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TERMS OF SALE The terms of the attached Limited Warranty are included in these Terms of Sale and are incorporated by reference herein. The following “Terms of Sale” forms as a part of the Cain Industries equipment proposal as attached herein. All proposed pricing is quoted F.O.B. factory. All pricing is quoted in U.S. currency. QUOTED DELIVERY TIME: Delivery times quoted are appropriate for various product lines, and based on condi- tions at the time of quotation. Cain Industries, Inc. will, in good faith, attempt to deliv- er the equipment within the time quoted. In no case shall Cain Industries, Inc. be liable for incidental or consequential damages resulting from failure to meet requested or quoted delivery schedules. Quoted delivery time is based from the date of receipt of an approved written purchase order including written authorization to proceed with fab- rication and the initial down payment if required, or from date of receipt of submittal drawings when required (less 10 working days). OFFER EXPIRATION: All offers expire 60 days from the quotation date unless otherwise stated and are sub- ject to cancellation by Cain Industries, Inc. at any time prior to the formal acceptance of our offer to furnish equipment quoted. SUBMITTAL DRAWINGS: Submittal drawings are issued 5-10 working days from receipt of written purchase order, when required by either Cain Industries and/or the Buyer, and must be returned (marked “Approved for Production”, signed, and dated) in order to initiate production. Production cannot begin until the approved submittal drawings are returned. SHIPMENT OF GOODS: Unless otherwise specifically agreed, all shipments are made F.O.B. Factory via "best way" and shipped freight collect. Cain Industries, Inc. responsibility ceases upon acceptance by the carrier. SHOULD GOODS BECOME LOST OR DAMAGED IN SHIPMENT, THE PURCHASER OR RECIPIENT OF THE GOODS MUST IMMEDI- ATELY NOTIFY AND PLACE CLAIM WITH THE CARRIER, ADVISE CAIN INDUS- TRIES, INC. OF ANY DAMAGE OR DISCREPANCY, AND OBTAIN AUTHORIZATION FOR RETURN OR REPLACEMENT. As a courtesy, Cain Industries, Inc. will assist in tracing and recovering lost goods and the collection of just claims, but cannot guaran- tee safe delivery. Loss or damage in shipment does not release the purchaser from payment of the total invoice. PAYMENT-ESTABLISHED ACCOUNTS: Payments for established accounts with a credit limit are due on or before the Net 30 days from date of invoice due date, and coinciding with shipment date and/or ‘ready for shipment date’. EXPEDITING: Expediting charges may be issued in order to improve delivery depending on the shorter delivery time required. Contact Cain Industries for pricing for the best possi- ble delivery. STORAGE: When the equipment is ready for shipment, it will be shipped to the ‘ship to’ address noted on the Sales Order, unless other wise indicated. Should there be a request to hold the equipment beyond the ‘ready for shipment date’, Cain will store the equipment for up to 30 days at no cost providing storage space is available. Contact Cain Industries for storage costs when equipment is expected to be stored for more than 30 days. If storage space is unavailable, the buyer agrees to make provisions to receive the equipment when it becomes ready for shipment. MINIMUM BILLING: The minimum order is $100.00, plus shipping costs. CREDIT LIMIT: Accounts over credit limit will be on a "Cash with Order" basis until account is brought to below "Credit Limit" status. Special circumstances may occur where credit limits may be adjusted for companies with past credit history satisfactory to Cain Industries, Inc. TAXES OR SURCHARGES: Quoted prices do not include sales, use, excise, occupation, processing transportation or other similar taxes which Cain Industries, Inc. may be required to pay or collect with respect to any of the quoted materials. Such taxes which are or may be incurred shall be paid by the purchaser. PAYMENT-NEW ACCOUNTS: An initial purchase order received from a new account shall require a 50% down pay- ment with the order, receipt of the completed credit application for immediate process- Bul. 25500 ing, and the balance due prior to shipment; or 30% with purchase order and receipt of the completed credit application (order will be held until credit limit has been established) in conjunction with credit limit and/or progress payment schedules. Allow a 3 