Offer of Sale

Aero-Hose, Corp.
1845 Town Center Blvd # 140
Orange Park, FL 32003

  1. Commercial Terms and Conditions of Sale: This offer is made subject to the terms and conditions stated herein, and any resultant purchase order or contract shall be governed by these terms and conditions exclusively in lieu of all other terms unless expressively accepted by an authorized representative of Seller in writing. Any other terms and conditions, including changes to Seller's terms and conditions stated herein are hereby rejected. Buyer's acceptance of Seller's products or services shall in all events constitute Buyer's assent to Seller's terms and conditions. Only the signature of an Officer of Aero-Hose, Corp. will bind Aero-Hose, Corp. to an agreement. Any other signature has no binding effect.
  2. Payment: Full payment shall be made by Buyer to Seller to arrive at the billing location specified by Seller with the terms stated on the invoice. Unless otherwise instructed, remit to: 1845 Town Center Blvd # 140; Orange Park, FL 32003.
  3. Delivery: All deliveries shall be made F.O.B. Aero-Hose, Corp., 1845 Town Center Blvd # 140; Orange Park, FL 32003. Buyer shall advise Seller of method of delivery not less than 30 (thirty) days prior to the scheduled date of delivery. Regardless of the method of delivery, however, risk of loss shall pass to Buyer upon Seller's delivery to carrier selected by Buyer. All delivery dates shown are approximate only and Seller shall have no liability for any delays in delivery.
  4. Warranty: Seller warrants that the items sold hereunder shall be free from defects in material and workmanship. Seller warrants that services performed hereunder will be performed in a good workmanship manner and will meet the agreed upon task descriptions. In cases of assemblies fabricated by persons other than the Company, the Company’s warranty shall only cover the components of such assemblies manufactured by the Company. Should any such defects be discovered within three (3) months from the date of purchase by the end user, the questionable part should be returned to the Seller. If upon inspection the part proves to be defective, the Seller shall furnish a replacement, or at its option, rework the part. This warranty shall not apply to any part or parts of Hose Products if it has been installed, altered, repaired or misused, through negligence or otherwise, in a way that, in the opinion of the Company affects the reliability of, or detracts from the performance of the Product. Nor does this warranty cover replacements, repairs or reworks necessitated by loss or damage resulting from any cause beyond the control of the Company, including, but not limited to, acts of God, acts of Government, floods and fires. All hose assemblies fabricated by Aero-Hose, Corp. are indentified using an Electro-etched Stainless Steel Tag attached to the hose assembly.
  5. The obligation of the Company under this warranty is limited to making a replacement part available or rework of the defective part, and does not include the furnishing of any labor involved or connection therewith, such as that required to diagnose trouble or to remove or install any such products, nor does it include responsibility for any transportation expenses or any damages or losses incurred in transportation in connection therewith. The Company reserves the right to improve its Hose Products through changes in design or material without being obligated to incorporate such changes in the Hose Products or prior manufacture, and to make changes at any time in design, materials, or parts of any of the Company’s Hose Products without obligation or liability to any customer who has purchased the Company’s Hose Products of prior manufacture. The Company shall not be liable for any direct incidental or consequential damages or special damages which result from the use of the Company’s Hose Products or other products, or are caused by any defect, failure, or malfunction of such products, whether a claim for such damages is based upon warrants, contract negligence or otherwise. The foregoing is in lieu of any other warranties, expressed, implied or statutory, and the Company neither assumes nor authorizes any person to assume for the Company neither any other obligation nor liability in connection with the sale of its Products.
  6. Changes, Reschedules and Cancellations: Buyer may request Seller to modify the designs or specifications for the items sold hereunder as well as the quantities and delivery dates thereof, or may request to cancel all or part of this order, however, no such requested modification or cancellation shall become part of the contract between Buyer and Seller unless accepted by Seller in a written amendment to the purchase order or contract. Acceptance of any such requested modification or cancellation shall be at Seller's discretion, and shall be upon such terms and conditions as Seller may require, including equitable adjustment in the purchase order or contract price and adjustment in delivery schedules, or other elements as determined by Seller. Aero-Hose, Corp. manufactures and distributes custom parts for specific applications. If a cancellation request is accepted in writing there will be a 50%, of purchase order price, cancellation fee invoiced.
  7. Special Tooling: A tooling charge may be imposed for any special tooling, including without limitation, dies, fixtures, molds and patterns, acquired to manufacture items sold pursuant to any resultant purchase order or contract. Such special tooling shall be and remain Seller's property notwithstanding payment of any charges paid by Buyer. In no event will Buyer acquire any interest in equipment or tools belonging to Seller which are utilized in the manufacture of the items sold hereunder, even if such equipment or tools have been specially converted or adapted for such manufacture and notwithstanding any charges paid by Buyer. Seller shall have the right to alter, discard or otherwise dispose of any special tooling or other property at its sole discretion at any time.
  8. Taxes: Unless otherwise agreed upon and included as a provision of any resultant purchase order or contract, all prices and charges are exclusive of excise, sales, use, property, occupational or like taxes which may be imposed by any taxing authority upon the manufacture, sale or delivery of the items sold hereunder. If any such taxes must be paid by Seller or if Seller is liable for the collection of such tax. The amount thereof shall be in addition to the amounts for the items sold. Buyer agrees to pay all such taxes or to reimburse Seller therefore upon receipt of its invoice. If Buyer claims exemption from any sales, use or other tax imposed by any taxing authority, Buyer shall save Seller harmless from and against any such tax, together with any interest or penalties thereon which may be assessed if the items are held to be taxable.
  9. Indemnity For Infringement of Intellectual Property Rights: Seller shall have no liability for infringement of any patents. trademarks. copyrights, trade secrets or similar rights.
  10. Force Majeure: Seller does not assume the risk of and shall not be liable for delay or failure to perform any of Seller's obligations by reason of circumstances beyond the reasonable control of Seller (hereinafter "Events of Force Majeure"). Events of Force Majeure shall include without limitation, accidents, acts of God, strikes or labor disputes, acts, laws, rules or regulations of any government or government agency, fires, floods, delays or failures in delivery of carriers or suppliers, shortages of materials and any cause beyond Seller's control.
  11. Entire Agreement/Governing Law: The terms and conditions set forth herein, together with any amendments, modifications and any different terms or conditions expressly accepted by Seller in writing, shall constitute the entire Agreement concerning the items sold, and there are no oral or other representations or agreements which pertain thereto. This Agreement shall be governed in all respects by the laws of the State of Florida. No actions arising out of the sale of the items sold hereunder or this Agreement may be brought by either party more than two (2) years after the date of shipment by Seller.

    While every effort has been made to present the latest technically accurate information, industry standards and specifications are subject to revision at any time and human errors can occur. The products and designs offered herein, without limitation, are subject to change at any time without notice. Improper selection of use of products offered herein can result in injury or death.

www.aero-hose.com