Terms and Conditions of Sale
All sales of Hardinge Products are subject to the following Terms and Conditions of Sale.
1. Definitions. The word "Seller" as used herein shall mean Hardinge Inc. and the word "Buyer" shall mean the Party to whom the Hardinge Product is sold, collectively the "Parties". The term "Product" means new machines, parts, collets, feed fingers and any other new equipment sold by Seller.
2. Acceptance. All Contracts and orders are subject to final acceptance at the Home Office of the Seller at Elmira, New York.
The terms and conditions herein contained, any additional "Supplement to Terms and Conditions of Sale," and terms and conditions stated in the Seller's quotation shall constitute the only agreement between the Seller and the Buyer. Any terms and conditions originating with the Buyer are hereby expressly rejected and shall not become part of the contract between the Buyer and the Seller unless specifically accepted in writing by a duly authorized officer of the Seller. The Seller's quotation is made subject to prior sales to third parties. In any event, said quotation will become void if not accepted by the Buyer within 30 days from the date of the offer.
Seller reserves the right to hold shipment of telephone or oral orders until written confirmation has been received from Buyer. Buyer assumes full responsibility for inaccurate or incomplete data supplied on special orders.
3. Prices. All prices are subject to change without notice at any time and are based in part on the applicability of the Terms and Conditions set forth herein. Should the Buyer desire other or different terms, the prices may be adjusted accordingly.
Prices are F.O.B. point of shipment for equipment boxed, crated, or skidded for domestic shipment (export packing charges are extra). Prices are those in effect at the time the order is received at Seller's plant, Elmira, New York 14902-1507.
IF BUYER SHOULD DELAY SHIPMENT BEYOND ORIGINAL CONTRACT DATE, THE PRICES CHARGED WILL BE THOSE IN EFFECT AT THE TIME THE SHIPMENT IS MADE.
Seller reserves the right to cancel Buyer's order in the event that (a) any government price regulation, schedule or ceiling prescribes a price lower than Seller's price as established in the order acknowledgment, or in any way prevents Seller from purchasing or otherwise acquiring any commodity or service necessary to the performance of the order, or in any way prevents Seller from adjusting its prices when the cost of any such commodity or service is increased and, (b) in the event any major change in economic conditions renders Seller's performance unprofitable.
4. Taxes. Prices do not include any sales, use, excise, property or other such taxes that may be levied on the transaction by local, state, federal or foreign governments. Any taxes Seller is required to collect from Buyer will be added to the invoice or billed separately to the Buyer.
5. Terms of Payment-Domestic. Unless otherwise specified in the Seller's quotation, the terms of payment will be net cash thirty (30) days from date of invoice and are subject to credit approval by Seller's credit department. For machine orders, the terms of payment will be ten percent (10%) down upon receipt of the order by Seller with the balance due upon shipment from the Seller's facility. An additional down payment or progress payments, as determined by the Seller, may be required for certain orders.
In cases where shipment of a completed Product is delayed at request of Buyer, Seller reserves right to issue the final invoice for the Product as of the date it becomes ready for shipment. Late charges at the rate of 1.5% per month (18% annually) may be charged on past due accounts.
Foreign. Unless otherwise specified in the quotation and upon Seller's acceptance of the order, the terms of payment shall be as stated herein and through an irrevocable letter of credit, all payments to be made in United States Dollars. Letter o