Terms:
-
Mixers* & Starter Systems:
50% with order - 50% at time of shipment.
-
Batch Plants:
30% with order, 60% prior to shipment, 10% due at startup.
-
Custom Fabrications:
As noted on quotation.
-
*Mixers including a chassis as part of the total purchase price: The chassis
must be paid 100% plus the cost of any chassis modifications with initial
order.
-
Standard Terms and Conditions are included as an integral part of this
quotation.
Delivery:
|
Product |
Delivery Schedule |
| Mixer Trailers & Starter Systems |
4-6 weeks after receipt of deposit |
| Truck Mounted Mixers |
2-3 weeks after receipt of chassis |
| Batch Plants & Silos |
8-12 weeks after receipt of deposit |
| Custom Fabrications |
As noted on quotation |
All prices are in U.S. Dollars. All prices are FOB Springfield, Ohio, USA
unless otherwise noted. Quotations remain in effect for 30 days.
12 Month Limited Warranty:
All Ernest Industries, Inc. equipment is covered by our 12-Month Limited
Warranty, as defined in the attached Standard Terms and Conditions. Under
certain circumstances, we may recommend that an Ernest technician be present
for startup and training, and this will be communicated at the time of
quotation.
STARTUP & INSTALLATION ASSISTANCE
The installation of Ernest Industries Inc. equipment is very straightforward
and can be accomplished by most maintenance departments. If, however, you would
prefer that an Ernest representative be present for the startup and/or
installation of the equipment and training of operating personnel, these
services are available at the rates listed below, plus mileage and reasonable
living expenses to and from Springfield, OH, USA. Please see the attached
Standard Terms and Conditions for further details.
Ernest Industries Inc. Standard Terms and Conditions of Sale
The following are the terms and conditions under which Ernest Industries Inc.
("Seller") sells and licenses its products:
- Offer and Acceptance.
If any general or specific conditions, including information and statements
made in the Quotation conflict with any terms or provisions in the Purchaser's
documents, the terms of this quotation shall govern unless Seller expressly
agrees to the contrary in writing. Seller reserves the right to change the
terms of this Quotation or to revoke this offer at any time prior to
acceptance. Any agreements, including those with our agents or sales
representatives, become valid only after written confirmation by Seller. All
typographical errors are subject to correction
- Taxes, Licensing, or Delivery Charges.
Prices are exclusive of all sales, use and like taxes, or any tax Seller may be
required to collect or pay upon the sale. Licensing or delivery of the products
shall be paid by Purchaser to Seller.
- Delivery, Security Interest, Delays.
Shipment will be F.O.B. Seller's plant. Purchaser assumes all risk of loss upon
delivery of the Products by seller to the carrier. In the absence of
instructions to the contrary, Seller on behalf of Purchaser will select the
carrier but shall nor be deemed thereby to assume any liability in connection
with the shipment nor costs shall be Collect. Seller shall have no obligation
to obtain insurance coverage of any kind. Purchaser will be responsible for all
storage, rigging and other charges at Purchaser's site. Purchaser hereby grants
Seller a security interest in the product shipped hereunder. Upon request by
Seller, Purchaser shall execute any instrument required to perfect such
security interest. Any delivery date stated is Seller's best estimate. Seller
makes no guarantee of delivery by such date and shall have no liability or
other obligation for failure to ship on such date regardless of cause unless
expressly stated otherwise herein. Time is not of the essence. Seller shall not
be held liable for any delays in estimated conditions beyond Seller's
reasonable control, including but not limited to inability to obtain material,
transportation, strikes, lockout, labor disputes, acts of God, riot, war,
embargo, restraints or demands of any government of any other cause beyond
Seller's control. Delivery of equipment or materials to a carrier at shipping
point shall constitute delivery thereof by the Seller to the Purchaser.
- Payment.
