Parker Hannifin Corporation
Fluid System Connectors
Otsego, Michigan
O9
Catalog 3501E
Offer of Sale
1.
Terms and Conditions. Seller’s willingness to offer Products, or
accept an order for Products, to or from Buyer is expressly con-
ditioned on Buyer’s assent to these Terms and Conditions and to
the terms and conditions found on-line at
www.parker.com/sale-
terms/. Seller objects to any contrary or additional term or condi-
tion of Buyer’s order or any other document issued by Buyer.
2.
Price Adjustments; Payments. Prices stated on the reverse
side or preceding pages of this document are valid for 30 days.
After 30 days, Seller may change prices to reflect any increase
in its costs resulting from state, federal or local legislation, price
increases from its suppliers, or any change in the rate, charge,
or classification of any carrier. The prices stated on the reverse
or preceding pages of this document do not include any sales,
use, or other taxes unless so stated specifically. Unless otherwise
specified by Seller, all prices are F.O.B. Seller’s facility, and pay-
ment is due 30 days from the date of invoice. After 30 days, Buyer
shall pay interest on any unpaid invoices at the rate of 1.5% per
month or the maximum allowable rate under applicable law.
3.
Delivery Dates; Title and Risk; Shipment. All delivery dates
are approximate and Seller shall not be responsible for any
damages resulting from any delay. Regardless of the manner of
shipment, title to any products and risk of loss or damage shall
pass to Buyer upon tender to the carrier at Seller’s facility (i.e.,
when it’s on the truck, it’s yours). Unless otherwise stated, Seller
may exercise its judgment in choosing the carrier and means of
delivery. No deferment of shipment at Buyers’ request beyond the
respective dates indicated will be made except on terms that will
indemnify, defend and hold Seller harmless against all loss and
additional expense. Buyer shall be responsible for any additional
shipping charges incurred by Seller due to Buyer’s changes in
shipping, product specifications or in accordance with Section 13,
herein.
4.
Warranty. Seller warrants that the Products sold hereun-
der shall be free from defects in material or workmanship for a
period of twelve months from the date of delivery to Buyer or
2,000
hours of normal use, whichever occurs first. This warranty
is made only to Buyer and does not extend to anyone to whom
Products are sold after purchased from Seller. The prices charged
for Seller’s products are based upon the exclusive limited warran-
ty stated above, and upon the following disclaimer: DISCLAIMER
OF WARRANTY: THIS WARRANTY COMPRISES THE SOLE
AND ENTIRE WARRANTY PERTAINING TO PRODUCTS PRO-
VIDED HEREUNDER. SELLER DISCLAIMS ALL OTHER WAR-
RANTIES, EXPRESS AND IMPLIED, INCLUDING MERCHANT-
ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5.
Claims; Commencement of Actions. Buyer shall promptly
inspect all Products upon delivery. No claims for shortages will be
allowed unless reported to the Seller within 10 days of delivery.
No other claims against Seller will be allowed unless asserted in
writing within 60 days after delivery or, in the case of an alleged
breach of warranty, within 30 days after the date within the war-
ranty period on which the defect is or should have been discov-
ered by Buyer. Any action based upon breach of this agreement
or upon any other claim arising out of this sale (other than an
action by Seller for any amount due to Seller from Buyer) must
be commenced within thirteen months from the date of tender of
delivery by Seller or, for a cause of action based upon an alleged
breach of warranty, within thirteen months from the date within
the warranty period on which the defect is or should have been
discovered by Buyer.
6.
LIMITATION OF LIABILITY. UPON NOTIFICATION, SELLER
WILL, AT ITS OPTION, REPAIR OR REPLACE A DEFECTIVE
PRODUCT, OR REFUND THE PURCHASE PRICE. IN NO
EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY SPE-
CIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAM-
AGES ARISING OUT OF, OR AS THE RESULT OF, THE SALE,
DELIVERY, NON-DELIVERY, SERVICING, USE OR LOSS OF
USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR
ANY CHARGES OR EXPENSES OF ANY NATURE INCURRED
WITHOUT SELLER’S WRITTEN CONSENT, EVEN IF SELLER
HAS BEEN NEGLIGENT, WHETHER IN CONTRACT, TORT OR
OTHER LEGAL THEORY. IN NO EVENT SHALL SELLER’S LI-
ABILITY UNDER ANY CLAIM MADE BY BUYER EXCEED THE
PURCHASE PRICE OF THE PRODUCTS.
7.
Contingencies. Seller shall not be liable for any default or
delay in performance if caused by circumstances beyond the
reasonable control of Seller.
8.
User Responsibility. The user, through its own analysis and
testing, is solely responsible for making the final selection of the
system and Product and assuring that all performance, endur-
ance, maintenance, safety and warning requirements of the
application are met. The user must analyze all aspects of the
application and follow applicable industry standards and Product
information. If Seller provides Product or system options, the user
is responsible for determining that such data and specifications
are suitable and sufficient for all applications and reasonably
foreseeable uses of the Products or systems.
9.
Loss to Buyer’s Property. Any designs, tools, patterns, materi-
als, drawings, confidential information or equipment furnished by
Buyer or any other items which become Buyer’s property, may
be considered obsolete and may be destroyed by Seller after two
consecutive years have elapsed without Buyer placing an order
for the items which are manufactured using such property. Seller
shall not be responsible for any loss or damage to such property
while it is in Seller’s possession or control.
OFFER OF SALE
The items described in this document and other documents and descriptions provided by Parker Hannifin Corporation, its
subsidiaries and its authorized distributors (“Seller”) are hereby offered for sale at prices to be established by Seller. This offer
and its acceptance by any customer (“Buyer”) shall be governed by all of the following Terms and Conditions. Buyer’s order
for any item described in its document, when communicated to Seller verbally, or in writing, shall constitute acceptance of this
offer. All goods or work described will be referred to as “Products”.