STANDARD TERMS AND CONDITIONS OF SALE
1. Acceptance . All quotations offered by Liber and subsidiaries (referred to as Liber) are subject to acceptance within thirty (30) days from the quoted date.
2. Payment Terms . Subject to Liber credit approval, Liber’s payment terms are Net-30 Days from date of invoice. Liber will add a 3% surcharge to credit card payments. Liber may approve different credit terms for all orders or an order as required according to risk.
3. Cancellation or Termination . The Buyer, only upon payment of reasonable cancellation charges related to expenses already incurred and/or commitments made by Liber, may cancel any order placed with Liber. Cancellations charges for completed projects are 100%. No termination by Buyer for default shall be effective unless and until Liber shall have failed to correct such alleged fault within sixty (60) days after receipt by Liber of written notice specifying such default. Liber further reserves the right to fabricate ahead of the shipping schedule whenever it is deemed necessary and upon notification to Buyer. Such advance fabrication shall not void Buyer's responsibility for cancellation charges.
4. Alterations . No alterations in specifications, either for total quantity, quantity per delivery, or other details may be made without written consent of Liber and readjustment of price and estimated delivery.
5. Taxes . In addition to the prices stated in the quote, Buyer shall reimburse Liber for any excise, sales or use tax incident to this transaction for which Liber may be liable or compelled to collect.
6. Shipping Dates . Any shipment date provided in the quote is approximate and is estimated based on the advised lead-times provided by the manufacturer(s) of the equipment quoted . Upon receipt of a Purchase Order from Buyer, along with complete specifications and drawings approval, if required, and after receipt of Liber’s Purchase Order to the manufacturer the estimated delivery will again be advised by the manufacturer to Liber and Liber will update Buyer on the new estimated delivery. Liber shall not be liable for any loss or damage for delay or non-delivery due to the acts of civil or military authority, acts of the Buyer or by reason of Force Majeure, which shall be deemed to mean all other causes whatsoever not reasonably within the control of Liber, including, but not limited to Acts of God, war, riots or insurrection, blockades, embargoes, sabotage, epidemics, fires, strikes, lockouts or other industrial disturbances, delays of carriers, the inability to secure materials, labor shortages or manufacturing delays. Any delay resulting from any such cause shall extend shipping dates correspondingly. Liber shall in no event be liable for any special, direct or indirect or consequential damages arising from delay(s) irrespective of the reason.
7. Indemnity . Buyer agrees that it will indemnify and hold harmless Liber, its officers, agents and employees, from and against any and all claims, losses, damages, causes of action, suits and liabilities of every kind, including all expenses of litigation, court costs and attorney's fees, forfeiture of an oil, gas or mineral lease, damage to a producing reservoir or lease operations of lost production, arising out of, or in any way connected with the failure of, or the operation of the equipment sold by Liber, unless Liber is proven in court to be 100% solely negligence in its responsibilities.
8. Consequential Damages and Other Charges . Liber will not be responsible or liable for any special, direct, indirect or consequential damages or for any operational interruptions or delays, production loss, or other damages or claims of whatever kind caused by or arising out of the fabrication, manufacture, sale, delivery, installation, use, breakage or performance of equipment sold or any part thereof, except only to the extent and in the manner set out in Item 12 below having to do with warranty.
9. Performance Guarantee . Performance is subject to manufacturer's guarantees for horsepower and capacities and is subject to de-rating for actual site conditions.
10. Comments and Exceptions . When Buyer’s specifications are attached to or referenced in an invitation to quote, Liber makes a thorough and sincere effort to review these and provide a quote based on Liber’s interpretation of the Buyer’s specification. Liber’s quote will clearly state what is included and what our interpretation is of Buyer’s requirements. It is the Buyer’s responsibility to review Liber’s quote carefully and advise Liber of any discrepancies between Buyer’s specification and Liber’s quote. Liber’s quote constitutes Liber’s total offer and only those items; procedures, scope and content clearly stated in the quote are included and Liber makes no guarantee that the products quoted will meet the Buyer’s specifications.
11. Structural, Current-Pulsation, Vibration, Torsional, Transport Studies . When requested by the Buyer, Liber will arrange for a third party analysis of the quoted fabricated equipment systems or components. Any changes or modifications to the original design, which result from these analyses are considered outside the scope of the original quote and will be charged at Liber’s published rates for engineering, material, labor and necessary supervision in effect at that time.
12. Warranty . Liber warrants that the equipment of its own fabrication shall be free from defects in design, material, workmanship and title, under normal use, service, and operating conditions, for the period of one (1) year from date of start-up or commissioning or eighteen (18) months from date of shipment. Liber’s exclusive remedy for breach of this warranty shall be repair or replacement of any defective parts packaged by Liber, EXW warehouse in Pennsylvania or El Paso, Texas. Accessories or equipment furnished by Liber, but manufactured by others, shall carry that manufacturer’s warranty, which will be passed-on to Buyer. Liber shall not be liable for any repairs, replacements, or adjustments to the equipment or any costs of labor performed by the Buyer or others without Liber’s prior written approval. Liber will serve the Buyer by acting as Buyer’s representative in regard to warranty claims for items not manufactured by Liber. However, warranty in all cases is limited to the manufacturers’ warranty. Any part(s) found to be defective will be replaced subject to each manufacturers’ respective warranty policy, which Liber will administer. Any part(s) replaced that are not subsequently found to be defective by the manufacturer will be charged to the Buyer. Warranty labor for replacement or repair is on site only. Buyer is responsible for travel time, transportation and expenses to and from the closest Liber location to the location of the subjected equipment. Should Liber travel to the location and find that the cause is not warrantable, all expenses incurred by Liber, to include labor, will be billed to the Buyer. Liber will not be responsible for crane, barge, or special transportation charges associated with warranty repairs.
13. Literature . Liber will provide upon request the manufacturers standard literature. This includes Spec Sheets, Bill of Materials, Drawings, Operation and Maintenance Manuals and/or Factory Test Reports. Liber takes exception to all specification requirements & requests for non-standard factory literature.
14. Hours of Operation . This bid assumes all work will be done during normal business hours. Normal hours of operation for Liber are 8 am – 5 pm Monday-Friday.
15. Shipping Dates . Any shipment date given herein is approximate and is estimated from the date of receipt of order with complete specifications, approvals and acceptance of Credit Application with Contractor & Job bonding information. Liber shall not be liable for any loss or damage for delay or non-delivery due to the acts of civil or military authority, acts of the Purchaser or by reasons of force majeure, which shall be deemed to mean all other causes whatsoever not reasonably in the control of Liber, including, but not limited to acts of God, war riots, or insurrection, blockades, embargoes, sabotage, epidemics, fires, strikes, lockouts or other industrial disturbances, delays of carriers, inability to secure materials, labor or manufacturing facilities. Any delay resulting from such causes shall extend delivery dates correspondingly. Liber shall in no event be liable for any special, indirect or consequential damages arising from delay irrespective of the reason therefore, and receipt by the Purchaser shall constitute acceptance of delivery and waiver of any claims due to delay.