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 Plans & Silos | 8 - 12 weeks after receipt of deposits |
Custom Fabrications | As noted on quotation |
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.
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.
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.
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.