Acceptance of Terms: These terms and conditions shall become a binding contract between the Buyer and Chief upon acceptance of the proposal by the Buyer. The terms and conditions outlined below will become part of and attached to any and all contract documents for the complete proposal.
Notations and Clarifications: Pricing is based upon a specific Scope of Work/Specification and/or Product design. Upon project initiation, any delays or costs associated with Buyer changes will be subject to billable change orders. Chief proposes to manufacture the system(s) in accordance with the governing NFPA Code (if applicable), USDOT (if applicable) and the listed drawings and specifications. Any requirement by local governing authorities is the sole responsibility of the buyer/owner and/or their representative and shall be clarified in writing prior to the bid date to be included in the proposal.
Pricing: All pricing is based on the United States dollars (USD). All payments must be made in USD.
Testing and Commissioning: Testing and Commissioning is handled on a pre-proposal basis. Absolutely no outdoor Factory Acceptance Testing will be performed in winter Temperatures Associated lead times may be affected by such testing restrictions due to Winter temperatures in the Mid-Atlantic states.
Order Processing: All orders received during company/national holidays will be processed on the next official Chief business day. Any order received after the third week of December will be processed in the first full week of January.
Assignment: The rights of the Buyer hereunder shall neither be assignable nor transferable without the written consent of Chief.
Taxes: Unless noted, all prices exclude present and future salaries, use, occupation, license, excise and other taxes with respect to manufacturing, sales or delivery. All of which shall be paid by the Buyer unless included in the purchase prices at the proper rate or a proper exemption certificate is furnished.
Alternation, Cancellation, Rescheduling and Returned Equipment: This order cannot be altered or rescheduled except with the written consent of Chief and upon terms which will indemnify Chief against all loss caused by such alteration or rescheduling. All additional costs incurred by Chief due to changes in design, specifications, modification or revision of any order or product will be subject to billable change order and must be paid for by the Buyer. Goods may be returned only when specifically authorized by Chief. The Buyer will be charged for placing returned goods into new resale condition, plus any sales expenses incurred. In addition, the Buyer will pay outgoing and incoming transportation costs.
If the Buyer terminates or cancels the contract, in whole or in part, by written notice, Chief will, upon receipt of the termination notice, cease the performance of the contract according to the instructions of the Buyer. In such a case, the Buyer shall pay to Chief the value of the contract for the Work which has been delivered, or has been completed or is in the process (including engineering and shop labor) in addition to other committed costs prior to the termination notice less any prior payments.
Obsolescence: Chief makes no Guarantee of future certification or classification of the provided or proposed equipment by any government or certifying body or agency.
Shipping: All equipment is sold Ex-Works (EXW) according to Incoterms 2010 unless otherwise stated.
Operating Conditions: Recommendations are made upon the basis of operating conditions specified by the Buyer. If actual conditions are different from the specified and performance of the equipment is adversely affected, the Buyer will be responsible for the cost of all changes in the equipment required to accommodate such conditions. In such an event, Chief reserves the right to cancel any order and the Buyer shall reimburse Chief for all the costs and expenses incurred in, and reasonable profit for, performance hereunder. Chief reserves the right to refuse any order based upon a quotation containing an error.
Liability Limitations, Indemnification, Warranty: Under no circumstances shall Chief have liability for liquidated, collateral, consequential or special damages or for loss of profits or for actual losses or for loss of production or progress of construction resulting from delays in delivery or performance of this order. The Buyer's remedies with respect to equipment found to be defective in material or workmanship shall be limited exclusively to the Standard Warranty document provided with this proposal.
Loss, Damage or Delay: Chief shall not be liable for any loss, damage or delay occasioned by causes beyond Chief's control, including, but not limited to, governmental actions or orders, embargoes, strikes, the difference with workmen, fires, floods, accidents or transportation delays.
Terms: The terms provided on the proposal are binding. Failure to make the payment on structured terms may result in the delay of such a project. Terms identified as “To Be Determined” must be resolved between the Buyer and Chief before the initiation of an order.