Offer of Sale
1845 Town Center Blvd # 140
Orange Park, FL 32003
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- Indemnity For Infringement of Intellectual Property Rights: Seller shall
have no liability for infringement of any patents. trademarks. copyrights,
trade secrets or similar rights.
- 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.
- 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
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.