Cam-Tite - Metal Ball Valves - ITT Engineered Valves - #51

1. CONTROLLING PROVISIONS: These terms and conditions shall control with respect to any purchase order or sale of Seller's products. No waiver, alteration or modification of these terms and conditions whether on Buyer's purchase order or otherwise shall be valid unless the waiver, alter­ation or modification is specifically accepted in writing and signed by an authorized representative of Seller.

2. DELIVERY: Seller will make every effort to complete delivery of products as indicated on Seller's acceptance of an order, but Seller assumes no responsibility or liability, and will accept no backcharge for loss or damage due to delay or inability to deliver caused by acts of God, war, labor difficul­ties, accident, delays of carriers, by contractors or suppliers, inability to obtain materials, shortages of fuel and energy or any other causes of any kinds whatever beyond the control of Seller. Seller may terminate any contract of sale of its products without liability of any nature, by written notice to Buyer, in the event that the delay in delivery or performance resulting from any of the aforesaid causes shall continue for a period of sixty (60) days. Under no circumstances shall Seller be liable for any special or consequential damages or for loss, damage or expense (whether or not based on neg­ligence) directly or indirectly arising from delays or failure to give notice of delay.

3. WARRANTY: Seller warrants for one year from the date of shipment Seller's manufactured products to the extent that Seller will replace those having defects in material or work­manship when used for the purpose and in the manner which Seller recommends. If Seller's examination shall dis­close to its satisfaction that the products are defective, and an adjustment is required, the amount of such adjustment shall not exceed the net sales price of the defective prod­ucts only and no allowance will be made for labor or expense of repairing or replacing defective products or work­manship or damage resulting from the same. Seller war­rants the products which it sells of other manufacturers to the extent of the warranties of their respective makers. Where engineering design or fabrication work is supplied, Buyer's acceptance of Seller's design or of delivery of work shall relieve Seller of all further obligation, other than as expressed in Seller's product warranty. THIS IS SELLER'S SOLE WARRANTY SELLER MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. AND ALL IMPLIED WAR­RANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTIC­ULAR PURPOSE WHICH EXCEED SELLER'S AFORESTATED OB­LIGATION ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THIS WARRANTY. Seller neither as­sumes, nor authorizes any person to assume for it, any other obligation in connection with the sale of its engi­neering designs or products. This warranty shall not apply to any products or parts of products which (a) have been repaired or altered outside of Seller's factory, in any man­ner; or (b) have been subjected to misuse, negligence or accidents; or (c) have been used in a manner contrary to Seller's instructions or recommendations. Seller shall not be responsible for design errors due to inaccurate or incom­plete information supplied by Buyer or its representatives.

4. SELLER'S LIABILITY: Seller will not be liable for any loss, damage, cost of repairs, incidental or consequential dam­ages of any kind, whether based upon warranty (except for the obligation accepted by Seller under "Warranty" above), contract or negligence, arising in connection with the design, manufacture, sale, use or repair of the products or of the engineering designs supplied to Buyer.

5. RETURNS: Seller cannot accept return of any products un­less its written permission has been first obtained, in which case same will be credited subject to the following: (a) All material returned must, on its arrival at Seller's plant, be found to be in first-class condition; if not, cost of putting in saleable condition will be deducted from credit memoranda; (b) A handling charge will be made from all credit memoranda issued for material returned; (c) Transportation charges, if not prepaid, will be deducted from credit memoranda.

6. SHIPMENTS: All products sent out will be carefully examined, counted and packed. The cost of any special packing or special handling caused by Buyer's requirements or requests shall be added to the amount of the order. No claim for shortages will be allowed unless made in writing within ten (10) days of receipt of a shipment. Claims for products or lost in transit should be made on the carrier, as Seller's responsibility ceases, and title passes, on delivery to the carrier.

7. SPECIAL PRODUCTS: Orders covering special or non­standard products are not subject to cancellation except on such terms as Seller may specify on application.

8. PRICES AND DESIGNS: Prices and designs are subject to change without notice. All prices are F.O.B. Point of Ship­ment, unless otherwise stated.

9. TAXES: The amount of any sales, excise or other taxes, if any, applicable to the products covered by this order, shall be added to the purchase price and shall be paid by Buyer unless Buyer provides Seller with an exemption certificate acceptable to the taxing authorities.

10. MINIMUM INVOICE: $200.00 plus transportation on com­plete valve assemblies.$100.00 plus transportation on replacement parts.

11. TERMS: Cash, net 30 days unless otherwise specified.

ITT Industries Valves and Valve Actuators are designed and manufactured using good workmanship and materials, and they meet all applicable industry standards. These valves are available with components of various materials, and they should be used only in services recommended in this product catalog or by a company valve engineer.

ITT Industries is anxious to avoid injuries and property damage which could result from a misapplication ofthe product. A selec­tion of a valve of the proper material consistent with the par­ticular performance requirement, is important for safe use.

Examples of the misapplication or misuse of a CAM-TITE⁸ Valve include use in an application in which the pressure/ temperature rating is exceeded and failure to maintain valves as recommended. If a valve appears to be leaking, do not oper­ate. Remove valve from service, repair, or replace.

Cam-Tite is a registered trademark of ITT Industries, Engineered Valves.

Krytox⁸ is a registered trademark of E. I. Dupont.

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