American Tank Co., Inc. Standard Terms & Conditions of Sale
1. Price. The quoted price is for the listed equipment and services specified in this order, proposal or invoice. American Tank Company is not responsible for any site preparation, permits, installation, or other similar costs. Any equipment or services not specifically itemized in this order, proposal or invoice are not the responsibility of American Tank Company. The quoted price shall remain in effect for 30 days from the date of this proposal or invoice. If written acceptance of this proposal or invoice is not received within that time, this offer will become void and of no effect. Notwithstanding the above, American Tank Company reserves the right to revoke this offer at any time prior to receiving written acceptance of this proposal or invoice.
2. Payment Terms. Subject to the specific terms of this order, proposal or invoice, to which these terms and conditions are attached, payment in full is due and payable at the time of delivery. A service charge of 1.5% per month (18% annual) will be applied to all outstanding balances after 10 days from this date.
3. Changes. The terms and conditions of this order, proposal or invoice constitute the entire agreement between the parties. No term or condition in this order, proposal or invoice may be added to, modified, superseded or altered unless the change is agreed to in writing by American Tank Company. All shipments shall be deemed to have been made pursuant to the terms of this order, proposal or invoice and any terms and conditions which may be contained in a purchase order or other form used by buyer to accept this order, proposal or invoice shall be of no force or effect.
4. Cancellation. After acceptance of this order, proposal or invoice, buyer may only cancel this agreement by providing written notice ofcancellation prior to the time the equipment is shipped. In the event of a cancellation, buyer shall remain responsible for and agrees to pay to American Tank Company all amounts incurred for labor, material, engineering, administration, and overhead costs (including any cancellation charges charged by our vendors) up to and including the date that written notice of cancellation is received. No attempted cancellation will be effective after transportation of the shipment has begun. Notwithstanding the above, non−refundable deposits will not be refunded.
5. Shipment. Unless otherwise noted in this order, proposal or invoice, all shipments are F.O.B. point of shipment. Risk of loss and title pass to buyer at this point. Unless otherwise agreed to in writing, all costs related to off loading the shipment shall be the buyer’s responsibility.
6. Delay. American Tank Company will not be liable to buyer or any other person for any loss or damage which results from delay or failure to deliver all or a part of the equipment covered by this order, proposal or invoice in a reasonable manner or time, beyond the actual cost of procuring comparable replacement goods less the price of the equipment under this order, proposal or invoice. Notwithstanding the above, American Tank Company will not be liable in any measure if the cause of the delay or failure to deliver is beyond the reasonable control of American Tank Company, such as delay caused by acts of God, war, acts of the public enemy, civil disorder, riot, sabotage, governmental action or law or regulation, strikes or other labor problems, fire, flood, earthquake, severe weather, health and safety considerations, embargoes, transportation shortages or delays, fuel or material shortages, or failure of performance by a vendor or subcontractor. In the event of a delay beyond the control of American Tank Company, time for performance will be extended by the length of any such delay.
7. Warranty. ALL THE TANKS AND EQUIPMENT SOLD BY AMERICAN TANK COMPANY CARRY THE ORIGINAL MANUFACTURER'S LIMITED WARRANTY AGAINST DEFECTS IN MATERIAL AND WORKMANSHIP. AMERICAN TANK COMPANY DOES NOT ITSELF WARRANT THE TANKS AND EQUIPMENT AND THE PURCHASER'S SOLE RECOURSE IS WITH THE ORIGINAL MANUFACTURER. THE TERMS OF THE ORIGINAL MANUFACTURER'S WARRANTY WILL BE MADE AVAILABLE UPON REQUEST. AMERICAN TANK COMPANY SPECIFICALLY EXCLUDES ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL AMERICAN TANK COMPANY BE LIABLE IN CONTRACT OR TORT FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE. IN NO EVENT SHALL AMERICAN TANK COMPANY'S LIABILITY EXCEED THE RETURN OF THE PURCHASE PRICE PAID BY THE PURCHASER.
8. Warranty Claims. In the unlikely event any tank or equipment proves to be defective, American Tank Company will make a reasonable effort to assist the buyer in receiving full satisfaction from the product manufacturer under the terms of the manufacturer’s warranty. Under most manufacturers’ warranties, buyer’s rights will be limited to a repair or replacement part F.O.B. original point of shipment. To ensure that buyer’s manufacturer’s warranty rights are protected, buyer must notify American Tank Company of any defect within 10 days of its discovery.
Buyer’s manufacturer’s warranty rights will be lost if buyer:
(a) Fails to operate or maintain the equipment in accordance with generally accepted industry practice; or
(b) Fails to operate or maintain the equipment in accordance with instructions from American Tank Company or the manufacturer; or
(c) Fails to give written notice to American Tank Company within 10 days from discovery of defect; or
(d) The tank or equipment has been altered or repaired by someone other than American Tank Company or an authorized manufacturer’s representative.
9. Waiver. The waiver by American Tank Company of any term or condition of this agreement shall not be a waiver of any other term or condition. Any such waiver shall not be deemed a waiver of any subsequent breach of the same term or condition, nor shall such waiver be deemed a waiver of any term or condition in any subsequent agreement.
10. Entire Agreement. This order, proposal or invoice, together with any written documents which may be incorporated by specific reference, constitutes the entire agreement between the parties and supersedes all previous communications between buyer and American Tank Company.
11. Attorneys Fees. The prevailing party in any action to enforce any of the terms of this agreement shall, in addition to any other rights or judgments, be entitled to recover its attorneys fees and court costs.
12. Governing Law. California law shall govern the interpretation of this agreement and enforcement of its terms and conditions. The parties agree that venue for any lawsuit or claim hereunder shall be in the Superior or Municipal Courts of Sonoma County, California.