Quincy Compressor QSVB Series, Instruction Manual

June 30, 2003 

Page 1 of 2 

QUINCY COMPRESSOR AND ORTMAN FLUID POWER DIVISIONS  

STANDARD TERMS AND CONDITIONS  

LEGAL EFFECT: Except as expressly otherwise agreed to in writing by an authorized representative of  Seller, 
the following terms and conditions shall apply to and form a part of this order and any additional and/or different 
terms of Buyer’s purchase order or other form of acceptance are rejected in advance and shall not become a part 
of this order. 
 
The rights of Buyer hereunder shall be neither assignable nor transferable except with the written consent of 
Seller.   
 
This order may not be canceled or altered except with the written consent of Seller and upon terms which will 
indemnify Seller against all loss occasioned thereby.  All additional costs incurred by Seller due to changes in 
design or specifications, modification of this order or revision of product must be paid for by Buyer. 
 
In addition to the rights and remedies conferred upon Seller by this order, Seller shall have all rights and remedies 
conferred at law and in equity and shall not be required to proceed with the performance of this order if Buyer is in 
default in the performance of such order or of any other contract or order with seller.  
 
TERMS OF PAYMENT: Unless otherwise specified in the order acknowledgment, the terms of payment shall be 
net cash within thirty (30) days after shipment.  These terms shall apply to partial as well as complete shipments.  
If any proceeding be initiated by or against Buyer under any bankruptcy or insolvency law, or in the judgment of 
Seller the financial condition of Buyer, at the time the  equipment is ready for shipment, does not justify the terms 
of payment specified, Seller reserves the right to require full payment in cash prior to making shipment.  If such 
payment is not received within fifteen (15) days after notification of readiness for shipment, Seller may cancel the 
order as to any unshipped item and require payment of its reasonable cancellation charges. 
 
If Buyer delays shipment, payments based on date of shipment shall become due as of the date when ready for 
shipment.  If Buyer delays completion of manufacture, Seller may elect to require payment according to 
percentage of completion.  Equipment held for Buyer shall be at Buyer’s risk and storage charges may be applied 
at the discretion of Seller.    
 
Accounts past due shall bare interest at the highest rate lawful to contract for but if there is no limit set by law, 
such interest shall be eighteen percent (18%).  Buyer shall pay all cost and expenses, including reasonable 
attorney’s fees, incurred in collecting the same, and no claim, except claims within Seller’s warranty of material or 
workmanship, as stated below, will be recognized unless delivered in writing to Seller within thirty (30) days after 
date of shipment. 
 
TAXES: All prices exclude present and future sales, use, occupation, license, excise, and other taxes in respect of 
manufacture, sales or delivery, all of which shall be paid by Buyer unless included in the purchase price at the 
proper rate or a proper exemption certificate is furnished. 
 
ACCEPTANCE: All offers to purchase, quotations and contracts of sales are subject to final acceptance by an 
authorized representative at Seller’s plant. 
 
DELIVERY: Except as otherwise specified in this quotation, delivery will be F. O. B. point of shipment.  In the 
absence of exact shipping instruction, Seller will use its discretion regarding best means of insured shipment.  No 
liability will be accepted by Seller for so doing.  All transportation charges are at Buyer’s expense.  Time of 
delivery is an estimate only and is based upon the receipt of all information and necessary approvals.  The 
shipping schedule shall not be construed to limit seller in making commitments for materials or in fabricating 
articles under this order in accordance with Seller’s normal and reasonable production schedules. 
 
Seller shall in no event be liable for delays caused by fires, acts of God, strikes, labor difficulties, acts of 
governmental or military authorities, delays in transportation or procuring materials, or causes of any kind beyond 
Seller’s control.  No provision for liquidated damages for any cause shall apply under this order.  Buyer shall 
accept delivery within thirty (30) days after receipt of notification of readiness for shipment.  Claims for shortages 
will be deemed to have been waived if not made in writing within ten (10) days after the receipt of the material in 
respect of which any such shortage is claimed.  Seller is not responsible for loss or damage in transit after having