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Note: The following terms are for general information. Different terms may be specified in Golden Anvil LLC’s quote. All terms and conditions of sale are subject to change and are valid as determined in the latest terms and conditions publication of Golden Anvil LLC.
1. Quotations/Effective Date: All quotations are in accordance with Golden Anvil LLC’s interpretation of plans and specifications provided by the Buyer. All quotes automatically expire thirty (30) days from the date of issue unless sooner terminated by notice. Quotations are subject to all existing or future limitations and regulations issued by any government agency. In the event that a quotation is not accepted in its entirety, Golden Anvil LLC reserves the right to decline any part of the order based on such quotation. All stenographic, clerical or other errors are subject to correction.
2. Acknowledgement: All orders are subject to final acknowledgement by a duly authorized representative of Golden Anvil LLC and are subject to Golden Anvil LLC’s terms and conditions in effect at the time of acceptance. Golden Anvil LLC takes exception to any other terms and conditions except for such terms and conditions as Golden Anvil LLC may expressly accept in writing. Golden Anvil LLC shall not be liable for any change of dimensions, weights and materials as long as the change is nonessential for the proper performance of the product.
3. Prices: Prices and discounts are subject to change without notice. In the event of a net price change, the price equipment on order but unshipped will be the price in effect on the date of shipment, in no case will the amount of a price increase exceed 10% of the price at which the order was accepted, except that, if the delivery is delayed upon instruction from the Buyer, prices shall be those in effect when the instructions are received to proceed with the order. Price reductions shall only apply to unshipped portions of outstanding orders. Any addition or alteration to an outstanding order will be accepted at prices in effect when the addition is accepted. Applicable taxes are additional.
4. Minimum Billing: Orders amounting to less than $100.00 net will be billed at $100.00 plus the transportation charge.
5. Payment Terms: Prepayment or 35% upon receipt of Purchase Order, 35% upon approval of drawings for production, and 30% due before shipment and/or upon presentation of Letter of Credit from Buyer’s bank. All past due balances will accrue at the rate of 1.5% per month.
6. Payments: Payments should be wired to the bank designated by Golden Anvil LLC.
7. Sales and Use Tax: Prices stated do not include sales and/or any use tax, excise, duty or levy imposed by any governmental authority on the manufacture, sale, delivery and/or use of any item delivered. Golden Anvil LLC shall invoice Buyer for any tax or levy, required by the taxing authority, and buyer will make such payment. Golden Anvil LLC reserves the right to bill separately for any required tax or levy.
8. Shipping Terms: Shipping terms are EXW Golden Anvil LLC’s plant (Incoterms2000). The Buyer may specify a method and route of shipment other than that selected by Golden Anvil LLC. Additional charges may apply for customer selected or specified shipping method and/or route.
No transportation charges and/or service can be deducted from the selling price.
9. Packaging other than Standard: If other than standard commercial packing is required, the cost of such special packing (determinable only after packing is completed) will be charged to the Buyer. Export packing shall be considered other than standard.
10. Export: The Buyer will be responsible for any applicable export license and all associated costs involved with said license on any export project.
11. Responsibility and Ownership: Ownership of the equipment shall remain with Golden Anvil LLC as security only and until full payment is made. Risk of loss for the equipment will pass to the Buyer upon shipment from EXW Golden Anvil LLC’s plant.
12. Loss or Damage in Transit: Golden Anvil LLC does not hold itself responsible for any loss, damage (obvious or concealed) or pilferage sustained in transit. Claims of such character should be made by the Buyer, promptly against the transportation company. If Golden Anvil LLC is notified of such claims, Golden Anvil LLC will offer to lend assistance to secure adjustment. Golden Anvil LLC employs experienced packers and cannot be held responsible for breakage that occurs after Golden Anvil LLC’s securing there “Received in Good Order” receipt from the transportation company.
13. Delivery: Golden Anvil LLC will utilize its best efforts to ship the equipment and items referred to herein, based upon the schedule provided. In the event the Buyer cannot accept delivery on the specified date, notification to Golden Anvil LLC must be made prior to shipment. Buyer will be responsible for reasonable charges incurred by such delay to the extent caused by Buyer. Golden Anvil LLC will not be held responsible for any delays in the delivery caused by unanticipated contingency or by the action of those whom it is relying, including its suppliers. Acknowledged shipping dates are approximate only and based on prompt receipt of all necessary information from Buyer. Golden Anvil LLC disclaims all liability for late delivery. Where applicable, prepaid shipping will be billed as a separate invoice item.
14. Cancellation: Upon reputation of this contract, the following cancellation fees will be assessed to the buyer:
15. Force Majeure: Golden Anvil LLC shall not be liable for any delay in the performance of orders or contracts or in the delivery or shipment of goods or for any loss and/or damages suffered by the Buyer by reason of such delay when such delay is directly or indirectly caused by fire, flood, accidents, riots, acts of God, war, invasion, sabotage, and governmental interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials, or supplies or any other cause beyond Golden Anvil LLC’s reasonable control. In any event, Golden Anvil LLC shall not be liable for special or consequential damages for loss of use
Should such a delay occur, the delivery date shall be extended as may be necessary to compensate for the delay.
16. Penalty Clauses and/or Liquidated Damages: Golden Anvil LLC will not accept any liability for penalty clauses of any kind, written or implied, unless specifically approved in writing by a duly authorized Golden Anvil LLC representative.
17. Nuclear Applications: Unless otherwise agreed to in writing by a duly authorized representative of Golden Anvil LLC, equipment sold hereunder is not intended for use in connection with any nuclear facility or activity. Golden Anvil LLC disclaims all liability for any nuclear damage, injury or contamination and the Buyer shall indemnify Golden Anvil LLC against such liability, whether as a result of breach of contract, warranty tort (including negligence) or otherwise.
