These Eastern Reliability Terms and Conditions of Purchase and Sale (hereafter "Terms") shall be the sole terms and conditions governing the sale of Eastern Reliability products (hereafter "Products") to the party listed on the purchase order or other order documentation (hereafter "Buyer").
The acceptance by Eastern Reliability (hereafter "Seller") of Buyer's order is expressly conditioned on Buyer's acceptance of these terms and conditions.
Seller hereby objects and rejects any and all additional or different terms proposed by Buyer, unless specifically accepted in writing by Seller.
The Terms described herein may be modified in writing with the signed approval of the President of Seller.
Product Installation
Tanks are designed for atmospheric pressure only!
Flexible expansion joints need to be used on all sidewall connections.
Tanks must be installed per Assmann Corporations tank installation and use guidelines.
Assmann Corporation Terms & Conditions apply, read online at www.Assmann-usa.com.
Flexible expansion joints should be used on all connections on polyethylene tanks.
All industrial equipment should be installed per the manufacturer’s IOM.
Polyethylene and FRP tanks are designed for atmospheric pressure only. Tank vents should be 1.5 times the largest connection, if possible.
Purchaser to ensure that tanks are installed to comply with local, state and/or federal laws as applicable.
Terms of Payment
Terms are Net 30 days with 2% discount for payments received within 10 days
Quote is Valid for 30 days. Please send a copy of this quotation with your purchase order.
If not submitted, the customer is responsible for all state or local taxes, duties, or other taxes and fees.
Quoted price does not include any state or local taxes. Customer must submit proper tax exemption certificates with the Purchase Order.
Please ask the quoting person for instructions as to how to address the Purchase Order.
Credit Terms
Eastern Reliability LLC and/or our represented manufacturer offers credit terms upon receipt, review and approval of credit information.
Eastern Reliability LLC and/or our represented manufacturer reserve the right to request initial or progress payments depending upon the value of the project and/or the purchaser's credit history.
Eastern Reliability LLC and/or our represented manufacturer reserve the right to refuse credit due to unsatisfactory credit information.
Eastern Reliability LLC and/or our represented manufacturer reserve the right to re-invoice for interest or penalty charges if invoice is not paid in a timely fashion.
Eastern Reliability LLC’s and/or our represented manufacturer may accept major credit cards.
Interest rate is 1.5% per month.
Shipment
Freight is FOB Factory unless otherwise noted. Offloading by others.
Additional freight costs for deliveries to Government, Institutional, Military, and Construction sites or installations.
Shipment is Typically 3-6 weeks after drawing approval.
Limitations of Liability
Seller's express warranty to buyer and the intellectual property indemnity described herein constitute seller' sole liability and the buyer's sole remedy with respect to the products and are in lieu of all other warranties, indemnities, liabilities and remedies.
Unless otherwise expressly provided in a writing signed by both parties, seller does not indemnify, nor hold buyer harmless, against any liabilities, losses, damages and expenses (including attorney's fees) relating to any claims whatsoever, including without limitation, claims for personal injuries, death or property damage relating to the products sold hereunder.
In no event shall seller be liable to the buyer or other person or party for special, direct, indirect, incidental, consequential or punitive damages of any kind or form, whether arising from any cause whatsoever.
No suit or action shall be brought against seller more than one year after the related cause of action has accrued.
The total liability of seller to buyer and/or any third party from any lawsuit, claim, warranty or indemnity shall not exceed the aggregate amount actually paid by buyer to seller for the specific products (as identified by part number) sold under the order shipment at issue that gave rise to the lawsuit, claim, warranty or indemnity. The existence of multiple claims related to the same product at issue shall not enlarge or extend this limit.
In the event of a manufacturing defect, the liability of Eastern Reliability shall be limited to the correction of the defect as specifically stated herein.
Buyer is solely responsible for, and will hold Eastern Reliability harmless from, any liability arising from the design, specifications, data input, and films submitted to Eastern Reliability for the manufacture of the product purchased.
Buyer agrees to defend, indemnify, and hold harmless Eastern Reliability for any claims, suits, demands, judgments, or awards of any nature whatsoever due to liability arising from work performed for the buyer; and buyer assumes all risk and liability in connection with the use of products provided by Eastern Reliability.
Any dispute between Eastern Reliability and buyer may, at the sole discretion of Eastern Reliability, be submitted for arbitration. Prevailing party shall be paid by losing party for all of its reasonable attorney's fees and costs of arbitration.
Cancellation
Cancellation fee of 10-50% will apply depending upon when the PO is canceled.
