Terms and Conditions
An open account is a privilege extended at Oven Industries’ discretion to those firms that are favorably rated in Dunn & Bradstreet, and / or have had a previous satisfactory account with Oven Industries.
The privilege of an open account can and will be withdrawn when a firm abuses the privilege by delaying payment beyond the terms stated on this confirmation for any reason.
For airfreight and air express shipments, the FOB airport will be Harrisburg International, Pennsylvania.
CONDITION OF SALE: Verbal orders cannot be completed until written confirmation is received and accepted by Oven Industries. All orders are subject to acceptance only in accordance with the terms set forth herein, other terms and conditions appearing on the purchase order not withstanding. Any exceptions must be agreed to by us, in writing. We are not bound (by shipment, acknowledgement of your orders or otherwise) by any printed provisions of your purchase orders which are unreasonable or are inconsistent with the provisions hereof.
DELIVERIES: Purchaser’s requested delivery schedules will be met by us to the best of our ability. Any delivery promise, however, only represents our best estimate of the time required to make shipment. We cannot assume any liability, consequential or otherwise, because of failure to deliver, or not to deliver on schedule, for any reason. Delivery of samples or any part of an order does not constitute an obligation to make further deliveries. We reserve the right to reject an order, in whole or in part.
PRICES: Prices on quotations are subject to change or withdrawal without notice.
TAXES: Unless otherwise specified, all prices are quoted, exclusive of Federal, State, and Local Excise, Sales, and similar taxes. These charges, when applicable, will be charged as separate additional items on the Invoices, unless, and then only to the extent exemption certificates properly executed in approved form are in our possession before shipping.
TRANSPORTATION: All shipments are F.O.B. Mechanicsburg, Pennsylvania. And shipped per customer request or Best Way. Orders with multiple destinations will be charged $5.00 each per extra destination.
QUOTATIONS: All written quotations automatically expire unless accepted within 60 days from the date quoted. However, all quotations are subject to change, with or without notice, within this 60-day period. Verbal quotations expire the same day they are made. Quotations, to be binding, must list the actual quantities involved. All stenographic and clerical errors are subject to correction.
LIMITED WARRANTY: Oven Industries warrants its products for a period of one (1) year from the date of shipment, to be free from defects caused by poor workmanship and / or faulty materials. The liability of Oven Industries under the warranty is limited to replacing, repairing, or issuing credit, at their option for any parts, which are returned by purchaser during such period, provided:
- The warranty extends only to the original purchaser and not to subsequent users or purchasers.
- Purchaser promptly notifies Oven Industries in writing upon discovery of such defects.
- The defective unit/units are returned to Oven Industries, transportation charges prepaid, by purchaser.
- Oven Industries examination of such unit/units shall disclose to its satisfaction that such defects exist and have not been caused by misuse, misapplication, neglect, improper installation, improper storage, alteration or accident. Oven Industries assumes no responsibility for consequential damages of any nature and the Customer by acceptance of any equipment or components, thereof, or of parts therefore, will assume liability for the consequences of its use or misuse by the Customer, his employees or others. This warranty is in lieu of all other warranties expressed on implied.
TERMINATIONS AND HOLD ORDERS: Any order may be terminated by the purchaser at any time upon written notification, to the extent hereinafter provided and subject to the following conditions:
The purchaser will:
- Accept delivery of and pay for, at current prices, all of the material completely manufactured by Oven Industries.
- Pay all costs direct or indirect, incurred by Oven Industries, on that portion that is not finished and/ or ready for shipment on the day of termination notice is received by Oven Industries. “Hold” orders and “stop work” orders are considered to be termination notices and are subject to the above conditions. It is understood that Oven Industries will exert every effort to reduce costs by diverting, when possible, complete materials, work in process, and raw materials on order.
LOSS OR DAMAGE IN TRANSIT: No allowance shall be made for loss, damage, or destruction after loading a delivery to carrier. Claims on account of loss, damage, or destruction in loading of goods are waived by buyer, unless made in writing and mailed by registered mail to the carrier within (5) days after arrival of the goods at destination, with a copy to seller. All claims for loss, damage, or destruction shall be made against the carrier. Sellers’ liability shall in no event exceed the purchase price of the particular delivery with respect to which such damages are claimed. No claim shall be allowed for inconsequential damage. Buyer shall afford seller prompt and reasonable opportunities to inspect all goods against which claims are made.
RETURNS & ADJUSTMENTS: All returns must be authorized and no return will be accepted unless authorized. In no case will credit be issued to cover physical damage incurred in transit. Authorization and shipping instructions may be obtained from Oven Industries. All returned material not eligible for adjustment will be immediately returned to the customer, transportation collect, unless we have the customer’s specific authority to scrap. All credit allowed will be at prices in effect on the day the return was originally purchased, less handling and re-stocking charge (when applicable) of 20%. Oven Industries can accept no charges for packaging, inspection, shipping, or other cost in connection with any unit returned for adjustment.