The Industrial Perforators Association, Inc. made a study of the trade customs or usages and the terms and conditions of sale which are believed to generally prevail throughout the perforating industry. The typical contract provisions which apply in these sales transactions unless the buyer and seller specify otherwise as set forth below. Each perforating company may establish its own terms and conditions.
- Description of Goods Sold - Perforated material furnished shall be described only by Remaly Manufacturing Company quoted specifications and/or drawings and any required change or deviation therefrom may be subject to quoted prices revision. Unless otherwise specified, the industry standard specifications shall prevail as described from time to time in bulletins published by the Industrial Perforators Association, Inc.
- Quantity Prices - Price differentials indicated for varying quantities of the same item result from savings in the cost of material, purchasing, manufacture, sale or delivery.
- Packing - Packing will be furnished in accordance with the perforating industry standard specifications.
- Sales, Use and Other Taxes - The Buyer shall payor reimburse Remaly for any sales, use, excise, occupational, or other tax arising directly or indirectly from this sale transaction or the performance thereof, or from the use by any person of the perforated material sold.
- Over-runs and Under-runs - Unless exact quantities are specified, all quoted prices are based on the Buyer accepting and paying on the basis of over-runs or under-runs on each individual item, not exceeding 10% of the quantities requested.
- Transportation/Delays - All prices and deliveries are F.O.B. Tamaqua. The Buyer should specify type of carrier and routing. In the absence of such specifications, Remaly will use its best judgment but shall not be liable for any delays or excessive transportation charges resulting from our selection. Remaly shall not be liable for loss or damage due to delay in manufacture resulting from any cause beyond our control including but not limited to; compliance to regulations, orders or instructions from any state, federal or municipal government, acts of God, acts of civil or military authority, fires, strikes, factory shutdowns, or delays due to causes beyond the company's reasonable control.
- Patent Infringements - The Buyer shall save the Seller harmless from all loss, damage, or liability including attorney's fees arising out of manufacture of any patented device or part thereof, the patents for which the Seller does not own or control.
- Quotations-Acceptances - Quotations are effective for 30 days from the date of issuance. Acceptance of this quote is expressly limited to the Terms and Conditions of this quotation and the rights of the parties shall be governed exclusively by the Terms and Conditions hereof.
- Warranty - Remaly Mfg. Co. Inc. warrants the supplied material against defects in workmanship for a period of thirty (30) days after receipt of order. The obligation under this warranty shall be limited to repairing or reworking F.G.B. Seller's plant, or allowing credit at Seller's option, provided the Buyer gives the Seller prompt notice of the defect during the warranty period.