Terms & Conditions
ACCEPTANCE
All quotations are subject to prompt acceptance and transmittal of order. Prices are subject to change without notice unless otherwise stated. Contracts and agreements are not valid unless approved and accepted in writing in the offices in Houston, Texas, or in a branch office located within the State of Texas: however, all contracts and agreements shall be deemed to have been executed in Harris County, Texas.
DELAYS
Deliveries under all contracts and agreements are contingent upon acts of providence, strikes, accidents, governmental priority regulations and other causes of delay beyond the seller's control, and in no event will the seller be liable for consequential delays and losses.
CANCELLATIONS
Orders cannot be scheduled, canceled, specifications be changed or goods returned without sellers prior permission. Acceptance is conditional upon reimbursement for consequential loss to seller.
DELIVERIES
Promises of delivery are given as accurately as conditions will permit, but seller does not guarantee to accomplish shipments on date or dates, mentioned.
WARRANTIES
The seller's liability is limited to making good defects in workmanship or material under the manufacturer’s warranty and shall not exceed the purchase price of the defective item. The seller, in no event, will be liable for damages to persons or
property arising out of the use of items sold. This warranty supersedes all prior assurances. Written or oral, made by seller, its agents or representatives.
PERFORMANCES
Information provided concerning the performance of equipment listed hereon are engineering estimates only and no guarantee to meet such specification is to be implied.
CONFIDENTIAL INFORMATION
This proposal as well as all information therein, including prints, brochures, etc. Are confidential and intended only for the purchaser's use are and are not to be used in any way detrimental to the seller.
TERMS OF SALE
Unless otherwise specifically stated terms are net, 30 days from date of invoice, F.O.B. shipping point, sales or use taxes. Any type of property tax or any manufacturer's or other excise tax levied by federal, state or municipal government or any subdivision thereof, are the liability of the purchaser and if paid by the seller are rechargeable to the purchaser. All sales are subject to the approval of our credit department. This and all subsequent purchases are payable in Houston, Harris County, Texas. The seller reserves the right to cancel this contract upon (1) breach of contract by the purchaser. (2) failure by purchaser to make payments as required and (3) upon insolvency or bankruptcy of the purchaser. The seller may require advance payment for security or may cancel an order if the seller, in good faith doubts the purchaser's ability to pay.
GENERAL
No terms contained in the purchaser's purchase order, shipping request or other communications shall vary the terms of the agreement expressed herein, whether or not shipment if the goods followed receipt of such purchase order or other communications, no, representation is made as to this equipment complying with any law or regulation pertaining to noise, air or water pollution.
PRODUCT INFORMATION
Catalog/Website Information
Product depictions in the catalogs and websites are for illustrative purposes only. Possession of, or access to, any Clemtex catalog, literature or websites does not constitute the right to purchase products. Clemtex reserves the right to revise publishing errors in its catalogs or any of its websites.
Despite our efforts, occasional pricing errors may occur in our catalogs and websites. We reserve the right to cancel any and all orders resulting from such pricing errors, even if customer has received an order confirmation from us.
Product Substitution
Products and/or country of origin may be substituted and may not be identical to descriptions and/or images published in the catalog or on the website.
Safety Data Sheets
Safety Data Sheets (“SDS”) for OSHA defined hazardous substances are prepared and supplied by the manufacturers. CLEMTEX MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE RECOMMENDATIONS IN ANY SDS. CUSTOMER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT.