- Any Federal, State, or City taxes imposed, directly or indirectly, by any present or future law on the sale or use of the proposed equipment and or material described in or required under the agreement between the parties, are the sole responsibility of the purchaser apart and separate from the agreed purchase price.
- Equipment is not designed with any seismic or wind load calculations, unless specifically noted in this proposal.
- Permits: (Approvals, certificates, licenses, bonds and taxes) Purchaser at its own expense shall procure any all construction and or use permits and licenses required in connection with the installation and use of proposed equipment and shall indemnify and hold Gulftech Casiba Group harmless from all civil and or criminal liability for failure to procure same and any and all violations, assessments, penalties, or damages relating thereto.
- Site modifications (floor clearing, cleaning, sealing or leveling as well as any building reinforcement or structural changes).
- Removal, relocation, rerouting and/or reconnection and testing of displaced utilities (i.e. gas lines, electrical lines, water lines, paint lines, sprinkler system lines, compressed air lines, etc.).
- Start Up Service. Start-up service is available from Gulftech Casiba Group at per diem rates plus lodging and travel expenses. Installation or start-up is not included unless specifically quoted. Installation and operation instructions will be provided with your ordered equipment.
- Electrical Equipment and Installation. Electrical equipment includes only those electrical components referred to in the proposal. All field wiring for any electrical components, to include field wiring between system control components. Low voltage control wiring, low and high line voltage field wiring. Changes to electrical equipment to comply with any laws or regulations are the Purchaser’s responsibility unless Gulftech Casiba Group specifically agrees in writing to meet such laws or regulations.
- Combustible Dust Hazards. Pursuant to NFPA Standards, the owner/user is required to test its dust mixtures to evaluate and understand the potential combustion or deflagration hazards. At purchaser’s election, Gulftech Casiba Group can coordinate sample collection and testing of purchaser’s dust. To minimize the risk of fire or explosion, proper installation, operation and maintenance of Gulftech Casiba Group equipment is critical. Since installation, operation and maintenance are beyond the control of Gulftech Casiba Group, Gulftech Casiba Group disclaims any liability or responsibility for damage from fires or explosions regardless of origin.
- Gulftech Casiba Group recommends that all air pollution control and dust collection equipment and installation conform to all applicable codes, laws and regulations including the addition of appropriate fire protection systems or explosion venting when and where required.
- Installation of Gulftech Casiba Group’s equipment should be by a licensed contractor that is experienced in potential fire and explosion hazards as well as all related codes, laws and regulations. By accepting the purchased equipment, Purchaser agrees to defend, indemnify, and hold harmless Gulftech Casiba Group, its successors, assigns, suppliers, shareholders, directors, officers, agents, and affiliated companies from all losses, costs, damages, demands, claims, liabilities, fines, penalties or any other expenses (including attorneys’ fees, court costs, and expert fees) (collectively “losses”), caused or contributed to in any way by Purchaser’s failure to properly install, operate, or maintain the equipment purchased from or supplied by Gulftech Casiba Group, or losses caused or contributed to in any way by Purchaser’s failure to provide accurate specifications or dust explosivity values.
- Shipment; Delivery; Title and Risk of Loss. All delivery dates are approximate. Seller is not responsible for damages resulting from any delay. Regardless of the manner of shipment, delivery occurs and title and risk of loss or damage pass to Buyer, upon placement of the Products with the shipment carrier at Seller’s facility. Unless otherwise agreed, Seller may exercise its judgment in choosing the carrier and means of delivery. No deferment of shipment at Buyers’ request beyond the respective indicated shipping date will be made except on terms that will indemnify, defend and hold Seller harmless against all loss and additional expense. Buyer shall be responsible for any additional shipping charges incurred by Seller due to Buyer’s acts or omissions.
- Any and all fire detection or suppression equipment required by code authorities.
SHIPPING & FREIGHT COSTS Due to freight issues with customers selecting a freight carrier, Gulftech Casiba Group is updating our policy to reflect the need to better assist our customers.
To ensure that we can assist you with any claims resulting from damages and reduce delays, Prepay and Add is the only authorized method of shipping.
Gulftech will use our accounts with our preferred carriers, schedule pickups, complete the bill of lading and any other necessary shipping paperwork, and ensure all pickups and deliveries are scheduled and completed in a timely fashion.
Any freight claims will be handled by Gulftech Casiba Group.