Golden Anvil LLC shall identify special controls which are assembled and tested for use in connection with any nuclear installation or activity by providing the appropriate manufacturer’s catalog number.
Golden Anvil LLC will charge a price addition for control devices sold for nuclear applications. Any questions by the Buyer regarding equipment or pricing should be referred to Golden Anvil LLC for clarification.
18. Installation: Installation is not included.
19. Testing: Standard production tests are included. Factory witness test is not included, unless stated in Golden Anvil LLC’s quote and purchased.
20. Work Rules: Only work by Golden Anvil LLC technicians (employed or contracted) is included. Customer to provide third labor if, due to work rules or conditions, others must perform functions normally performed by Golden Anvil LLC Personnel. We assume that Golden Anvil LLC Personnel are allowed to work in accordance with Golden Anvil LLC’s normal work rules and practices. All work by Golden Anvil LLC technicians is during normal working hours, Monday through Friday, excluding holidays observed in the United States of America, unless specifically stated otherwise in the bid documents provided to an agreed upon by Golden Anvil LLC.
21. Field Training and Start-ups: Field trainings and start-up charges are $1,200 per day plus all expenses and $150 per hour is charged for overtime (after 8 hours of continuous work).
22. Interpretation: This document, together with the quote and/or Acknowledgement Receipt to which it is attached, is intended by the parties as a final and exclusive expression of their agreement
23. Assignment: Assignment of this document by the Buyer, except to an affiliate of Buyer, is prohibited unless consented to in writing by Golden Anvil LLC. Provided however, in the event of any assignment to an affiliate, Buyer shall remain liable for all obligations under this document.
24. Applicable Law: Golden Anvil LLC does not assume any responsibility for compliance with federal, state or local laws and regulations, except as expressly set forth herein, and compliance with any laws and regulations relating to the operation or use of the equipment is the sole responsibility of the Buyer. All laws and regulations referenced herein shall be those in effect as of the quote date. In the event of any subsequent revisions or changes thereto, Golden Anvil LLC assumes no responsibility for compliance therewith. If Buyer desires a modification as a result of any such change or revision, it shall be treated as a change order. Nothing contained herein shall be construed as imposing responsibility or liability upon Golden Anvil LLC for obtaining any permits, licenses or approvals from any agency required in connection with the supply, erection or operation of the equipment. This agreement shall be governed by the laws of the state of New Jersey, but excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods and excluding New Jersey law with respect to conflicts of law. Buyer agrees that all causes of action against Golden Anvil LLC under this Agreement shall be brought in the State Courts of the State of New Jersey. If any provisions hereof, partly or completely, shall be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision or portion hereof and these terms shall be held construed as if such invalid or unenforceable provision or portion thereof had never existed.
25. Acceptance: The attachment of a purchase order or any additional terms by the buyer to this document shall be for the Buyer’s convenience only. No terms or conditions set forth in such purchase order or additional terms shall be binding upon Golden Anvil LLC, and shall be deemed to be rejected by Golden Anvil LLC, unless agreed to in a separate document by Golden Anvil LLC and Buyer.
26. Warranty: Golden Anvil LLC shall transfer and assign any warranties that it receives from its manufacturers at no charge to the buyer. All warranties for Golden Anvil LLC equipment are dealt with on a case by case basis and will therefore be quoted separately.
27. Default/Attorneys Fees: Buyer acknowledges that the equipment and items delivered pursuant to this document are specially ordered. Accordingly Golden Anvil LLC has no such duty to liquidate damages by attempting to sell such equipment and items. In addition, Golden Anvil LLC has the right to demand and recover any and all fees and costs, including attorney’s fees, in enforcing the terms and conditions hereof, and/or in recovering damages by reason of the other’s breach of any terms and conditions.
28. Security Interest: Except with respect to Software (for which ownership shall not pass, use being licensed) ownership to equipment shall remain in Golden Anvil LLC until fully paid for. Notwithstanding any agreement with respect to delivery terms or payment of transportation charges, risk of loss or damage shall pass to Buyer upon delivery. In addition to other rights of Golden Anvil LLC at law or in equity, Golden Anvil LLC shall retain a purchase money security interest on all equipment or items sold and delivered hereunder until final payment for such item is made. This security interest shall also extend to all equipment and proceeds of such equipment or items. Buyer shall sign any required UCC Forms or other forms necessary to perfect Golden Anvil LLC’s lien. Additionally, if equipment or items sold hereunder are attached to real property, Golden Anvil LLC shall be entitled to a lien against any real property, whether such property belongs to Buyer or to any third party.
29. Limitation of Liability: Golden Anvil LLC shall not be liable in contract, tort or otherwise for any special, indirect, incidental or consequential damages whatsoever. The remedy of Buyer hereunder, and in connection with any use of the equipment or items covered hereby are exclusive where so stated, and the cumulative liability of Golden Anvil LLC, shall under no circumstances exceed the price of such equipment, upon which such liability is based.
30. Miscellaneous: This document may be executed in any number of counterparts, which together shall constitute one instrument. Amendment of this document has to be made in document and agreed upon by both parties. This document shall be binding upon and ensure to the benefit of the parties hereto and their successors and assigns. This document may be assigned by Golden Anvil LLC, in its sole discretion, provided that all of the provisions hereof shall continue in force and effect, and Golden Anvil LLC shall remain liable for any default by assignee.
If this document is not returned within ten (10) days upon receipt, it shall be deemed that Buyer agrees to the terms and conditions set forth and this document represents a valid and enforceable contract between Buyer and Golden Anvil LLC.
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