GIN POLE WARRANTY
The design and application information contained in this catalog is for illustration only. Responsibility for the application of the Gin Pole Warranty products contained in this web site catalog rests solely with the equipment user. In spite of our best efforts, the material contained in this gin pole catalog may contain inaccuracies and typographical errors.
The use of any part, such as those described in this web site reference Gin Poles may be hazardous and have the potential to cause serious injury, including death, to people or property. The purchaser is responsible for evaluating the hazards associated with any part used in their application. The purchaser is responsible to obtain the proper training and work plans prior to use. Comply with all OSHA regulations.
Landa Mobile Systems LLC Standard Terms and Conditions of Sale of Gin Poles
1) Scope. Prices quoted are for acceptance within thirty (30) days from date of quotation unless otherwise stated. The terms and conditions of sale set forth below apply to all quotations made and purchase orders accepted by Seller.
2) Acceptance of Orders. All orders are subject to acceptance by authorized officials at Seller’s division or subsidiary offices. All sales are made in accordance with these terms and conditions of sale. Any other document containing additional or different terms and conditions, or any attempt to vary these terms and conditions, shall be deemed a material alteration or modification hereof and all sales
3)Delivery and Transportation. Seller’s delivery dates are approximate. Seller shall not be liable for delays in delivery or other defaults in the performance of this order arising out of causes beyond Seller’s control. Unless otherwise agreed to in writing by Seller, delivery of the products hereunder shall be made F.O.B. at the point of shipment with delivery to the initial carrier to constitute delivery to the Buyer. Title to products passes to Buyer and products are at risk to Buyer from and after delivery to the initial carrier. Transportation expenses will be paid by the Buyer and risk of loss, shortage, delay or damage to products in transit shall fall upon Buyer, whose responsibility it shall be to file claims with the carrier.
4) Terms of Payment. Invoices are due and payable prior to shipment unless otherwise contracted. A 1-1/2% (one-and-a-half percent) carrying charge will be applied to all past due amounts. If shipments are delayed by Buyer, payments shall become due on the date when Seller is prepared to make shipment. If the work covered by the purchase order is delayed by Buyer, payments shall be made based on the purchase price and the percentage of completion. Seller reserves the right to ship to its order and make collection by sight draft with bill of lading attached.
5) Taxes. Prices do not include foreign or domestic sales, use, excise or similar taxes. Consequently, in addition to the prices specified herein, the amount of any present or future sales, use, excise or other general or specific tax, or imports, duties or penalties or other governmental charges fixed or imposed by any lawful authority(s) upon or applicable to the production, sale, shipment, delivery or use of the products sold hereunder shall be added to the price and be paid by Buyer or, in lieu thereof, Buyer shall provide Seller with a tax exemption certificate acceptable to the taxing authorities. If such tax is paid by Seller, Buyer shall reimburse Seller upon presentation of invoice.
6) Warranty. Seller warrants the products manufactured by it to be free from defects in material and workmanship only. The extent of Seller’s obligation hereunder is to either repair or replace its work or the defective products, F.O.B. Seller’s plant. There is no other warranty, expressed or implied, in fact, or by law. THE FOREGOING STATES THE SOLE AND EXCLUSIVE WARRANTY OF BUYER AND THE SOLE AND EXCLUSIVE WARRANTY OF SELLER. THE WARRANTIES STATED IN THIS PARAGRAPH ARE IN LIEU OF ALL OTHER WARRANTIES WRITTEN OR VERBAL, STATUTORY, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY DISCLAIMED.
Seller’s agreement to sell the products is made upon the condition and agreement that, with respect to the products, there have been no representations or undertakings made by or on behalf of Seller and Seller makes no guarantees or warranties, expressed or implied, in fact, or in law, except as expressly stated above. Limitation of Liability. Seller shall not be responsible, obligated, or liable for any injury or damage resulting from an application or use of its products, either singly or in combination with other products.
SELLER’S SOLE LIABILITY FOR BREACH OF WARRANTY OR ANY OTHER CLAIM SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCTS OR RETURN OF THE PURCHASE PRICE, AT SELLER’S SOLE OPTION. SELLER SHALL NOT BE LIABLE FOR DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCTS OR ARISING OUT OF ACCEPTANCE OF THIS ORDER.
7) Acceptance of Products. Products will be deemed accepted without any claim by Buyer unless written notice of non-acceptance is received by Seller within thirty (30) days of delivery if shipped F.O.B. point of shipment or ten (10) days of delivery if shipped F.O.B. point of destination. Such written notice shall not be considered received by Seller unless it is accompanied by all freight bills for such shipment, with agent’s notations as to damages, shortages, and conditions of equipment, containers, and seals. Non-accepted products are subject to the return policy stated below.