Domestic terms are cash upon delivery or, as Seller's option, 50% with order
and 50% net thirty (30) days from date of delivery, unless otherwise specified
in this quotation. International terms are 50% with order, 50% prior to
shipment via wire transfer, or Irrevocable Letter of Credit. All orders
involving a Letter of Credit are subject to a one-time fee of $500 in addition
to the total of the order to cover all processing fees. The Seller reserves the
right in the event of any material variations in such costs subsequent to such
time, to adjust prices to reflect variations. Any applicable taxes or fees,
imposed by any effective law must be paid by the Purchaser in addition to the
prices quoted. Interest, at the prime rate charged by our banks for uncovered
credit, being at least 2% above the prime rate, may be charged on past due
accounts where permitted by applicable law.
- Installation.
Installation of products sold hereunder shall not be the responsibility of
Seller unless Purchaser agrees, in writing, to pay for such installation and it
is incorporated as part of the Purchase Order and accepted by Seller. Purchaser
shall furnish all labor required for unpacking and placement of the products.
Notwithstanding the foregoing, Seller shall be under no obligation to install
the products (i) unless the products and installation site are prepared in
accordance with Seller's instructions and local building codes including proper
design of concrete footings, building permits, site permits, other regulatory
permits as required by local, state and regional agencies, the site and copies
of all permits are made available to Seller for installation within thirty (30)
days from the date of delivery and Seller has been so notified, and (ii) unless
Purchaser makes available all prerequisite products (as specified in the
applicable price list or product specifications), or (iii) if the equipment had
been modified without Seller's prior written approval or subjected to unusual
physical, electrical or electromagnetic stress, accident, neglect, misuse or
other damage beyond the control of Seller.
Notwithstanding the above, Seller does not accept any responsibility to connect
Seller equipment to non-Seller equipment. However, should Seller, as a
convenience to the Purchaser, connect such equipment, it does so only on the
condition that it has no liability for any damage which may result and no
liability for any subsequent malfunction of the equipment.
- Acceptance of Products.
Acceptance shall occur upon delivery, unless Seller notifies in writing within
thirty (30) days from receipt of the Products by Purchaser that the Products do
not conform to Seller's product specifications. Seller's sole responsibility is
for repair or replacement, Purchaser's responsibility to return, at its
expense, the alleged non-conforming products to Seller.
- Warranty
1. Products, except as stated otherwise in an applicable price list or written
quotation by Seller, are warranted against defects in workmanship and material
for a period of one year from date of delivery to the original purchaser. This
warranty does not include hoses, wires, track roller bearings, tires & rims,
signal lights and electrical switches. In the event the products comprise,
wholly or in part, products produced by a party other than the Seller, the
Seller shall pass through to the Purchaser such warranties as the product
manufacturer has made to Seller to the extent transferable, and Seller makes no
additional warranties with respect to the products.
2. Truck chassis, all truck chassis either new or used are not covered by
Ernest Industries warranty. All used chassis purchased in combination with a
mixer body attached are sold "AS IS" no warranties expressed or implied.
Modifications to chassis, either performed by Ernest Industries or an outside
vendor, to meet requirements for installation of a mixer body are not covered
by our warranty and are considered part of the chassis, purchased "AS IS" no
warranties expressed or implied.
3. Seller's sole responsibility under this warranty shall be to either repair
or replace, at its option, any component which fails during the applicable
warranty period because of a defect in workmanship or material, provided
Purchaser has reported same to Seller's request returned the component to
Seller at Purchaser's expense which shall become Seller's property.
The above warranties are contingent upon proper use of the products. This
warranty shall not apply if: (1) product is not owned by the original
purchaser. (2) Any part of the product which has been repaired or altered
outside of any repair facility authorized by Seller, which in any way, in the
judgment of Seller affected adversely its normal or intended use. (3) Operation
of the product with improper load or materials. (4) Damage incurred due to
improper installation and/or use of the product. (5) The serial number plate is
missing from the product or machine using the product. (6) Adjustment, repair
or parts replacement is required because of accident, unusual physical,
neglect, misuse, failure to properly lubricate and clean the unit,
transportation, failure to maintain in accordance with Seller's specifications
or alteration of any kind.
