Generic Slides | Phone: 412/492-7272 | Fax: 412/492-7271 | Email: sales@genericslides.com
Generic Slides
Specializing in:

Long Travels
Heavy Payloads
Application Specific Solutions
Quality Products Since 1971
Terms & Conditions
 

Terms & Conditions

1. DEFINITIONS: As used throughout these Terms and Conditions of Sale the word 'GS' shall mean Generic Slides; the word 'Work' shall mean the consulting and product development support, project management, control and system level design, software and hardware development, applications and/or components furnished by GS, the installation thereof and all things necessarily required to place the Work and all components thereof in good working order. The word 'Order' shall mean the Buyer's purchase order as accepted by GS for the Work to be performed. In the event of any inconsistencies in the language within the Order and these Terms and Conditions, these Terms and Conditions shall control.

2. DIFFERENT OR ADDITIONAL TERMS AND CONDITIONS: GS hereby gives notice of its objection to and shall not be bound by any different or additional terms and conditions for the performance of the Work. GS's acceptance and performance of the Order is expressly conditioned on the Buyer's assent to the Terms and Conditions of Sale as stated herein. The Buyer's acceptance of or use of the Work shall be deemed to constitute such assent subject to any incomplete items, which have been enumerated by Buyer to GS at the time of Buyer’s acceptance of the Work.

3. SCOPE OF WORK: GS will perform the Work as set forth in its Quotation to the Buyer in a good and workmanlike manner and at the stated price therein. Load ratings listed are based on symmetrical loading, theoretical data, and standard definitions of the bearing industry. Maximum load ratings and all other information provided are suggested only, and are not guaranteed or warranted by GS. Suitability of the products for the intended use shall be solely determined by the user, and the user shall assume all risk and liability therewith.

4. PRICE AND TERMS OF PAYMENT: the price stated in the Order shall be based on GS's time and materials rates quoted for the Work, and any changes in the Work requested by the Buyer shall be subject to GS's prior acceptance thereof and at GS's current pricing rates. Terms are prepaid or by credit card, except for established accounts. Terms for established accounts are net 30 days after shipment. Past due accounts will be subject to a monthly charge at the rate of one and one half percent (1.5 percent) per month to cover the cost of servicing these accounts.

5. FORCE MAJEURE: GS shall use its best efforts to complete the Work within the time set forth in the Order; however, GS shall not be liable for failure to perform or for delay in performance due to fire, flood, strike or other labor difficulty, acts of God, acts or omissions of any governmental authority or of the Buyer, delays in transportation, equipment breakdown, inability to obtain necessary labor, materials, or manufacturing facilities from usual sources or due to any cause beyond GS's reasonable control. In the event of delay in performance of the Work due to any such cause, the date of delivery or time for its completion will be extended by a period of time reasonably necessary to overcome the effect of such delay.

6. TITLE AND RISK OF LOSS: the Work shall remain the property of GS until delivery and/or installation by GS. The place of delivery for the Work shall be FOB, point of shipment from the GS facilities. Risk of loss or damage to the Work shall pass to the Buyer at the point of delivery.

7. WARRANTY: GS warrants for a period of one (1) year after the date of delivery to the Buyer that the hardware portion of the Work will be free from defects in materials and workmanship and that the software portion of the Work will be free from errors which materially affect the utility of the software. Should GS be notified in writing of any failure of the hardware or software portion of the Work to conform to this warranty during such period thereof, GS shall either correct any such nonconformity, furnish corrected software in the medium in which it was originally supplied or, at GS's option, refund that part of the total price allocated to the nonconforming portion of the hardware or software. The professional services portion of the Work shall be performed in accordance with generally accepted standards which are the custom and usage in the trade, and shall be limited solely to completion of the hours specified in the Order. GS makes no warranty, express or implied, as to cycle time, output or other aspects of Buyer's system performance as the same may be affected by the Work delivered under the Order. This Warranty does not apply to any application program or set of instructions composed by the Buyer utilizing GS provided software.

THE ONLY WARRANTIES MADE BY GS ARE THOSE EXPRESSLY SET FORTH HEREIN. ANY OTHER ACTIONS, STATEMENTS OR DESCRIPTIONS ARISING FROM A COURSE OF DEALING OR CUSTOM OF USAGE OR TRADE SHALL NOT BE DEEMED TO CONSTITUTE A WARRANTY OF THE WORK OR ANY PART THEREOF. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR IMPLIED (INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE) EXCEPT OF TITLE.

8. PATENTS AND INVENTIONS: as a condition of acceptance of the Order by GS the Buyer agrees to execute any patent or software license or sublicense which may be required in the use and operation of the Work by the Buyer. GS reserves unto itself title and all other rights, including, but not limited to, patent, copyright and any other intellectual property right in and to any inventions, discoveries or other developments incorporated in or otherwise conceived or reduced to practice in the performance of the Work.

9. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIAL INFORMATION: except as set forth in paragraph 8 herein, GS does not confer, grant or sell to Buyer any intellectual property, patent, copyright or other rights of GS or its vendors and subcontractors. As a condition of acceptance of the Order by GS the Buyer agrees to execute any Proprietary or Non-disclosure Agreement required to protect GS's confidential information which may be disclosed to Buyer during the performance of the Work.

10. LIMITATION OF LIABILITY: notwithstanding any other provisions of the Order, GS, its vendors and subcontractors, shall not be liable in contract or in tort (including negligence or strict liability) for loss of profits, costs associated with business interruption, loss of use of equipment or capital, claims of customers of Buyer or for any special, indirect, incidental, or consequential damages whatsoever. The remedies of the Buyer set forth herein are exclusive and the liability of GS with respect to the Order or anything done in connection therewith whether in contract or in tort (including negligence or strict liability) or otherwise shall not exceed that part of the total price allocated to the portion of the Work on which such liability is based.

11. APPLICABLE LAW: the Order and these Terms and Conditions of Sale shall be interpreted and governed in accordance with the laws of the Commonwealth of Pennsylvania.


GENERIC SLIDES
1049 William Flynn Highway | Suite 300 | Glenshaw, PA 15116
Phone: 412/ 492-7272 | Fax: 412/ 492-7271 | Email: sales@genericslides.com