Terms and Conditions of Sale
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Prices:
Prices shown on any quotation or proposal are valid for 90 days from date of
quotation unless otherwise noted.
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Sales and other taxes:
In the event any sales tax, manufacturer's tax, occupational tax, or other tax
is applicable to any shipment made to the buyer, such tax shall be added to the
selling price and shall be paid by the buyer.
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Shipping terms:
All prices are F.O.B. manufacturing plant, USA or Canada, and all
responsibilities and obligations of Corvus Energy hereunder are completed when
Corvus Energy delivers the goods, properly consigned to a common carrier of our
choice or to buyer's carrier. The delivery by Corvus Energy to such carrier
shall constitute delivery thereof to the buyer, and the goods are thereafter at
the buyer's risk. Shipping promises are made in good faith; shipping dates
appearing on acknowledgments of orders, or given the buyer in any other manner
are approximate. Further, prices quoted are based on continuous manufacture
for rates of delivery specified. Corvus Energy reserves the right to limit the
value and/or quantity of any one shipment.
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Changes:
No change in drawings or specifications or terms of sale may be made unless
specifically agreed to in writing and signed by an officer of Corvus Energy.
If such changes cause a material increase or decrease in Corvus Energy's cost
or in the time for performance of buyer's order, equitable adjustment in the
price and time for performance will be made by Corvus Energy, and buyer's
order, equitable adjustment in the price and time for performance will be made
by Corvus Energy, and buyer's order will be modified in writing accordingly.
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Limited lifetime warranty agreement:
Effective for all products manufactured by Corvus Energy after November 1,
2009. Please see the description of the limited lifetime warranty in our
contracts and on our website.
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Default of buyer:
In the event Buyer cancels the contract embodied in buyer's order and Corvus
Energy's acceptance thereof, in whole or in part, or such contract is canceled
by us because of default by the buyer, buyer shall pay us by reason of such
cancellation or default for all damages sustained, and shall pay for completed
units, shipped or not shipped, at the current price applicable to the total
quantity completed at the time of default.
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Force majeure:
Corvus Energy shall not be liable for any default or delay in delivery due to
causes beyond its control, such as acts of god, acts of the buyer, acts of
civil or military authority, fires, strikes, floods, delays in transportation,
government regulation (whether valid or not), or inability due to causes beyond
the control of Corvus Energy to obtain necessary engineering talent, labor or
materials. In the event of such delay, the delivery shall be extended for a
period equal to the time lost thereby.
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Penalty clauses:
No penalty clause of any description, in any quotation, specification,
acknowledgment or order, will be binding and effective unless approved in
writing and signed by an officer of Corvus Energy.
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Publication prices:
Prices shown in any Corvus Energy's publication are subject to change without
notice, and are not to be construed as a definite quotation or offer to sell by
Corvus Energy. Such literature is maintained only as a source of general
information, and any prices shown therein are subject to confirmation with a
specific quotation.
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Inconsistent provisions:
If buyer's acceptance of a quotation, proposal or acknowledgment of an order
contains verbal, written, printed or stamped provisions and conditions
inconsistent with the verbal, written, printed or stamped provisions and
conditions of the quotation, proposal or acknowledgment, the provisions and
conditions of Corvus Energy shall prevail. Acceptance of a quotation, proposal
or acknowledgment is expressly made conditional on buyer's assent and
acceptance to the terms and conditions contained in these terms and conditions.
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Terms of sale:
To concerns of established credit, net 30 days. 50% cash deposit with order
and final payment in full prior to shipping for all other concerns. For
customers purchasing products through leasing agencies, a 10% deposit is
required with final payment in full prior to shipping.
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Claims:
Except as provided in these terms and conditions or any other written
communication from Corvus Energy, all claims for shortages, delays or failures
in shipment or delivery, or for any other cause, shall be deemed waived and
released by buyer unless made in writing within ten (10) days after delivery of
the Corvus Energy products and/or components.
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