1. ACCEPTANCE A. LS Industries' (“LS") “Standard Terms and Conditions Of An Equipment Sale" are an integral part of the Equipment Sale Proposal (for the sale of equipment or services described therein) to which they are attached and which LS submits to the Buyer (“Buyer"). Any contract that may arise from the Proposal, or any modifications or variations thereof, are expressly conditioned on Buyer's assent to these Terms and Conditions, to LS' review, and approval of Buyer's credit. The LS Proposal with the most current date supercedes all previous proposals, offers, agreements, understandings or conversations. Unless otherwise stated herein, Buyer has 30-days from the most current date on the Proposal to notify LS in writing at its Wichita, Kansas headquarters, of Buyer's offer to enter into a contract on the basis of the Proposal. Upon written confirmation from LS to Buyer that is has accepted Buyer's offer, a contract between Buyer and LS shall be formed as specified in the Proposal and its attachments.
2. DELIVERY/FREIGHT
A. Unless otherwise agreed, all orders are shipped collect and FOB: 710 E. 17th Street, Wichita, Kansas, 67214, USA. LS' delivery of Equipment to carrier, at point of shipment, shall constitute delivery of such Equipment to Buyer and Buyer shall assume all risk for subsequent loss or damage. LS will ship equipment the most cost effective way or by a carrier of Buyer's choice.
B. Upon delivery of the Equipment by the carrier, Buyer shall inspect Equipment. If there is any damage or shortage, the Buyer must file a freight claim immediately with the carrier company. IF THE EQUIPMENT IS DAMAGED, DO NOT ACCEPT DELIVERY OF THE EQUIPMENT.
C. Buyer, typically, has 15 days to file a claim for concealed damage. If Buyer determines that the carrier company damaged the Equipment, Buyer must request an inspection by the carrier company. Do not discard any of the packaging material. After the inspector determines the amount of the damage claim, it becomes the responsibility of the Buyer to either repair or replace the Equipment in accordance with the Warranty Policy. |
