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J. D. Gould Company, Inc.
4707 Massachusetts Avenue
P.O. Box 18128
Indianapolis, IN 46218–0128


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Terms and Conditions

TERMS AND CONDITlONS OF SALE

The J. D. Gould Company, Inc. (herein “seller”) agrees to sell its products on the following terms and conditions of sale which supersede any additional or inconsistent terms and conditions of purchase of the buyer. Any alterations of the seller’s terms and conditions of sale shall have no force or effect unless otherwise agreed to in writing.
Terms and conditions of sale as set forth herein, or as modified by written agreement, shall constitute the entire contract between the buyer and the seller. The failure of either buyer or seller to enforce any rights under the contract of sale shall not constitute a waiver of such rights or any other rights under the contract of sale.

1. Orders are subject to acceptance by seller in Indianapolis. Prices, discounts, designs and specifications are subject to change without notice. Sales will be invoiced at prices prevailing at time of shipment. Prices are F.O.B. Indianapolis. Quotations automatically expire thirty (30) calendar days from the date issued and are subject to termination by notice written within that period. Subject to establishment of satisfactory credit, terms are strictly net cash thirty days from date of invoice payable in Indianapolis funds. Orders are not subject to cancellation or change in specifications, shipping schedules or other conditions originally agreed upon without seller’s written consent. All clerical errors are subject to correction.

2. Seller shall not be liable in any way for any delay in shipping due to contingencies beyond its control, or the control of its suppliers or subcontractors, which prevents or interferes with the seller making delivery on the date specified, including but not limited to war, or restraints affecting shipping, delivery of materials or credit as a result of war or war restrictions, non-arrival, delay or failure to procure materials as a result of war or war restrictions, rationing of fuel. strikes, lockouts, fires, bombing, accidents, floods, droughts and any other contingency affecting the seller, its suppliers or sub-contractors; and the seller shall have the right to cancel a contract of sale or to extend the shipping date in the event that one or more of such contingencies prevent or delay shipment. In the event of delayed or extended shipping dates due to the above causes, and the buyer changes shipping instructions, any additional shipping charges shall be paid by the buyer as a part of the purchase price.

3. In the absence of directions, goods will be shipped by the method and via carrier seller believes dependable. Seller not responsible for loss, delay, damage or breakage after delivery to the transportation company. All claims for breakage, loss, delay and damage should be made to carriers, but seller will render buyer all possible assistance in securing satisfactory adjustment of such claims.

4. In the case of returns for repair due to causes not covered by seller’s warranty, the buyer should notify the seller in writing and, after receipt of shipping advice, the buyer may return it to the J. D. Gould Company, Inc., 4707 Massachusetts Avenue, Indianapolis, Indiana 46218, for prompt attention. Seller will if possible put such equipment in operating condition at the lowest possible cost. When necessary to make a return give all possible information regarding the trouble experienced and complete details of the installation with which the product was used.

5. No returns for credit will be accepted unless seller’s permission has been obtained in each case in advance. Only sizes and designs taken from seller’s regular line which are in active demand can be accepted for credit. Credit will be based on prices prevailing at the time of return, or invoiced price, whichever is lower, subject to deduction for handling and an additional deduction for expenses incurred in restoring goods to saleable condition. Obsolete or specially manufactured goods can be accepted for return or credit only at the time an order is submitted with exemption certificates or other documents acceptable to taxing or customs authorities.

6. Any manufacturer’s excise tax, use tax, sales tax or tax or duty of any nature whatsoever arising out of or assessed against orders, shall be added to the prices quoted or invoiced and shall be paid by the buyer; and in the event seller is required to pay any such taxes or duties the buyer shall reimburse seller therefore unless buyer shall provide seller at the time an order is submitted with exemption certificates or other documents acceptable to taxing or customs authorities.

7. The contract of sale and the respective rights and obligations of the buyer and seller with regard thereto shall be governed by and construed according to the laws of the State of Indiana.

8. Attached to each valve sold here under which cannot safely be used in the transmission of hazardous, toxic, or flammable liquids or gases or which is subject to other restrictions on use is an adhesive label containing an appropriate warning. Purchaser agrees to and does hereby indemnify and hold seller harmless from all liability and expense resulting in whole or in part from the failure of the purchaser to transmit the warning conspicuously to the ultimate user of said valve or any product in which said valve is incorporated as a part thereof.

