ASSA Standard Terms & Conditions
TWIN
Standard Terms & Conditions of Sale
account has been assigned to the credit department, no Order may be taken, entered or shipped without approval from the credit manager. Buyer hereby grants ASSA a purchase money security interest in each Product and agrees to cooperate with ASSA in protecting such interest.
6. Insurance
6.1 Insurance Coverage
Buyer shall procure and maintain, at its expense, the following types of insurance from an insurer acceptable to ASSA, in the amounts at least equal to those specified below, with deductibles not in excess of $100.00. ASSA shall not be required to supply Products to Buyer at any time that the insurance coverage provided for herein is not in full force and effect.
6.2 Certificates
Buyer shall, within fifteen (15) days from the date hereof, furnish ASSA with a certificate of insurance issued by the insurance company or companies issuing the insurance policies required hereby. Such certificates shall provide that written notices shall be given to ASSA at its address specified herein at least
7. Warranties and Limitation of Liability
7.1 Warranty
ASSA represents and warrants the Products against defective material and faulty workmanship for a period of one year after the date of delivery [and warrants the finish to meet quality standards at the time of delivery]. This warranty expressly does not apply to faulty product operation due to: (a) improper installation; (b) the use of any keys, cylinder pins or other accessories not expressly approved by ASSA; or (c) failure to provide reasonable maintenance.
7.2 Limitation of Liability
ASSA’s liability under this warranty shall be limited solely to the repair or replacement of the Products, or parts thereof, or refund to the Buyer of the purchase price thereof. ASSA shall not be responsible for any defect or
loss of use of the Products, delays, or claims of customers of the Buyer or other third parties for such other damages. ASSA’s liability on all claims, whether in contract, warranty, negligence, tort, strict liability or otherwise for any loss or damage arising out of, or connected with an Order or the performance or breach thereof, or from the design, manufacture, sale, or delivery shall in no case exceed the purchase price of the Product.
7.3 No Other Warranties
EXCEPT AS EXPRESSLY SET FORTH IN SECTION 7.1, ASSA MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AT LAW OR IN EQUITY, WITH RESPECT TO THE PRODUCTS OR THEIR CHARACTERISTICS, QUALITY OR PERFORMANCE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
APARTICULAR PURPOSE, OR
8. Claims
Buyer must notify ASSA of any claim [for adjustment] in writing at ASSA’s address specified herein within thirty
(30)days after the date of the invoice in question. Buyer must notify ASSA of any claim for shortages or incorrectly filled Orders in writing within ten (10) days after receipt of shipment. Under no circumstances will ASSA be responsible for any charges for labor or material incurred by others without the prior written consent of ASSA.
9. Indemnity
9.1 Personal Injury and Property Damage
Buyer shall indemnify ASSA and hold ASSA harmless against all claims, liability, loss or other damages (including ASSA’s legal expenses) to all persons for injury of any nature, including, without limitation, sickness, and/or death, and for property damage caused by any Product or part thereof after the time of delivery of such Product or after such Product other- wise leaves the possession or control of ASSA.
9.2 Compliance with Law
Buyer agrees: (a) to fully comply with all applicable federal, state and local laws, rules, regulations and guidelines, including without limitation, all applicable regulations and guidelines promulgated, from time to time, by Federal and state environmental and trans- portation officials, and (b) to indemnify and hold harmless ASSA from and against all claims, liability, loss
An ASSA ABLOY Group company | 7 |
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