Terms and Conditions
AGREEMENT. The terms and conditions set forth herein and those contained at the website www.nilfiskcfm.com which are hereby incorporated by reference herein, shall constitute the entire agreement between Nilfisk, Inc., Industrial Vacuum Division and Buyer and supersede all other agreements and understandings, whether written or oral, between the parties with respect to the subject matter hereof. Acceptance by Nilfisk, Inc., Industrial Vacuum Division of Buyer’s offer shall not alter, vary, or add to the terms and conditions of this agreement, and any conflicting or additional terms and conditions in Buyer’s offer shall be deemed rejected, unless expressly agreed to by Nilfisk, Inc., Industrial Vacuum Division in writing.
PRODUCT QUOTATION DISCLAIMER. Nilfisk, Inc. makes this equipment recommendation based on the request of the customer named above. Nilfisk, Inc. assumes no risk or liability for the company named above complying with OSHA and NFPA, or other regulatory body standards, rules and regulations.
By placing an order with Nilfisk I-VACs, YOU, the purchaser and intended user, acknowledge that YOUR “Authority Having Jurisdiction” (AHJ) has determined that the specific type of vacuum equipment YOU are ordering is suitable for use in YOUR intended application and/or hazloc rated environment. Nilfisk, Inc., as the product manufacturer, is not an AHJ and cannot approve any particular vacuum product for any specific application of use. It is YOUR responsibility to understand the role of YOUR AHJ, to obtain its approval of the use of specific vacuum equipment YOU are ordering, and to use the vacuum properly as described in the instruction manual and in accordance with YOUR AHJ’s approval.
YOUR AHJ is defined in Article 100 of the National Electric Code (NEC – NFPA 70) and in NFPA 652. If YOU need assistance identifying YOUR AHJ, please contact YOUR local Nilfisk sales representative for assistance.
If the machine quoted above includes an “NFPA transformation kit,” it will be factory-modified to ensure bonding and grounding in accordance with NFPA guidelines for collecting combustible dust in non-hazardous (non-classified) environments. The purchaser and intended user of this vacuum acknowledge that compliance with the stated NFPA guidelines does not constitute a certification or release for this machine to be used in any hazardous (classified) location.
PRICE. All prices are exclusive of federal, state, or local taxes which shall be added to the price or billed separately to the Buyer where Nilfisk, Inc., Industrial Vacuum Division has the legal obligation to collect the same. Nilfisk, Inc., Industrial Vacuum Division reserves the right to charge at any time a monthly service charge of [one and one-half percent (1 1/2%)] or the highest rate allowed by law, whichever is lower, on accounts outstanding more than thirty (30) days from the date of Nilfisk, Inc., Industrial Vacuum Division’s invoice, effective as of the thirty-first (31st) day from the date of such invoice.
PAYMENT TERMS. Payment terms are net thirty (30) days after date of Nilfisk, Inc., Industrial Vacuum Division’s -invoice, unless otherwise agreed to in writing. In the event Buyer fails to fulfill the terms of payment or in case Nilfisk, Inc., Industrial Vacuum Division shall have any doubt at any time as to Buyer’s financial condition, Nilfisk, Inc., Industrial Vacuum Division may decline to make further deliveries except upon receipt of cash or satisfactory security. This requirement will not release the Buyer from any previous obligation.
FORCE M.AJEURE. Nilfisk shall not be liable for any delays in the delivery of orders, due in whole or in part, directly or indirectly, to fire, act of God, strike, lack of raw materials, supplies or components, retooling, upgrading of technology, delays of carriers, embargo, government order or directive, or any other circumstance beyond Nilfisk’s control. Buyer agrees that Nilfisk, Inc., Industrial Vacuum Division shall not be liable for any direct, indirect, consequential, or special damages which may result from any such delays.
DELIVERY TERMS. All delivery terms, including transportation, freight, insurance, risk of loss and any other shipping costs, are FOB Shipping Point or as expressly specified on the face hereof. Unless otherwise instructed, selection of carrier and routing of all shipments shall be at Nilfisk, Inc., Industrial Vacuum Division’s discretion.
For all FOB Destination shipments: Inspect product within five days of delivery. Nilfisk, Inc. Industrial Vacuum Division will not be liable for concealed damage freight claims beyond this time period. Contact Nilfisk, Inc. Industrial Vacuum Division’s Customer Service department to file a freight damage claim.
For all FOB Origin shipments: Delivery damage freight claims are the customer’s responsibility.
INSPECTION AND ACCEPTANCE. Buyer must inspect delivered goods and report claims for defects, damages or shortages in writing within ten (10) days of delivery or the goods shall be deemed irrevocably accepted and such claims shall be deemed waived.
