Sigma Switches Plus, Inc. RV Terms and Conditions and RV Parts Limited Warranty
The following conditions and warranty apply without exception to all sales by Sigma Switches Plus, Inc. for parts sold to Recreational Vehicle Manufacturers.
1) We do not accept or offer any terms, conditions, indemnities, or warranties of sale other than those contained in these terms and conditions. Any such terms, conditions, indemnities, or warranties of sale are hereby rejected.
2) Determination of the suitability of the product for the uses and applications contemplated by Buyer and others shall be the sole responsibility of Buyer. Buyer assumes the risks and liabilities for results obtained by the use of the product, whether used singly or in combination with other material, except those relating solely to the use of product not conforming to contracted specifications, which nonconformity is not known to Buyer, by testing, inspection or otherwise, prior to the use thereof by Buyer or others. Any suggestions or recommendations made by Seller concerning uses or applications of this product are believed to be reliable, but Seller makes no warranty or guarantee of results to be obtained since the condition of the use and application by Buyer and others are beyond Seller’s control. Seller makes no other warranty, express or implied, and no representative has authority to make any representations, promise or agreement, except as stated herein.
3) Buyer shall defend, indemnify and hold the Seller harmless from and against all claims, damages, liabilities, costs and expenses, including without implied limitation, reasonable attorney and paralegal fees arising from or connected with the possession, handling, processing or use of the product by Buyer or others, except as resulting solely from the use of products not conforming to the contracted specifications, if any, which nonconformity was not known to Buyer and was not discoverable by Buyer, by testing or otherwise, prior to the use thereof by Buyer or others. Seller may participate in the defense of any such claim for the further protection of its own interest.
4) All blanket orders must be used within 80% of the total quantity originally ordered. Less than 80% usage will result in a penalty of rebilling at the higher of quoted or PRICE LIST pricing.
5) We reserve the right to under or over ship ordered quantity up to 5%, as necessitated by varying production yields.
6) No term or condition on Buyer’s purchase order or any other instrument, agreement or understanding (unless expressly referred to on the face of the Sigma Switches quotation) shall be binding upon Sigma Switches.
7) Shipping dates given in advance of actual shipment are estimated, and deliveries will be made subject to prior orders on file with us. We shall not be liable for delays resulting from causes beyond our reasonable control or caused by fire, labor difficulties or delays in our usual sources of supply.
8) If, in our judgement, the financial condition of the Buyer at the time merchandise is ready for shipment does not justify the terms of payment specified, we reserve the right to require payment in cash before shipment or delivery.
9) All orders are subject to the acceptance of our main office, and, unless otherwise stated, all sales are made F.O.B. point of shipment, and such shipment or delivery shall be considered a separate and independent transaction.
10) No representative of the Company except the President has the authority to alter, vary or waive any of the forgoing standard conditions.
11) Notification of rejected shipments must be made in writing within 30 days of receipt of merchandise.
12) It is expressly understood that any technical advice furnished by Seller with reference to the use of its products is given without charge and Seller assumes no obligation or liability for the advice given or results obtained, all such advice being given and accepted at Buyer’s risk.
13) BUYER UNDERSTANDS THAT THE SIGMA SWITCH SHOULD NOT BE USED IN THE MOVEMENT OF ANY STRUCTURE AGAINST A WALL OR OTHER STRUCTURE AND THAT ADEQUATE SPACE OF AT LEAST 20 INCHES SHOULD AT ALL TIMES BE MAINTAINED BETWEEN STRUCTURES IN THE FULLY closed position to avoid catastrophic injury or death in the event of switch failure.
14) No modification of the above terms and conditions shall be effected by Seller’s receipt or acknowledgement of a purchase order containing additional or different conditions, as acceptance of this order is governed solely and exclusively by the conditions as stated herein.
All goods delivered hereunder are produced in compliance with the Fair Standards Act of 1938 as Amended.
We hereby certify that we did ship on the aforementioned shipment date(s), via aforementioned method of shipment(s) in accordance with shipping instructions issued by the ordering officer, supplies in the quantities shown hereon and that such supplies are consistent with the quantity and quality of items designated by the cited purchase order. This statement is furnished to support payment of invoice.
We hereby certify that these goods were produced in compliance with all applicable requirements of Sections 6, 7 and 12 of the Fair Standards Act, as amended and of regulations and orders of the United States Department of Labor issued under section 14 thereof.
RV PARTS LIMITED WARRANTY SIGMA SWITCHES PLUS, INC.
1) Our products are warranted to be free of defects in material and workmanship in normal use for a period of 1 year from the date we shipped. Our responsibility under this warranty is limited to replacing or repairing defective material and no other claims contingent or otherwise will be considered. This is the sole remedy and in lieu of all other warranties expressed or implied.
2) All warranty requests must be presented to the Company and proper arrangements must be made and approved by the factory prior to any work being done.
3) The Company will not be obligated in any way to pay for repairs made without its specific written approval in advance.
4) Except as described in this limited warranty, the Company will not pay any other charge or expenses including, without implied limitation, any charges for overtime labor, service calls, towing charges or transportation costs.
5) All defective products located in the lower 48 states shall be returned to the Company, for inspection, at our expense, unless directed otherwise. Return freight should be at the lowest cost, reasonably obtainable, or United Parcel Service ground.
Exclusions
1) Products that have been abused, exposed to the elements or otherwise used for any purpose not intended by the Company.
2) Commercial use of the unit containing our product.
3) Improper Use or installation of our product.
4) Failure to maintain adequate space of at least 20 inches between any part or structure moved by the switch and a corresponding wall or structure in a fully closed position.
ANY EXPRESS OR IMPLIED WARRANTY NOT PROVIDED HEREIN, INCLUDING WITHOUT IMPLIED LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY REMEDY FOR BREACH OF CONTRACT, WHICH BUT FOR THIS PROVISION MIGHT ARISE BY IMPLICATION OF OPERATION OF LAW, ARE HEREBY EXCLUDED AND DISCLAIMED. IF THEY CANNOT BE DISCLAIMED, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY LIMITED TO A TERM OF ONE YEAR. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO BUYER OR ANY OTHER PERSON FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT, TORT OR OTHERWISE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITAITON MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THIS LIMITED WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT AND IF SUCH WARRANTY FAILS BECAUSE ATTEMPTS AT REPAIR ARE NOT COMPLETED WITHIN A REASONABLE TIME, OR IT FAILS FOR ANY OTHER REASON, ANY DAMAGES ARE LIMITED TO THE LESSER OF EITHER THE COST OF NEEDED REPAIRS OR REDUCTION IN THE MARKET VALUE OF THE UNIT CAUSED BY THE LACK OF REPAIRS, IN ANY CASE.
The Seller neither assumes nor authorizes any other person to give any other warranty or to assume on its behalf any other obligation or liability.