Terms and Conditions 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 to 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 sub-contractors, which prevents or interferes with the seller making delivery on the date specified, including but not limited to war, or restraints affecting shipping, delivery or materials, or credit as a result or war or war restrictions, non-arrival, delay of failure to procure materials as a result of war or war restrictions, rationing 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 is 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./li>
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 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 hereunder 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.