WARRANTY ADMINISTRATION AND GENERAL PROVISIONS. Warranty claims and warranty repairs are administered by the factory. At the discretion of the factory we will either replace parts or equipment, or request the return of goods to our factory in Morgantown, PA. Please call the Customer Service Department at 800-645-3475, opt. 1 for a return authorization number. You must provide information about the application for which the goods were used. In certain circumstances the equipment will need to be decontaminated before shipping. Nilfisk, Inc., Industrial Vacuum Division reserves the right to refuse the return of certain contaminated equipment at its discretion. No equipment will be accepted at the factory without the return authorization appearing on the outside of the shipping container.
Warranty claims will be settled within 30 days of receipt of goods at the factory. It is the responsibility of the customer/dealer to pay any freight charges to send the equipment to the factory. If it is determined that the claim is covered by the warranty, shipping charges for the return of the equipment will be covered by Nilfisk, Inc., Industrial Vacuum Division.
WARRANTY. Nilfisk, Inc., Industrial Vacuum Division warrants that Nilfisk branded equipment will be free of defects in workmanship or material for a period of two years from the date of delivery. Should any failure to conform to this warranty appear, Nilfisk, Inc., Industrial Vacuum Division shall upon notification within such time period, correct such non-conformity, at its option, either by repairing and defective part or parts, or by replacing a part or parts provided that the equipment is returned to an authorized Nilfisk, Inc., Industrial Vacuum Division service facility. In all cases freight both ways will be at the expense of the customer. Equipment shall not be returned without advance notice to, and consent of Nilfisk, Inc., Industrial Vacuum Division.
EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NILFISK MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR OTHER WARRANTIES, ALL OF WHICH ARE EXPRESSLY DISCLAIMED AND EXCLUDED. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PRODUCTION, LOSS OF TIME, LOSS OF PROFITS OR OTHER SIMILAR INDIRECT LOSSES WHICH MIGHT OCCUR AS A RESULT OF DEFECTS, PARTIAL OR TOTAL FAILURE OF THE PRODUCT TO PERFORM AS SPECIFIED.
Correction of non-conformities or defects in the manner and for the period of time provided above, shall constitute fulfillment of all liabilities of Nilfisk, Inc., Industrial Vacuum Division to the customer, whether based on contract, negligence, or otherwise with respect to, or arising out of such equipment. The remedies set forth herein are exclusive, and the liability of Nilfisk, Inc., Industrial Vacuum Division with respect to this sale or anything done in connection therewith, whether in contract, in tort, under any warranty, or otherwise, shall not except as expressly provided herein, exceed the price of the equipment or part on which such liability is based.
The warranty does not cover repairs due to normal wear and tear, accident, neglect, misuse or abuse, incorrect installation or use other than as described in the instruction booklet. Breaks in hoses and cables are not covered. This warranty is rendered void if the motor number plate is removed or defaced or if repairs are made or attempted by persons not authorized by Nilfisk, Inc., Industrial Vacuum Division. Service parts must be purchased from Nilfisk, Inc., Industrial Vacuum Division. Dealers will not be reimbursed for the use of non-OEM parts.
CHANGES. After acceptance by Nilfisk, Inc., Industrial Vacuum Division, Buyer’s order shall not be subject to cancellation or reduction in amount nor to any suspension by Buyer of deliveries without Nilfisk, Inc., Industrial Vacuum Division’s prior written consent.
NO LICENSE. The sale of its product by Nilfisk, Inc., Industrial Vacuum Division does not constitute a license, implied or otherwise, for the use of any patents or know-how of others, nor does it constitute a license implied or otherwise on patents or know-how of Nilfisk, Inc., Industrial Vacuum Division except as such product itself is the subject of the claims of Nilfisk, Inc., Industrial Vacuum Division’s patent.
INSTALLMENT. Nilfisk, Inc., Industrial Vacuum Division’s failure to deliver, or nonconformity of, any installment of this agreement shall not be a breach of the entire contract.
APPLICABLE LAW. This agreement shall be governed by and construed in accordance with the internal laws (and not the laws of conflicts) of the State of Minnesota and the federal and state courts of Minnesota have exclusive jurisdiction and venue of any dispute relating to this agreement or the business relationship between Buyer and Nilfisk, Inc., Industrial Vacuum Division.
WAIVER. The failure of Nilfisk, Inc., Industrial Vacuum Division to enforce at any time any of the provisions hereof shall not be construed to be a waiver of such provisions nor the right of Nilfisk, Inc., Industrial Vacuum Division to enforce such provisions in the future.