LIMITED WARRANTY

Subject to the provisions hereinafter set forth, J. D. GOULD COMPANY, INC. “Seller” warrants, solely to its purchaser, “Purchaser,” that at the time of shipment by the Seller, products manufactured by it and which bear its’ nameplate, if properly installed and used, will be free from defects in material or workmanship for a period of one (1) year after the date of the original shipment of the merchandise by Seller. No distributor, dealer or any other entity or person is authorized to expand or alter this warranty or any other provision of this agreement. Any representation other than the warranties set forth in this agreement will not bind Seller.

As Purchaser’s sole remedy for a failure of the merchandise during the warranty period for reasons covered under this Limited Warranty, Seller, after inspection of the merchandise, will either repair or replace, at its sole option, the merchandise and return the merchandise or its replacement, freight collect. to the Purchaser, of with prior written permission of Seller said merchandise is received by Seller, freight prepaid by Purchaser, at Seller’s plant at 4707 Massachusetts Avenue, Indianapolis, Indiana 46218.
Purchaser assumes the full responsibility for the selection of the merchandise to achieve its intended results, and for the installation, use and results obtained from the merchandise. Purchaser assumes the whole risk for the quality and performance of the merchandise.

Seller does not warrant that the merchandise will meet with Purchaser’s requirements or that operation of the merchandise will be uninterrupted of error-free. This Limited Warranty does not cover damages due to misuse, neglect, tampering, abuse, accident, alteration, repair, usage not in accordance with the product instructions, or improper installation.
This Limited Warranty does not cover costs relating to the removal or replacement of the merchandise.

This Limited Warranty does not apply to merchandise which is used in connection with the transmission of hazardous, toxic and flammable fluids and gases, unless expressly designated for such use by Seller or indicated on Seller’s label attached to said merchandise, or from which the nameplate has been removed, defaced or altered, or which has been used other than for general commercial purposes. (The Product is not suitable for residential use.)

Seller shall have the right to inspect all merchandise returned to it or for which Purchaser is making a claim under this Limited Warranty to determine whether the merchandise is within this Limited Warranty, including, but not limited to the right to determine whether the merchandise is defective, whether the same has been returned to the Seller within the warranty period, whether the merchandise should be repaired or replaced, and whether there is any evidence of misuse, neglect, tampering, abuse, accident, alteration, repair, usage not in accordance with the product instructions, or improper installation. Any such determination made by the Seller shall be conclusive and binding upon all interested parties.

Under no circumstances will the Seller be responsible for damages incurred in the shipment to the Seller, or from the Seller, of the merchandise, and the owner of said merchandise agrees that in the case of any such shipment, the carrier is and shall be his agent for all purposes and under no circumstances the agent of the Seller.

Components manufactured by any supplier other than Seller shall bear only that warranty made by the manufacturer of that product.

EXCEPT AS STATED ABOVE IN THIS AGREEMENT, THE MERCHANDISE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND AND THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTY OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SELLER MAKES NO EXPRESS WARRANTIES BEYOND THOSE STATED HEREIN. SELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD.

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SELLER BE LIABLE TO PURCHASER FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, LOST REVENUES, LOST SAVINGS, DOWNTIME, GOODWILL, DAMAGE TO OR REPLACEMENT OF EQUIPMENT OR PROPERTY ARISING OUT OF THE USE OF THE MERCHANDISE, OR INABILITY TO USE THE MERCHANDISE, EITHER SEPARATELY OR IN COMBINATION WITH ANY OTHER EQUIPMENT, AND WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OR CONTRACT, OR OTHERWISE, AND EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL SELLER’S LIABILITY OF DAMAGES TO THE PURCHASER EVER EXCEED THE PURCHASE PRICE OF THE MERCHANDISE.

Some states do not allow limitations on the terms of an implied warranty or the exclusion or limitations of or consequential damages. In such states, any non-permissible provision of this contract shall be ineffective, but the Limited Warranty shall be valid and enforceable to the greatest extent permissible under the applicable laws of the particular state. Except as specifically unenforceable as to local law as to any particular part thereof. this warranty shall be governed and construed according to the laws of the State of Indiana. This warranty gives specific legal rights and the original Purchaser may also have rights which vary from state to state.