Products
Browse Categories

Terms and Conditions of American Waterjet Products, LLC

These terms and conditions constitute the entire agreement between the parties hereto and supersedes all previous communications, representations or agreements, either verbal or written, between the parties hereto with respect to the subject matter hereof.

These terms and conditions apply to all sales or provision of services by AWP whether by purchase order or otherwise. Acceptance by AWP of any order or request for services is expressly limited to the terms and conditions set forth below. Any different or additional terms and conditions proposed in a purchase order or otherwise are hereby rejected by AWP and shall not be incorporated into this agreement.

No one except a duly authorized officer of AWP may modify the terms hereof and any modification must be in a writing signed by such duly authorized officer. If these terms are not acceptable, you should notify AWP at once.

Prices

Unless otherwise stated in the acknowledgment, prices are “ex works AWP facility”, exclusive of freight, customs duty, and ancillary import charges. Customer will pay all taxes due on any order, including, but not limited to, sales, use, and excise or any direct or indirect tax of a similar nature of federal, state, county, or municipal origin. If AWP is required to collect and/or pay such taxes, Customer shall reimburse AWP for the full amount. AWP is not bound to previous prices in the case of new orders, including follow up orders.

Obligation to Deliver and Obligation to Take Delivery

AWP agrees only to sell the quantity of goods set forth in Customer’s purchase order, or purchases made through the AWP Ecommerce website. Changes requested by Customer in quantities, specifications, or delivery schedules may only be made with the written consent of AWP.  Any change requested by Customer and consented to by AWP which causes an increase in AWP’s costs hereunder or in the time required for performance will result in an equitable adjustment in the pricing. Delivery will be made on or about the date indicated in AWP’s acknowledgement, provided that the following have been received: (i) all documents necessary for carrying out the order, (ii) an advance payment, if required, and (iii) the on time supply of materials, to the extent required.

Notwithstanding the foregoing, AWP cannot be responsible for delays due to any cause beyond its control, including, but not restricted to, acts of God, war, acts of the enemy, hostilities, civil commotion or sabotage, acts of Government, fires, floods, explosion or other catastrophes, accidents, epidemics, quarantine restrictions, differences with workmen, embargos or other transportation delays of any kind, inability to obtain fuel or other material, delays incurred by AWP’s suppliers due to such causes, or communication failures due to bandwidth congestion, viruses, unauthorized access, power failures, or similar causes. Any such causes of delay, even though existent on the date of AWP’s acknowledgement, shall extend the time of AWP’s performance by a period or periods equivalent to the delays so occasioned and to such further extent as may be necessary to enable AWP to make delivery by the exercise of reasonable diligence in view of the circumstances existing after such causes of delay have been removed.

Warranty and Liability for Defects

Except as otherwise specifically provided in writing, AWP warrants only that the goods sold shall conform to AWP’s standard specifications or such other mutually agreed-­‐to and documented specifications. This express warranty is in lieu of and excludes all other express warranties and is extended only to Customer. AWP EXPRESSLYDISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND MAKES NO WARRANTY AS TO THE FUNCTIONALITY OF THE GOODS OR THE RESULTS CUSTOMER CAN EXPECT FROM CUSTOMER’S USE OF THE GOODS.

Warranty Terms

Main Control Panel: 2 years – From AWP.  PMDI Controller Card: 2 years – From AWP. All other components or parts carry the Manufacturer’s warranty only.  Replacement of components or parts are at the manufacturer’s discretion.  Warranties include replacement of parts only. Does not include shipping costs, travel expense or labor. Warranty is for failure of the part due to components or workmanship. Physical abuse, external damage and catastrophic incidents, such as electrical power surge, is not covered. Warranty replacement may require the purchase of a new component, return of the failed component and factory evaluation prior to warranty credit.

Warranty years are expressed as hours of use for one shift per day.  A day is defined as an eight hour shift.  Thus, one year warranty equates to 2080 hours of runtime, per year.  Equipment run multiple shifts requires acquisition of additional warranty. Customer responsibility to notify AWP of the intention to conduct multiple shift use for additional warranty.

Returns of Purchased Parts

AWP must be notified of any defect within ten (10) business days of receipt of goods. All return requests must be submitted to AWP within sixty (60) days of receipt of goods. Returns will not be accepted without a "Return Authorization Number". All returns must be received by AWP within thirty (30) days of a Return Authorization Number issuance date. Returns are subject to a minimum restocking fee of fifty (50) %.

Service/Field Calls

Service date commitments based upon date of received initial payment.  All service calls are subject to prior commitments. 

General Limitations of Liability

In all events, AWP’s liability to Customer is expressly limited to the replacement or repair of defective goods at its option. Customer shall have no remedies other than those stated above. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL AWP BE LIABLE FOR CONSEQUENTIAL DAMAGES OF ANY KIND.

Terms of Payment

Unless otherwise agreed to in writing, and signed by an authorized officer of the company, payment is due based upon terms of quote or terms as described by AWP.  AWP reserves the right to refuse checks or bills of exchange. If terms of payment are not observed, or AWP, in its reasonable discretion, has serious doubts about the credit worthiness of Customer, all amounts due to AWP from Customer shall become immediately payable. AWP’s rights under this section shall be in addition to all other rights and remedies available to AWP upon Customer’s default.   If payment is not made in accordance with said terms of payment, Customer shall pay to AWP all reasonable costs of collection, including reasonable attorney’s fees incurred by AWP in collecting sums due on account of the sale. In the event that payment is not made when due, AWP reserves the right to charge interest on the overdue payment: interest shall be due at the rate of one and one half percent per month.

Customer Indemnification

Customer shall defend, indemnify and hold harmless AWP and its employees and agents against all sums, costs, liabilities, losses, obligations, suits, actions, damages, penalties, fines, interest and other expenses (including reasonable attorney’s fees) that AWP may incur that result from (i) Customer’s ownership, maintenance, transfer, transportation or disposal of the goods sold hereunder, (ii) Customer’s use of the goods sold hereunder, (iii) Customer’s failure to test the goods or assure itself that the goods are fit for Customer’s intended purpose, (iv) any infringement or alleged infringement of the intellectual property rights of others arising from Customer’s specifications, and (v) Customer’s violation or alleged violation of any federal, state, county or local laws or regulations, including without limitation, the laws and regulations governing product safety, labeling, packaging and labor practices.

Industrial and Intellectual Property Rights

AWP retains exclusive rights in and to any proprietary information, data and materials related to the goods sold hereunder, as well as the rights to all discoveries, inventions, patents and other proprietary rights that AWP may develop in the course of manufacturing the goods. Customer shall not “reverse engineer” any goods sold by AWP or otherwise attempt to obtain any proprietary rights of AWP.

No Waiver

Any concession or indulgence made by AWP or its failure to insist on performance of any of these terms and conditions shall not be considered a waiver of any other terms, whether the same or similar. No waiver by AWP of any default or provision hereof shall be deemed a waiver of any subsequent default or provision.
Governing Law

The terms and conditions shall be deemed to have been made in and shall be governed by the laws of the State of Texas. Any legal action shall be resolved in the courts of the State of Texas.

Severability

If any provision of this Agreement, or parts thereof, shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Confidential American Waterjet Products, LLC