AB-QM Valves General Conditions for Sale and Warranty
The acceptance of the order confirmation by the purchaser includes the acceptance of our “General Conditions of Sale and Warranty” as the only ruling condition. No modification of these conditions will be recognized by Danfoss. Any express or implied condition, statement or warranty, statutory or otherwise - not stated herein is excluded.
The international rules for the interpretation of trade terms “Incoterms” shall apply to the commercial terms used herein.
CONFIRMATION OF ORDER:
Danfoss shall not be deemed to have accepted an order until written confirmation of the order from Danfoss is dispatched to the prospective purchaser. Quotations, pro forma invoices and the like, shall be subject to confirmation by Danfoss.
TERMS OF DELIVERY
At Danfoss’ option, the goods can be delivered from any of the Danfoss factories, subsidiaries, or affiliated companies in or outside North America. Failing special instructions, the goods will be dispatched in the way which Danfoss deems best without guaranteeing this to be the cheapest way of transport.
Danfoss reserves the right to adjust accepted prices in the event of alterations in rates of exchange, variations in costs of materials, changes in wages, interference on the part of the Government or similar conditions over which Danfoss has no control.
Disposable packing is included in the price and will not be credited if returned. Reusable packing is not included in the price and shall be returned in accordance with Danfoss’ instructions at purchaser’s expense.
Goods are shipped EXW Danfoss Warehouse North America. Danfoss shall not be responsible for loss or damage incurred during transportation.
TERMS OF PAYMENT
Where payment is not received when due, an interest rate of 10% per annum over and above the actual total back charge will be payable. This rate of interest will also be used in cases where an extension of the period of credit has been granted. The purchaser shall not be allowed to retain payments, or to settle debts by setting off same against possible counterclaims, disputed by Danfoss, or to reduce the invoiced price.
TRANSFER OF OWNERSHIP
Until full payment for the goods has been received by Danfoss, the goods shall remain the property of Danfoss and shall not be pawned or pledged in any way.
TIME OF DELIVERY
Time of delivery is stated approximately. Danfoss shall not be liable for any delay due to causes beyond Danfoss’ control, including but not restricted to strikes, lockouts, labour disturbances or the like, or in consequence of extraordinary measures on the part of government, hindrances to transportation including ice or other transport difficulties, delayed, incomplete or defective delivery of material ordered in due time from sub-suppliers, failing supply of electricity and similar obstacles to production, fire or workshop accidents at own factories or at sub-suppliers.
The information and technical data contained in catalogues, leaflets and other written material constitutes an approximate guide only. No responsibility for errors or wrong interpretation can be placed on Danfoss. The purchaser cannot claim any rights based on this material. Such reservation shall also apply to suggestions, advice and other services rendered to customers, including installation and servicing instruction for the product delivered.
Danfoss reserves the right to make alterations to their products without notice, also to products already placed on order.
All Danfoss AB-QM™ products shipped to a location within the United States, Mexico, and Canada carry a 5 year warranty. The warranty shall cease to be valid if the product is repaired or altered without the consent of Danfoss, applied for purposes for which it is not designed or installed and applied contrary to the instructions given by Danfoss. Expenses in connection with dismantling and mounting shall not be paid by Danfoss. If defects occur while under warranty, the product shall be forwarded to Danfoss, insurance and freight paid. A description of the reason for returning the product shall be enclosed. Products returned shall be free of extraneous equipment. Products repaired under warranty will be returned to the purchaser, freight paid by Danfoss.
Parts which have been replaced shall be the property of Danfoss. Any other liabilities are not accepted. Guarantee for products not of Danfoss’ own manufacture is only given to the same extent as given to Danfoss, however, not exceeding the normal Danfoss warranty.
Danfoss shall not be held responsible for any indirect or consequential damage e.g. damages to person or property, consequential loss, including loss of production, loss of profit, loss on goods in store or the like, which might arise out of defects and/or delay in delivery of the products sold, irrespective of the cause, including faulty manufacture, design of material.
NOTICE OF CLAIMS
Any claim or complaint as to defects and/or delay in delivery of the products shall be submitted in writing by the purchaser to Danfoss immediately.