Important: Read This
The catalogs and publications contained herein are
the property of GEORGIA GRINDING WHEEL CO., INC./The SIGMA Group,
Inc. and are for the express purpose of providing our customers with
information only. They are provided for
viewing only and only on 1 computer. They are not
provided for commercial resale or any other commercial use.
Under no circumstances shall these files be
duplicated: They shall not be copied, duplicated, saved to disk,
printed, downloaded or any other form of reproduction.
Doing so is in violation of this agreement and may be subject to
GENERAL TERMS AND CONDITIONS OF SALE
SIGMA Group, Inc. and/or Georgia Grinding Wheel Company, Inc.(GGWCO)
is acting as agent only and specifically disclaims any
liability by express or implied warranty or otherwise, except as
expressly set forth herein.
IN NO CASE WILL SIGMA/GGWCO BE LIABLE FOR THE
CONSEQUENTIAL DAMAGES EVEN IF SIGMA/GGWCO HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE FOREGOING WARRANTIES ARE IN LIEU OF
ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
Buyer acknowledges that the products covered
by this quotation are products which were neither designed nor
manufactured by SIGMA/GGWCO. As SIGMA/GGWCO does not know of
the specific application of the products by Buyer, Buyer
acknowledges that it is Buyer's responsibility to provide proper
devices and equipment for the particular application or use intended
by Buyer, so as to protect the operator and others from harm, and to
comply with all federal, state and local government laws, rules, and
regulations relation to safety standards and all industry safety
Buyer agrees to indemnify, hold harmless, and
defend SIGMA/GGWCO from and against any and all claims, liabilities,
or lawsuits arising out of the use of, or in any way involving
injury or accident occasioned by, said products. Said agreement
includes, but is not limited to, the duty to indemnify, hold
harmless, and defend SIGMA/GGWCO in any of the following situations:
(1) claims involving or alleging improper or negligent design,
maintenance, construction, reconstruction, repair, alteration, or
modification of the products by SIGMA/GGWCO, its agents or
employees; (2) claims involving or alleging breach of any implied
warranty or merchantability, fitness for purpose, or safety of the
products; (3) claims involving allegations of failure, negligent or
otherwise, on the part of SIGMA/GGWCO to equip said products with
safety devices as required by federal, state, or local government
statutes, rules, or regulations, or as is customary in the trade;
(4) claims involving or alleging negligency by SIGMA/GGWCO, either
alone or jointly with Buyer or any other person, firm, or
organization; and (5) claims based upon strict liability or products
liability. Buyer specifically agrees to indemnify, hold harmless,
and defend SIGMA/GGWCO from any and all claims alleging negligence
on the part of Sigma and from any and all claims based upon strict
liability or products liability and waives benefit of any laws,
rules, or regulations contrary to, or in limitation of, this
agreement. The covenants expressed herein shall be severable, and
the invalidity, now or in the future, of any of the covenants
recited herein shall not affect the validity of the remaining
SHIPPING: Shipping terms are as stated on
front of this quotation, and unless otherwise stated, include no
cartage, insurance charges or taxes.
PRICES: Quoted prices are valid for 60 days
from date of issue of quotation, but Seller reserves the right to
bill same at Seller's prices prevailing at time of shipment.
Deliveries quoted are approximate and are contingent on fires,
strikes, accidents, orders or requests of Government authorities, or
any cause whatsoever not reasonably under the control of the Seller.
Items not readily available from current inventory are considered
special orders and as such quoted deliveries are estimates based
on current factory shipping times. Unless definite shipping
instructions accompany the order, shipments will be routed cheapest
way and at our discretion. Under no circumstances shall Seller have
any liability for penalties or other consequential damages of any
kind resulting in whole or part from Seller's delay in delivering,
or failure to deliver, any products to Buyer as agreed.
CANCELLATION: In the event Buyer desires to
cancel an order, he shall give written notice together with reasons
therefore, and terms of cancellation shall then be subject to
negotiation between Buyer and Seller. However, Seller in no event
waives any remedies available to it under the Uniform Commercial
Code or other provision of law. Buyer shall be liable for a
cancellation charge if material has been placed in process.
Special Orders are non-cancelable. If a Special Order item
was pre-paid, either with a credit card or by any other means, any
refund will be up to the discretion of SIGMA/GGWCO. We reserve
the right to determine a refund, if any, due to Buyer. We
reserve the right to accept all prepayment from Buyer as partial or
full satisfaction of any in process work or cancellation charge.
RETURNS: Material will not be accepted for
credit without Seller's written agreement having been previously
obtained. Buyer must obtain a Return Materials Authorization (RMA)
number prior to shipping any items to Seller. Seller shall not be
responsible for returned goods unaccompanied by an RMA.
PATENT INFRINGEMENTS: With respect to all
products manufactured to Buyer's specifications, Buyer shall
indemnify and hold Seller harmless from and against any and all
loss, cost, expenses, claims, demands, suits and judgments arising
from actual or alleged patent infringements.
SPECIAL TOOLING: All tooling patterns,
dies, fixtures and tool expense shown in connection with special
production items are priced at Seller's cost, and title shall be
vested in Seller. Seller agrees to maintain and replace at Seller's
expense such equipment during time that the respective items(without
change) continue to be purchased from Seller. Equipment may be
considered obsolete and scrapped by Seller if no items have been
fabricated from it during a continuous period of one(1) year.
TITLE AND RISK OF LOSS: Risk of loss or
damage in transit shall be borne entirely by Buyer at all times
after the products are delivered to the carrier for shipment;
However, title to the products and the right to stop delivery in
transit shall remain with Seller until payment in full has been
received by Seller.
OVERAGES/SHORTAGES: Seller shall not
fabricate or ship any items except to the extent authorized in
Buyer's purchase order or in subsequent releases from Buyer, +/-
ACCEPTANCE OF PURCHASE ORDERS:
Notwithstanding any contrary language of Buyer's purchase order,
each purchase order shall be subject to acceptance by an authorized
employee of Seller and each transaction shall be governed
exclusively by these Terms and Conditions of Sale. Such acceptance
is expressly limited to these Terms and Conditions of Sale, and any
additional or different terms proposed by Buyer are automatically
rejected unless expressly assented to in writing by Seller. No
contract shall exist except as herein above provided.