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Product Warranty Policy
All components and parts sold by V&P Hydraulic Products, LLC are in accordance with its published specification unless otherwise agreed to in an express writing at the time of the sale. V&P Hydraulic Products, LLC is not responsible for any design or design parameters furnished by the customer, which is faulty or inadequate. The warranty described in this paragraph shall be IN LIEU OF any other warranty, expressed or implied, including but not limited to, any implied warranty of MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. V&P Hydraulic Products, LLC shall repair or replace, at its option, free of charge, within 12 months from the date of shipment, any non-conforming component or part defined herein. However, normal in-service wear of internal parts, components, and/or parts altered by anyone other than a V&P Hydraulic Products, LLC representative are accepted. A non-conforming component or part is defined as a component or part that is either: 1) proven to be defective due to material and/or workmanship; or 2) which varies from either V&P Hydraulic Products, LLC’s published specifications or whatever specifications are agreed to in express writing at the time of the sale. Written authorization for the return of any alleged non-conforming component or part must be obtained by V&P Hydraulic Products, LLC. V&P Hydraulic Products, LLC reserves the right to have one of its representatives view any alleged non-conforming component or part prior its removal from the customer’s equipment before granting alleged non-conforming component or part must be shipped, freight prepaid, with a complete explanation of the non-conformity and the circumstances surrounding its use and failure. Any non-conforming component or part must be returned to the V&P Hydraulic Products, LLC plant or its point of origin within 30 days of the customer’s receipt of said written authorization. Inspection charges shall be imposed upon any component or part found not to be defective due to material or workmanship and found to be in accordance with V&P Hydraulic Products, LLC’s published specifications or those specifications agreed to in an expressed writing at the time of sale. Said inspection charges shall be imposed prior to the return of the component or part of the customer. All valid claims will receive freight reimbursement from and back to the point of origin. The sole purpose of this stipulated exclusive remedy shall be to provide the customer with free repair or replacement of non-conforming or parts in the manner provided herein. This stipulated exclusive remedy shall not be deemed failed it essential purpose so long as V&P Hydraulic Products, LLC is willing and able to repair or replace the non-conforming component or part in the prescribed manner.
The customer is not required to ship an alleged non-conforming component or part to V&P Hydraulic Products, LLC if: 1) the component or part was destroyed as a result of its defect or of any defect in any component or part covered under this warranty, and; 2) V&P Hydraulic Products, LLC is reasonably satisfied that the component or part was defective at the time of shipment. If both of these conditions are met, V&P Hydraulic Products, LLC shall replace the component or part in the same manner provided herein as if the customer had delivered it to the V&P Hydraulic Products, LLC plant or its point of origin. This warranty is the customer’s sole and exclusive remedy against V&P Hydraulic Products, LLC for any claim and no remedy including, but not limited to, incidental and/or consequential damages for lost profits, lost sales, downtime, labor, injury to person or property, or any other incident or consequential loss, exist whether due to right rising under the purchase order, contract of sale, or independently thereof, and whether or not such claim is based upon contract, tort, or warranty liability. NO EMPLOYEE OR REPRESENTATIVE IS AUTHORIZED TO CHANGE THIS WARRANTY IN ANY WAY OR GRANT ANY OTHER WARRANTY.
V&P Hydraulic Products, LLC sales representatives may have made statements about the component or part described in this agreement. Such statements do not constitute warranties, shall not be relied upon by the customer, and are not part of this agreement for sale. The entire agreement is embodied in this writing. This writing constitutes the final expression of the party’s agreement, and it is a complete and exclusive statement of the terms of that agreement.
OTHER TERMS AND CONDITIONS
SELLER REPRESENTS THAT WITH RESPECT TO THE PRODUCTION OF THE ARTICLES AND/OR THE PERFORMANCE OF THE SERVICES COVERED BY THIS INVOICE, IT HAS FULLY COMPLIED WITH SECTION 1; (a) OF THE FAIR LABOR STANDARDS ACT OF 1938 AS AMENDED.
NO ALLOWANCE WILL BE MADE FOR ANY DISCREPANCY BETWEEN PACKING LIST AND MATERIAL RECEIVED UNLESS REPORTED WITHIN 10 DAYS AFTER RECEIPT OF SHIPMENT.
FINANCE CHARGE will be incurred against balance of account over thirty days on a monthly basis. FINANCE CHARGE is computed by a “Periodic Rate” of 1 ½% per month, which is an ANNUAL PERCENTAGE RATE of 18% applied to previous balance.
ANY SHIPMENTS DUE WITHIN 60 DAYS CANNOT BE CANCELLED OR RESCHEDULED WITHOUT EXPRESS WRITTEN APPROVAL OF SELLER.