All sales by Printco
shall be subject to the following terms and conditions:
- Prices: All prices are valid
for thirty (30) calendar days from date issued.
- Payment: All non-service
orders shall be paid as follows:
Thirty percent (30%) down payment with your
order, thirty percent (30%) after engineering
release and acceptance of engineering drawings
by the customer, thirty percent (30%) at time
of acceptance of machine in our plant by the
customer, and the remaining ten percent (10%)
to be paid net cash thirty (30) days after shipment
of machine. All prices in U.S. currency.
- Acceptance: No sale shall
be binding upon Printco until accepted by Printco
at its office in the town of Pulaski, WI. No
accepted order may be altered or modified by
the purchaser unless both the item and any price
change has been agreed to in writing by Printco.
- Cancellation: Accepted orders
are non-cancelable. Authorized cancellation
is contingent upon payment of liquidated damages,
to include all cost incurred plus reasonable
- Taxes: Any taxes or other
governmental charges levied against the item
purchased shall be paid by purchaser.
- Delivery Dates: Shipping
dates are submitted as good faith estimates.
Printco will make a diligent effort to meet
the approximated shipping date. Printco shall
be subject to no penalty or liability for failure
to meet a shipping date and shall in no event
be held responsible for loss of profits, damages
incurred by purchaser, its customers, or other
consequential damages that may result therein.
- Shipment: Shipments are made
F.O.B. Printco's plant at Pulaski, WI unless
mutually designated to be otherwise.
- Damage or Loss in Shipment: Printco
shall not be responsible for damage or loss
in transit and all claims must be made by the
Purchaser direct to the carrier. Claims for
shortages or incorrect orders must be made in
writing within (15) fifteen days after receipt
of the shipment by the purchaser, and use of
the item and failure to give Printco written
notice within that period shall be unqualified
- Performance: All machines
will be deemed in compliance with the terms
and conditions of this contract unless the purchaser
has given written notification to Printco to
the contrary within sixty (60) days from the
date of shipment. All production data, where
given, is an estimate and is based on Printco's
understanding of the limits of process ability
of materials, size and quality of product.
- Testing Materials (if applicable):
Purchaser shall furnish to Printco at Pulaski,
WI at purchaser's expense, sufficient materials
and related data necessary for full testing
- Limited Warranty: Printco
warrants that construction will be in accordance
with normal Printco methods of manufacture and
the attached specifications, and will be free
from defects in material and workmanship for
a period of one year from date of shipment or
2,500 hours of use, whichever occurs first.
If the Purchaser within the warranty period
gives Printco written notice of any defect,
Printco will, at its option, repair or replace
the same free of charge F.O.B. Pulaski, with
installation extra. All equipment a part of
the order but not manufactured by Printco is
limited to the warranty of the manufacturer.
Equipment replaced under the warranty shall
have the same warranty as new equipment, but
does not extend the original warranty.
No warranty is made with respect to: (A) failures
not reported to Printco within the warranty
period; (B) failures or damage due to misapplication,
lack of proper maintenance, abuse, improper
installation, or abnormal conditions of temperature,
moisture, dirt, or corrosive matter, etc.; (C)
failures due to operation, either intentional
or otherwise, in any improper manner; (D) after
unauthorized alteration; or (E) any other damage
done without fault of Printco.
All warranties by Printco shall be effective
only if and for so long as the Purchaser complies
with all payment obligations of the accepted
order. Failure to meet payment obligations voids
all warranties and does not extend the period
of time for which such products is warranted
when payment is made.
There is no further warranty either express
or implied in connection with the design, sale,
merchantability or use of the item of sale except
as to title; and Printco's Liability on its
warranty shall in no event exceed the cost of
the item of sale.
- Safety Equipment: The use
of all guards, interlocks, electrical devices,
and other safety devices and operation in accordance
with Printco operating instructions is essential
to the safe use of the machine or item of sale
and, therefore, the Purchaser agrees that it
will not remove or render inoperable any guards,
interlocks, electrical devices, or other safety
devices or warning notices or instructions,
and that it will operate the machine in accordance
with Printco operating instructions.
The Purchaser agrees to pay on behalf of Printco
all sums which Printco becomes legally obligated
to pay because of bodily injury or property
damage caused by or resulting from the use without
guards or safety devices or misuse of the machines
or equipment, including reasonable attorneys
fees and legal expenses.
Purchaser's remedies for actual damages arising
out of the fault of Printco are hereby limited
to return of the goods and repayment of the
purchase price or repair F.O.B. Printco, either
at Printco's sole discretion.
- Limitations: Printco limits
its liability as follows: Printco shall not
be liable for any losses, costs, forfeitures,
and all other consequential damages (including
loss of profits, liabilities of the Purchaser
to its customers or third persons) whether direct
or indirect, and whether or not resulting from
or contributed to by the default or negligence
of Printco, its agents, employees, and subcontractors,
which might be claimed as the result of the
use or failure of the item of sale.
- Damages: Printco shall not
be liable for any penalties or consequential
damages resulting to the purchaser by reason
of this sale.
- Patent Indemnity: Printco
agrees that it shall defend any suits that may
be instituted by any party against purchaser
for an alleged infringement of any U.S. patent
relating to the structure of the purchased item
as originally furnished, provided purchaser
gives to Printco immediate written notice of
the institution of such suits, and permits Printco
through its counsel, to defend the same, and
give all needed information, assistance, and
authority to enable Printco to do so.
In case Printco's machine is held to infringe
any U.S. Patent and its use thereof is enjoined,
Printco may at its option: (A) obtain for the
Purchaser the right to continue using the machine,
or (B) replace the same with non-infringing
equipment, or (C) modify the machine so that
it is non-infringing, or (D) remove the machine
and refund the purchase price reduced by a factor
of use allowance of twenty percent (20%) per
- Copying: Purchaser acknowledges
that the Printco product has been designed and
built through expenditure of substantial time
and money by Printco, and agrees not to make
drawings or duplications of the product or its
parts, or permit others to do so, and will not
duplicate or conspire with others in the duplication
of the product.
- Law: The rights and duties
of all persons and the construction and effect
of all provisions hereof shall be governed by
and construed according to the laws of Wisconsin.
If national or local laws, regulations, orders,
etc. or unusual climate conditions require modification
of the product not within the Printco standard
specifications, the purchaser shall specify
in detail and pay for such modifications according
to Printco's normal pricing policy in addition
to the purchase price stated.
If such modifications alter the performance
or prevent the product from performing according
to specifications, Printco shall not be liable
therefore and shall not be required to meet
these specifications to the extent the performance
may be adversely affected.
- Entire Agreement: This document
constitutes the entire agreement between the
Purchaser and Printco and is not an acceptance
of purchaser's purchase order terms unless otherwise