THIS LIMITED WARRANTY APPLIES TO ERNEST INDUSTRIES INC. EQUIPMENT - HOSES,
WIRES, TRACK ROLLERS BEARINGS, TIRES & RIMS, SIGNAL LIGHTS, TRUCK CHASSIS (NEW
OR USED), MODIFICATIONS TO TRUCK CHASSIS WHETHER PERFORMED BY ERNEST INDUSTRIES
OR AN OUTSIDE VENDOR.
EXCEPT FOR THE EXPRESS WARRANTIES STATED HEREIN, SELLER DISCLAIMS ALL
WARRANTIES ON PRODUCTS FURNISHED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ALL
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; and
the stated express warranties are in lieu of all obligations of liabilities on
the part of Seller arising out of or in connection with the performance of the
products.
- Equipment changes.
Seller, in an effort to continually improve the design of its products,
reserves the right to make changes in the specifications and designs of its
products, and, if necessary, to substitute equipment of substantially similar
quality which may vary from Seller's specifications.
- Export.
Regardless of and disclosure made by Purchaser to Seller of an ultimate
destination of the products, Purchaser will not export, either directly or
indirectly, any product or system incorporating such product without first
obtaining a license from the U.S. Department of Commerce or any other agency or
department of the United States Government, as required by law.
- Cancellation and Reschedule Charges. In the event the Purchaser (i)
cancels any order or portion thereof, or (ii) fails to meet any obligation
hereunder, causing cancellation or rescheduling of any order or portion
thereof, or (iii) requests a rescheduling of schedule equipment and such
request is accepted by Seller, Purchaser agrees to pay to Seller
cancellation/reschedule charges as a percentage of the quoted price of the
canceled or rescheduled equipment. Those charges having been agreed upon, not
as a penalty, but as a result of difficulty of computing actual costs. Such
charges are as follows:
|
CHARGE |
CANCELLATION/RESCHEDULE NOTICE RECEIVED |
| 25% |
61-90 days prior to scheduled Delivery Month |
| 50% |
31-60 days prior to scheduled Delivery Month |
| 75% |
30 days or fewer priors to scheduled Delivery Month |
| 90% |
during scheduled Delivery Month |
*Refunds for chassis purchased from outside vendors, truck dealers or
individuals are not subject or our cancellation/return schedule. Cancellations
will need to be addressed with vendors, truck dealers or individuals.
Modifications performed to truck chassis to facilitate the installation of the
mixer body are not subject to a cancellation/return schedule and the full
amount is due and payable regardless of the status of the mixer order.
Purchaser may not cancel or reschedule any order or portion thereof after
shipment from Seller's plant or, in the case of orders shipped directly from
the manufacturer, shipment from the manufacturer's plant.
If Purchaser's financial condition does not, in the Seller's judgment, warrant
the commencement or continuation of product or shipment of the goods ordered,
Seller shall be entitled to a change in terms of payment or other adequate
security advance, as a condition to such commencement, continuation or
shipment. If Purchaser does not comply with such terms, Seller may cancel the
contract and shall be entitled to receive cancellation charges as outlined
above.
- General Provisions
A contract will become binding only when a written acceptance of Purchaser's
order is sent to Purchaser by Seller. This contract is governed by the laws of
Ohio and any dispute in regard to the terms of the contract between the parties
of the product of Seller shall be submitted to arbitration in Springfield, Ohio
under the Rules of the American Arbitration Association. Any action by Seller
to enforce payment of any balances due hereunder is expressly excluded from
this provision. This contract constitutes the entire Agreement between the
parties with respect to subject matter hereof and supercedes all proposals,
oral and written, all previous negotiations and all other communications
between the parties with respect to the subject matter hereof. These terms and
conditions shall prevail notwithstanding any different, conflicting or
additional terms and conditions that may appear on any order submitted by
Purchaser. Deviations from these terms and conditions are not valid unless
confirmed in writing by an authorized officer of Seller at its corporate
office.