All prepaid & add shipments have a fee added to the freight charge and will be billed on your final equipment invoice.
In order to ensure that any freight claims can be resolved quickly, all freight shipments must be inspected at time of delivery and refused if damaged. Any damage must be noted and initialed by the freight delivery driver at time of delivery.
- If a shipment is received damaged and accepted without the damage being noted at time of delivery, Gulftech is not liable for the damage, as in most cases the shipper will refuse to accept any damage claim if damage was not noted at time of delivery.
- Manufacturer’s Warranty. Customer expressly understands and agrees that warranties regarding patents, materials, workmanship or use of the Equipment (the “Manufacturer’s Warranty”), if any, are made exclusively by the Manufacturer and not by Vendor, and if made, shall be encompassed within a separate agreement. Customer’s exclusive remedy under Manufacturer’s Warranty shall be as provided therein and shall lie exclusively against and be obtainable only from the Manufacturer, and Customer expressly agrees that it shall have no claim or cause of action against Vendor in the event the Manufacturer is for any reason unwilling or unable to perform under the terms of Manufacturer’s Warranty.
EXCLUDED UNLESS SPECIFICALLY CONTRACTED TO PROVIDE
- Electrical, Gas, Compressed Air, Water and Sewer services to attachment points on Gulftech Casiba Group’s supplied equipment. All field wiring between supplied components and sub-components.
- Any and all installation services.
- Engineering, to include P.E. drawings, design specifications, wind loading, structural design.
- Supply of exhaust duct components unless specifically mentioned in the body of this proposal (Ductwork can be quoted as an option if provided with accurate required length and configuration requirements).
- Weatherproof storage and security of equipment at job site.
- Cutting, sealing, or framing of roof, for any and all required penetrations.
- Unloading of equipment from freight lines.
- Touch-up painting of equipment.
- Supply of additional gas regulator(s), which may be required to assure proper gas pressure to attachment point on Gulftech Casiba Group supplied equipment.
- Supply of additional motor disconnects, which might be required by local authorities or unique installation circumstances.
- Supply or connections of additional safety related equipment not specifically mentioned in the body of this proposal.
- Warranty Exclusions. The “Workmanship” warranty above does not cover any defect caused by (1) events beyond our reasonable control, including but not limited to lightning, flood, earthquake, fire, excessive wind and other extreme weather events, accidents, abuse, misuse or negligence; (2) your failure to operate or maintain your Products in accordance with the applicable Owner’s Manual(s); (3) any material or equipment connected to your Products that was not installed by us; or (4) someone other than Gulftech Casiba Group installing, altering, removing, re- installing or repairing any part of your system unless that person does so in compliance with the Owner’s Manual(s). The “Workmanship” warranty also does not cover any defects in the equipment or components incorporated into our work (such as breakers, electrical panels, etc. In no event will Gulftech be responsible for labor or transportation charges for the removal, reshipment or reinstallation of the parts.
- Gulftech shall not be liable for loss of revenues or profits, expense for substitute equipment or service, storage charges, or any other special, incidental or consequential damages caused by the use, misuse or inability to use the product regardless of the legal theory on which the claim is based, and even if Gulftech has been advised of the possibility of such damages.
TERMS AND CONDITIONS
Proposal is valid for 30 days from the date of proposal. After 30 days, all pricing will be reassessed for validity. Any changes from the terms of this proposal must be in writing; Gulftech Casiba Group does not recognize any oral changes, additions or deletions from or to this original proposal. Any oral changes must be submitted to the company in writing, and approval by an officer of the company before such changes become a part of this proposal.
Price; Payment. Prices stated do not include any sales, use, or other taxes or duties unless specifically stated. Payment is subject to credit approval and payment for all purchases is due thirty (30) days from the date of invoice (or such date as may be specified by Seller’s Credit Department).
Billing/Payments. Invoices for Gulftech’s services shall be submitted, at Gulftech’s option, either upon completion of such services or monthly. Invoices shall be payable by the date listed on the invoice. If the invoice is not paid by the due date, Gulftech may, without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of the service.
Late Payments. Accounts unpaid 35 days after the initial invoice date may be subject to a monthly service charge of 18% (or the legal rate) on the then unpaid balance. All unpaid invoices are also subject to a 5% late payment fee. In the event any portion or the entirety of an account remains unpaid 60 days after billing, the Client shall pay all costs of collection, including reasonable attorney’s fees.