Terms

Demand Products, Inc., Cutlas & Demand Foam Cutting

TERMS and CONDITIONS OF SALE

 

CASH PAYMENTS – Non-Refundable – Non-returnable,  30%  deposit at time of order and 100%  of balance due prior to shipping.

DISPATCH             – Estimated shipping 4- 6 weeks ARO.

VALIDITY              – This quotation is valid for 60 days.

CURRENCY           – All amounts are US dollars.

 

Demand Products, Inc. (“Demand”) will supply Goods and/or services (“Goods”) to its Customers (“Customers”) on the following terms and conditions (“Terms”).

Delivery Time

Approximately 4-8 working weeks (ex works) upon receipt of deposit and subject to our confirmation at the time Demand accepts the order. Demand will not be liable if Goods are delivered later than the originally indicated date, regardless of the cause of the delay.

Payment

Customers are required to pay a minimum 30% non-refundable deposit when an order is placed so as to make the order valid. Payment of the non-refundable balance shall be payable prior to shipping. Where final payment is not received within 30 days of notification of machine completion, the deposit may, at Demand’s sole discretion, be forfeited and the machine supplied to another of Demand’s customers, unless alternate arrangements have been previously agreed upon.

Validity of Quoted Prices and Orders

Quoted prices remain valid for 60 days from the date of the quote. A quote is not in itself an offer that when accepted creates a binding relationship between Demand and the Customer.  No order made by a Customer will be binding on Demand until accepted in writing by Demand (“Accepted

Orders”). Accepted Orders placed with Demand will only be accepted on these Terms. No Accepted Order may be cancelled except with Demand’s written consent and on terms that will indemnify Demand against all costs, losses, expenses and liabilities directly or indirectly incurred by Demand in connection with or in relation to the Accepted Order.

Taxes

Local taxes, duties, levies and the like are not included in Demand’s quoted prices.  Check with your local tax advisor regarding state requirements.

Instruction Manuals

One set of manuals with instructions for maintenance and operation of the machine and relevant electrical and installation drawings will be supplied in an English version, unless otherwise agreed in writing by the Customer and Demand.

Design of Goods

While every effort will be made to supply items and equipment complying with published specifications, in the interest of continuing product improvement Demand reserves the right to modify, without notice, any specifications or equipment in a manner that does not materially detract from the fitness of the Goods for their intended purpose.

Off site works

Quotes for services that include off site labor, such as for Installations or Service at the premises of the Customer, are made on the basis that, other than where the quote specifically states otherwise, all work will be carried out during normal working hours. Normal working hours being Monday to Friday, 8 hours day time work per Day, but excluding United States Public Holidays.

Warranty

For a period of up to 1 year after commissioning the of the equipment supplied by Demand or its nominated agent.  Components may be replaced or repaired; free of charge (ex-works) any parts found to be defective provided that the failure has occurred during ordinary use of the equipment and that the defective parts are returned, carriage paid, to the premises of Demand.  Demand’s liability under these Terms is expressly limited to a liability to pay the Customer an amount equal to whichever is the lowest amount of:

a) cost of replacing the Goods;

b) cost of obtaining equivalent Goods; or

c) cost of having the Goods repaired

All freight, Local import taxes, duties, levies and the like, travel, accommodation and out-of-pocket expenses incurred in replacement or repair of equipment is to be borne by the Customer.

Guarantees are restricted to the replacement or repair of mechanical and electrical equipment supplied by Demand and no claim for loss of production or any consequential damage to person or property will be accepted by Demand.

If the goods are not manufactured by Demand, the guarantee of the manufacturer of those Goods is accepted by the Customer and is the only guarantee given to the Customer in respect of the Goods. Demand agrees to assign to the Customer upon request by the Customer the benefit of any warranty or entitlement to the Goods that the manufacturer has granted to Demand to the extent that such is assignable.

The installation of Demand machines shall be carried out by Demand or by an approved agent. Failure to do so will void the machine warranty. In this case, goods manufactured by others may, at the discretion of the manufacturer of said goods, retain limited warranty with the said manufacturer.

Warranty Period by Component

Demand makes no express warranties beyond those stated in these Terms. All conditions and warranties implied by statute or common law are to the extent permitted by law expressly excluded.

Notwithstanding anything else contained in these Terms, Demand will not be liable to the Customer for loss of profits or contracts or other indirect or consequential loss whether arising from negligence, breach of contract or otherwise.

Force Majeure

Demand shall not incur any liability in the event that it is delayed in its performance of its obligations by force majeure.

Risk and Passing of Property

Risk in the Goods will pass to the customer when the Goods leave Demands premises. Notwithstanding the above, property of the Goods shall remain with Demand until full and final payment has been received by Demand. If the Customer fails to make full payment for any Goods supplied by Demand, Demand is entitled to possession of those Goods and may recover them and sell them. The Customer must place those Goods at the disposal of Demand and Demand is entitled to enter upon any premises of the Customer and remove those Goods.

Whole of Agreement

These Terms and anything contained in an Accepted Order supersedes and replaces any other agreement, arrangement or understanding between Demand and the Customer. These Terms can only be amended in writing by Demand Products.