week pro- cessing period to complete the credit check. PAYMENT-ORDERS OUTSIDE THE UNITED STATES: For purchase orders received wherein the the final installation and/or the Buyer is locat- ed outside the United States, payments shall be made according to the guide lines as set forth herein. It is recommended that a Letter of Credit be created and issued with the purchase order for immediate order processing. All costs associated with interna- tional payments such as but not limited to: proforma invoicing, letter of credit, agents of record processing, currency adjustments, tariffs and special taxes, etc. shall be the responsibility of the purchaser. All payments shall be made in U.S. currency and shall be paid in full prior to shipment outside the United States. SERVICE CHARGE: A 2% per month service charge will be assessed on all past due amounts. PROGRESS PAYMENT SCHEDULES: The following are payment schedules for orders exceeding credit limit: • For purchase orders of $25,000 to $50,000: -30% due with purchase order -30% due at 45 days from receipt of approval drawings -Balance due 30 days from shipment. • Over $50,000 or required for the ESG product orders: -15% due with purchase order -15% due with submittal approval drawings -30% due 45 days from receipt of approved submittal drawings -30% due prior to shipment -Balance due 30 days from shipment. CANCELLATION AND CHANGES: As many Cain Industries, Inc. products are manufactured and/or adjusted "to order", orders accepted and acknowledged by Cain Industries, Inc. are not subject to change or cancellation without prior consent of Cain Industries, Inc. Order quantity reductions or cancellations, if granted, will be subject to cancellation charges consistent with components "restockability versus made to order specifications" percent of production completion, etc. EQUIPMENT STARTUP & SERVICE: Pricing for equipment requiring startup or service: $1100 per day for installations located within the continental United States; $1300 per day for installations located in Canada; all other installation locations are quoted per application. Travel, lodging, and subsistence expenses are in addition. Startup can only be initiated upon receipt of completed Pre-Startup form. ESG & ESG1 boiler startups must be completed by authorized Cain personnel to allow the warranty to become effective, unless otherwise stated in a written agreement issued by Cain Industries to the Buyer. RETURN OF GOODS FOR WARRANTY REPAIR, REPLACEMENT, OR CREDIT: Authorization to return goods for any reason must be obtained from Cain Industries, Inc. prior to the return of the shipment being made. All items returned for repair, replacement or credit shall be returned freight prepaid. Freight collect shipments will not be accept- ed. A 30% "minimum" restocking charge will be made on all items returned for credit. Cancellation and/or restocking charges will apply to the balance of the order pending with a maximum of 90% as determined at the point of cancellation dependent on the work in process. Quantities shipped prior to the point of cancellation shall be issued an additional invoice for the difference in price breaks between the original quantity ordered and the total shipped up to the point of cancellation. PROPRIETARY DATA: All manufacturing drawings, specifications and technical material submitted by Cain Industries, Inc. are the property of Cain Industries, Inc. and are to be considered as con- fidential. Except for its original intent the submittal information supplied herein attached cannot be copied, transferred, or used in any way without the express written authori- zation from Cain Industries, Inc. LIMITATION OF REMEDIES: Cain’s liability is limited exclusively to its obligations under the attached Limited Warranty, the terms of which are incorporated by reference herein. Buyer agrees that in no event will Cain be liable for cost of processing, loss of profits, or any other conse- quential or incidental damages or cost of any kind resulting from the order and or use of its product, whether arising from breach of warranty, non-conformity to order specifica- tions, delay in delivery or any other loss sustained by buyer. Cain Industries, Inc. PO Box 189 Germantown, WI 53022 • USA • 262-251-0051 • 800-558-8690 • 262-251-0118 Fax • sales@cainind.com © 2011 Cain Industries, Inc.PDF Image | Powerhouse Exhaust Gas Waste Heat to Energy Project
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