Terms and Conditions of Sales
Unless otherwise stated in writing, the only
guarantee made by Ortco Inc. in connection with the sale of any of its products and for
which it is in any way liable is to replace such goods as prove to be defective when used
for the purpose for which it is manufactured, f.o.b., at point of delivery to the carrier
of goods being replaced, or allow credit for such goods at our option, provided that Ortco
Inc. is given written notice of such claimed defect as soon as it is discovered. All goods
are to be returned to Ortco Inc. transportation prepaid. Under no circumstances are we
responsible for any damage beyond the price of the goods. No damages or charges of any
kind either for labor, expenses or otherwise, suffered or incurred by the customer in
repairing or replacing defective goods, or occasioned by them will be allowed, Ortco Inc.
makes no warranty or representation of any kind, express, statutory or implied including
that of warranty of fitness or merchantability except that which is stated above.
Terms Of Payment:
All accounts are payable on demand. Unless otherwise
specifically stated on the invoice, terms of payment are net cash 30 days following the
date of the invoice. Boxing, cartage, freight insurance and handling are always net.
Interest will be charged at the rate of 1-1/2% per month after the 30th day following the
date of the invoice. In the event that the enforcement of the claim of
arising hereunder is placed in the hands of an attorney for collection, customer agrees to
pay all costs and attorney's fees of 25% of the invoice with a minimum charge of $100.00.
All prices subject to change without notice.
All tools and equipment are sold under the express
understanding that the use of said tools and equipment by any person, firm or corporation
whomsoever, is entirely at the risk of the user; and in said tools and equipment, Ortco
Inc. assumes no liability of any kind or character for any damages to any well, property
or person from the use of said tools and equipment caused by the manner of their use,
defect of the materials whether latent or patent, workmanship, assembling, or otherwise.
We exercise every precaution prevailing in our business to assure that our tools and
equipment are in good condition, but we do not guarantee them in any respect whatsoever,
and they are used entirely at the risk of the purchaser. Ortco Inc. shall not be
responsible for any loss, damage, or injury including death or like casualty to persons (
whether they be third persons, the purchaser, or its employees) and to the property (
whether it be that of the purchaser or the employees or third persons ) by reason of any
damage from any such tools and equipment or any part thereof by reason of any defects in
the manufacture or installation of said tools and equipment whether due to negligence of
Ortco Inc., or otherwise.
Cancellations, Claims And Returns:
Orders for products or
parts of special design, size or materials are not subject to cancellation.
Claims for shortage or reductions for erroneous charges must be presented within
thirty (30) days of receipt of products. No material will be taken back and
credited or replaced unless arrangements for such returns have been made in
Change Of Design:
Ortco Inc. reserves the right to change or modify the design
and construction of any of its products without incurring any obligation to furnish or
install such changes or modifications on products previously or subsequently sold.
Shipping Weight, Delivery And Insurance:
All weights listed in our catalog are approximate and unless
otherwise stated does not include boxing. Our responsibility ceases upon delivery to any
common carrier; and we do not, unless previously instructed insure shipments beyond the
point of delivery. In the event a customer desires insurance upon a shipment we will
endeavor to procure said insurance as nearly as possible in accordance with our customers
written instructions, but do solely as an accommodation to the customer and assume no
liability for the placing or effectiveness thereof in the event of any loss.
If under any law or government regulation now or hereafter
effected, the seller is required to pay or collect tax upon the property included in this
order or predicated upon, measured by or arising from the sale, transportation, delivery,
use or consumption of said property, directly or indirectly, the price to be paid by the
buyer hereunder shall be increased by the amount of any such tax which the buyer agrees to
pay as part of the purchase price.