Data furnished and disclosed in conjunction with this quotation are
confidential and shall not be duplicated, used or disclosed in whole or in
part, for any other purpose than to evaluate this quotation. Seller will hold
Purchaser harmless against any patent infringement claims. The Purchaser agrees
not to remove or obliterate any plate, sign, engravings or writing placed on
the equipment by the Seller.
Seller does not claim complete knowledge of all laws and regulations and
therefore cannot guarantee or imply compliance with same and cannot indemnify
Purchaser for any liability imposed resulting from non-compliance.
This contract is not assignable without prior, written approval of Seller and
any attempt to assign any rights, duties or obligations under the contract
without such approval shall be void.
All rights and remedies, whether conferred hereby or by any other instrument or
law, shall be cumulative and may be exercised singularly or concurrently.
Failure by either party to enforce any contract term shall not be deemed a
waiver of future enforcement of that or any other term.
If any provision of the contract is held invalid under any applicable statute
of rule of law, such invalidity shall not affect other provisions of this
contract which can be given effect without the invalid provision and, to this
end any invalid provisions of this contract are declared to be severable.
Notwithstanding the above, any invalid provision or clause shall be construed,
to the extent possible, in accordance with the original intent of the parties
and given such effect as can be determined to be such intent.
In the event either party brings an arbitration on account of the agreement or
the breach of any terms hereof or the Seller commences suit for payment due
hereunder, the prevailing party shall be entitles to recover reasonable
attorneys fees as determined by the arbitrator or the court.
Regulatory Guidelines: All Ernest Industries Inc. equipment is designed to be
in compliance with OSHA regulation, as that are currently understood. The
equipment, however, cannot be certified for compliance unless the customer
identifies, by number the specific regulation(s) for which certification is
desired. Any local and state rules, codes, and regulations that differ from
OSHA guidelines must be supplied to Ernest Industries for review.
Any orders, mandates, rules, or regulations established by the U.S.
Environmental Protection Agency, and/or similar local or state agency, domestic
or foreign, must be supplied to Ernest Industries for review.
Ernest Industries strives to select electrical components that are UL
certified. UL Certification for complete machines is not included in the
pricing of this proposal.
Please Note: Any changes or modifications required to meet compliance of above
may increase the pricing of this proposal.
Electrical Disconnect Safety Switches. Individual safety disconnect switches
for each motor are not included in this quotation. If required by local codes
or purchase order specifications, these must be supplied by others.
- Field Service Charges.
For Ernest Industries Inc. supplied service technicians to assist customers or
for service work, the following rate schedule shall apply:
TECHNICIAN/SUPERVISORY
Hourly rate $75/$110
Hourly rate for time worked over 9 hours per week day and for up to 9 hours on
Saturday $100/$150
Hourly rate for time worked over 9 hours on Saturday, and all time worked on
Sunday and all recognized holidays $150/$210
Daily expenses per man while at site: Cost + 10%
Travel expenses: Cost + 10%
Mileage (if using an automobile other than rental car or taxi) $.50 per mile
Travel time will be billed at the rate that applies to time traveled.
(Over-time, weekends, and holidays will be billed at their appropriate higher
rates)
Invoices will be submitted upon completion of work and terms are Net 30 days.
All service work performed by Ernest Industries Inc. will be recorded on a
Service Report Form and will be filed in the equipment serial file. A copy of
the Service Report Form will be sent to the customer.
IMPORTANT NOTICE
After shipment, any electrical or design changes to this equipment without the
written consent of Ernest Industries Inc. is prohibited and will void
warranties. Any changes are subject to review in order to continue the
equipment warranties and may be subject to engineering or technical charges.
PAST DUE ACCOUNTS ARE SUBJECT TO INTEREST CHARGES OF 2% PER MONTH.
- USE OF ERNEST INDUSTRIES NAME & LOGO
Ernest Industries, Inc., the name "Shortstop Concrete Mixers", the trade name
"Shortstop Concrete", Ernest Industries logo including the "anvil" and "wheel
barrow guy" are registered trade marks of Ernest Industries, Inc. Ernest
Industries, Inc. must approve use of name and logo in writing.
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