Terms & Conditions

TERMS & CONDITIONS OF SALE

PRICE:  All prices are subject to change without notice and are not guaranteed, except that prices for an order that have been accepted by Fluid Power Exchange, Inc. and/or its affiliates (“Seller”) are not subject to change after acceptance.

ORDERS AND ACKNOWLEDGEMENTS:  Seller reserves the right to refuse orders which may be submitted to it and will not be bound to fill any orders unless or until they have been accepted by Seller.

ORDER CHANGES:  Any Buyer requested changes to an existing order may result in a new scheduled ship date for that order.

SHIPMENTS:  Prices and deliveries of products are Ex Works Seller’s facility. Upon delivery of shipments to the carrier, title to, and the risk of loss or damage in transit for, such shipments passes to Buyer.

CLAIMS:  Claims on prices must be submitted within seven (7) days from the date of Seller’s invoice. Claims on errors in shipments must be submitted within seven (7) days from the date of delivery of the products.

RETURNS:  No products are to be returned to Seller without prior approval from Seller.

CANCELLATIONS:  Cancellation of orders or any portion thereof will be allowed only with Seller’s prior written consent and the payment of such cancellation charges as Seller may determine.

WARRANTY:  As a distributor of products manufactured by others, Seller extends to Buyer any and all assignable warranties from the manufacturer of the product. Seller makes no warranties beyond those extended by the respective manufacturers.

LIMITATION OF WARRANTY:  EXCEPT FOR THE WARRANTY SET FORTH ABOVE, SELLER MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS.

LIMITATION OF LIABILITY:  SELLER SHALL NOT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION LOSSES) AS A RESULT OF THIS AGREEMENT (OR THE BREACH HEREOF) OR SUCH DAMAGES SUFFERED BY ANY PURCHASER OR END USER OF ANY PRODUCTS, WHETHER ARISING IN TORT, CONTRACT OR OTHERWISE.