8) Return of Products. No product may be returned to Seller without Seller’s prior written permission, which permission may be withheld by Seller in its sole discretion.
9) Damages to Returned Products. If Buyer elects to return the product(s) to Seller for refurbishment, Buyer agrees to accept all risk of damage or destruction of such returned product(s), and Seller shall not be liable for any failure or inability on the part of Seller to complete refurbishment upon any such returned products.
10) Limitations of Actions. Irrespective of whether Seller agreed to perform field start-up or any other service after the delivery of the product, all claims or actions must be brought within one (1) year of date of tender of delivery, or eighteen (18) months of Buyer’s order, if no tender of delivery is made, notwithstanding any statutory period of limitation to the contrary.
11) Patents. Buyer shall hold Seller harmless and Seller does not convey any license by implication, estoppel, or otherwise under patent claims covering combinations of these products or parts with other devices or elements.
12) Reasonable Attorneys’ Fees. In the event suit or other proceeding shall be brought for the recovery of the purchase price, or any unpaid balance or the breach by Buyer of any term of the agreement between Seller and Buyer, Buyer shall pay to Seller, in addition to any damages provided by law, reasonable attorneys’ fees and costs of collection.
13) Security Title. Security title and right of possession of the products sold hereunder shall remain with Seller until all payments due from Buyer to Seller (including deferred payments whether evidenced by notes or otherwise) shall have been made in cash and Buyer agrees to do all acts necessary to perfect and maintain such security right and title in Seller.
14) Cancellations. Buyer may cancel an order only upon written consent and upon payment to Seller of cancellation charges, which shall take into account among other things expenses incurred and commitments already made by Seller, and Seller’s profit margin.
(a) The gin pole warranty agreement between Buyer and Seller and matters connected with the performance thereof shall be construed in accordance with and governed by the law of the State of Seller’s accepting offices, as referenced in Section 2, as though it were executed and performed entirely within the State of Seller’s accepting offices, as referenced in Section 2, and shall be construed to be between merchants.
(b) Any assignment of the agreement between Buyer and Seller or any rights or obligation of the agreement by Buyer without the written consent of Seller shall be void.
(c) Except as may be expressly provided to the contrary in writing, the provisions of the agreement between Buyer and Seller are for the benefit of the parties hereto and not for any other person.
(d) No waiver by Seller of any breach of any provision of the agreement between Buyer and Seller will constitute a waiver of any other breach.
(e) The terms and conditions set forth above contain all the representations, stipulations, warranties, agreements and understandings with respect to the subject matter of the agreement between Buyer and Seller, and its execution has not been induced by any representation, stipulation, warranty, agreement or understanding (including any course of prior dealings between the parties hereto) of any kind other than those set forth above.
(f) No amendment, addition to, alteration, modification or waiver of all or part of the agreement between Buyer and Seller shall be of any force or effect unless in writing and signed by Seller. If the terms and conditions set forth above conflict with those of any purchase order of Buyer written in connection with the sale of the products or any portion thereof, then the terms set forth above shall govern.
16) Arbitration. Any controversy or claim arising out of or relating to the agreement between Buyer and Seller, or the breach thereof, shall be settled in the City and State of the Seller’s accepting offices, as referenced in Section 2, by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
17) Lost document replacement will be available for purchase to registered clients, as well as new load chart revisions as regulations are changed
18) TIA/EIA standards and Publications shall not in any respect preclude any member or nonmember of TIA/EIA from manufacturing or selling products not conforming to such Standards and Publications. ANSI/TIA/EIA-568-B.1-2001
FAILURE OF, OR IMPROPER SELECTION OF, OR IMPROPER USE OF THE LANDA GIN POLE PRODUCTS DESCRIBED HEREIN OR RELATED ITEMS CAN CAUSE DEATH, PERSONAL INJURY, AND PROPERTY DAMAGE, AND VOIDING GIN POLE WARRANTY.
NO GIN POLE WARRANTY COVERAGE OR LIABILITY WHEN POLE IS NOT IN CURRENT INSPECTION (ANNUAL) WITH A CURRENT LANDA INSPECTION CERTIFICATION REPORT SIGN-OFF.
This document and other information from Landa Mobile Systems LLC and authorized distributors provide product or system options for further investigation by users having technical expertise. Before you select or use any product or system, it is important that you analyze all aspects of your application and review the information concerning the product in the current product catalog. The user, through its own analysis and testing, is solely responsible for making the final selection of the product or system and assuring that all performance, safety and warning requirements of the application are met.
The products and systems described herein, including without limitation, product features, specifications, designs, availability, and pricing, are subject to change by Landa Mobile Systems at any time without notice.