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Business Structure:A
Sole Proprietor Corporation Partnership Subsidiary
Owners
Name: ______________________________________________________________________
Phone: ____________________ Address: ____________________________________
City, State, and Zip: ______________________________________________________
Officers Information
Name: ______________________________________ Title: _________________________
Phone: _______________________ Address: ________________________________
City, State, and Zip: _______________________________________________________
Trade References
Business Name: ____________________________ Phone: __________________________
Address: ____________________________________ Fax: __________________________
________________________________ Contact: __________________________
Bank Reference
Name of Branch:________________________________ Checking
Phone: ________________________________________ Savings
Contact Name: _________________________________ Other
Accounting Department
A/P Contact: __________________________________________________________
Phone #:_____________________________ Fax:_____________________________
Contact E-Mail: _______________________________________________________
Signature: ________________________________________________
FluiDyne Fluid Power, Inc. products and services described herein (the "Products") are offered
for sale at prices established by FluiDyne Fluid Power, Inc. Corporation ("Seller"). This offer and
its acceptance by any customer ("Buyer") shall be governed by all of the following Terms and
Conditions. Buyer's orders for the Products, when communicated to Seller verbally or in writing
shall constitute acceptance of this offer.
3. Delivery: Unless otherwise accepted in writing by Seller, delivery of the Products shall be
FOB, Seller's plant. There is a $100 net minimum value per order. Shipping dates are
approximate, and Seller shall have no liability for failure to ship on such approximate shipping
date.
4. Warranty: Seller warrants to Buyer that the Products: (a) conform to Seller's published
specifications, and (b) are free from defects in material or workmanship. The duration of this
warranty is eighteen (18) months from the date of shipment to Buyer. If Buyer discovers within
the Warranty Period a failure of the Products to conform to specifications, or a defect in material
or workmanship, Buyer must notify Seller in writing within the Warranty Period. Within a
reasonable time after such notification, Seller may correct any failure of the Products to conform
to specifications, or a defect in material or workmanship. Such repair shall include both parts
and labor, and will be at Seller's expense. All warranty service will be performed FOB Seller's
plant, or FOB point as applicable. Products are not to be returned to Seller without prior written
approval of Seller (see paragraph 6, Returns). All claims must be submitted within the Warranty
Period and must be accompanied by full particulars, including, but not limited to, applicable
system and operating conditions and relevant maintenance procedures. If Seller is unable to
repair the Products to conform to the Warranty after a reasonable number of attempts, Seller will
provide, at its option, one of the following: (a) a replacement Product, or (b) full refund of the
purchase price. THE FOREGOING ARE BUYER'S EXCLUSIVE REMEDIES FOR BREACH OF
THE SUBJECT WARRANTY. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
Seller does not warrant (a) any Products, components or parts not manufactured by Seller, (b)
defects caused by failure to install the Product(s) properly, (c) damage caused by use of the
Products for purposes other than those for which it was designed, or at other than
recommended design conditions, (d) damage caused by failure to maintain in accordance with
Seller's instructions, (e) damage caused by unauthorized attachment or modifications, (f) filter
element life (time between filter changes), (g) damages during shipment, or (h) any other abuse
or misuse by the Buyer. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES BASED UPON BREACH OF WARRANTY,
BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY.
SUCH DAMAGES SO EXCLUDED INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF
PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF THE PRODUCT OR ANY
ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT,
FACILITIES OR SERVICES DOWN TIME, THE CLAIMS OF THIRD PARTIES INCLUDING
CUSTOMERS, AND INJURY TO PERSON OR PROPERTY. SOME STATES DO NOT ALLOW
LIMITS ON WARRANTIES OR ON REMEDIES FOR BREACH IN CERTAIN TRANSACTIONS.
IN SUCH STATES, LIMITS IN THIS AND OTHER PARAGRAPHS MAY NOT APPLY.
6. Returns: All returns must be pre-approved by the Seller and must be identified by a
Returned Goods number issued by the Seller. All returns must be sent “freight prepaid”.
7. Taxes: Unless otherwise indicated hereon, all prices and charges are exclusive of excise,
sales, use, property, occupational or like taxes which may be imposed by any taxing authority
upon the manufacture, sale or delivery of the Products. If any such taxes must be paid by
Seller, or if Seller is liable for the collection of such tax, the amount thereof shall be in addition to
the amounts for the Products sold. Buyer agrees to pay all such taxes or to reimburse Seller
therefore upon receipt of Seller's invoice.
8. Force Majeure: Seller does not assume the risk of and shall not be liable for delay or
failure to perform any of Seller's obligations by reason of circumstances beyond the reasonable
control of Seller (hereinafter "Events of Force Majeure:). Events of Force Majeure shall include
without limitation, accidents, acts of God, strikes or labor disputes, acts (including acts of war or
terrorism, etc.), laws, rules or regulations of any government or government agency, fires,
floods, delays or failures in delivery of carriers or suppliers, shortages of materials and any other
cause beyond Seller's control
9. Entire Agreement/ Governing Law: The terms and conditions set forth herein, together
with any amendments, modifications and any different terms or conditions expressly accepted
by Seller in writing, shall constitute the entire Agreement concerning the items sold, and there
are no oral or other representations or agreements which pertain thereto. This Agreement shall
be governed in all respects by the law of the state of Michigan, USA. No actions arising out of
the sale of the Products or this Agreement may be brought by Buyer more than eighteen months
after the cause of action accrues.