Terms and Conditions of Sale

1. General Terms and Conditions of Sale

Payment Terms: Net 30 Days

FOB Point: Charlotte, North Carolina USA

Routing: Unless a purchase order specifies a preferred routing, shipments will be made by the most economical means with the freight charges “collect”. Exception to this will be carriers which require payment in advance.

Returned Goods: To return goods, the Buyer must get approval from KOERNER and must obtain an authorization number (RGA #) from KOERNER Customer Service Department. Only parts that are under current warranty can be accepted. A restocking charge at least 25% of the original purchase price will be applied. Large quantity returns, if accepted, are subject to prior approval.

Cancellations: Cancellations, if accepted, will be subject to a charge of at least 25% of the original purchase price.

Warranty and Liability: Please refer to “KOERNER Limited Warranty and Limitation of Liability” and the attached “KOERNER Intellectual Property Terms and Conditions”.

ALL KOERNER TERMS AND CONDITIONS OF SALE
ARE SUBJECT TO CHANGE

2. KOERNER Limited Warranty and Limitation of Liability

For the limited purpose of this LIMITED WARRANTY AND LIMITATION OF LIABILITY, ROLF KOERNER, LLC, a North Carolina USA company, is hereinafter referred to as “KOERNER”. KOERNER is solely responsible for its products and warranty, and any other obligations pursuant to any agreement or otherwise.

KOERNER warrants products sold by it to be free from defects in material and workmanship, under normal use and service, for a period of eighteen (18) months from the date of KOERNER’s shipment of the products to the original Buyer, or for a period of twelve (12) months from the date the product is first placed in operation, whichever comes first (hereinafter referred to as the “warranty period”), subject to the following:

KOERNER during the warranty period will, at its option, refund the purchase price, repair or replace any product, which under normal conditions proves to be defective in material or workmanship. No charge will be made for labor or parts with respect to defects covered by this warranty, provided that the work is completed by KOERNER. However, this warranty does not cover expenses incurred in the removal and reinstallation of any product, whether or not proven defective.

To obtain protection under this warranty, Buyer shall provide KOERNER with written notice of the alleged defect along with the purchase receipt or other proof that the product is within warranty period. All warranty claims are subject to KOERNER’s inspection of the product and KOERNER’s determination of a defect prior to KOERNER’s acceptance of a warranty claim and issuance of the applicable credit for shipping charges, repairs, replacement or refund. Buyer shall be obligated for all costs, expenses, charges and risk of loss for shipment of the non-conforming product to KOERNER. However, shipping charges will be credited to Buyer after KOERNER’s acceptance of a warranty claim.

Specifically excluded from the warranty are any claims arising as a result of improper use, neglect, abuse, improper operation or filtration, extreme temperatures, or unauthorized service or parts and Buyer’s failure to comply with all installation, operation and maintenance requirements and specifications provided to Buyer by KOERNER. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No attempt to alter, amend or extend this warranty shall be effective unless in writing and signed by an executive officer of KOERNER.

KOERNER will not be liable for any consequential, incidental, special, punitive, exemplary or other damages (including but not limited to, damages resulting from commercial or economic loss) or costs and expenses (including, but not limited to, attorneys’ fees and litigation costs), incurred as a result of any claim whether based on breach of warranty or otherwise. In no event shall KOERNER’s liability exceed the cost of repairing or replacing the product which gives rise to any claim or refunding the purchase price of the product which gives rise to any claim.

Any sale, resale, use, lease, assignment or other transfer of KOERNER products shall be made pursuant to and limited by the above-stated terms.

Intellectual Property Terms and Conditions
Trademarks: All trademarks, trade names, or other identifying marks (collectively referred to as the “marks”) now or hereafter registered or used by KOERNER are its property and Buyer’s use of these marks must be approved in advance in writing by KOERNER and shall be limited to use on or in connection with KOERNER products. KOERNER reserves the right to review, approve or restrict the use of all printed materials bearing any KOERNER mark. Buyer shall, under no circumstances use any KOERNER mark as part of a corporate name. If Buyer is required to register under any statute for registration of a fictitious business name bearing any KOERNER mark, Buyer shall register in a form approved by KOERNER.

Copyright: Any written materials supplied by KOERNER are its property and Buyer’s use of these materials must be approved in writing by KOERNER. KOERNER at all times reserves the right to review, approve or inspect the use of all supplied written materials. No copies may be distributed by Buyer without bearing KOERNER’s copyright notice in the following form:

Patents: KOERNER, at its sole discretion, may prosecute any infringement of KOERNER patents. In the event that KOERNER elects to prosecute alleged patent information, Buyer shall render such assistance to KOERNER as may be reasonably necessary to carry out such prosecution. Furthermore, Buyer shall immediately inform KOERNER of any known infringements of KOERNER’s patents and of any and all known or claimed patent infringements relating to goods supplied or manufactured by KOERNER.

Warranties and Limits of Liabilities: KOERNER MAKES NO WARRANTY WITH RESPECT TO AND SHALL NOT BE LIABLE TO BUYER FOR ANY DAMAGES RELATING TO ANY TRADEMARK, PATENT AND/OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT ARISING FROM: (i) GOODS MANUFACTURED ACCORING TO BUYER’S DESIGN OR SPECIFICATIONS; AND (ii) USE OF THE GOODS IN CONJUNCTION OR COMBINATION WITH ANY OTHER GOODS NOT FURNISHED BY KOERNER WHERE INFRINGEMENT WOULD NOT HAVE OCCURRED BUT FOR SUCH USE. With respect to any claimed infringements ARISING OUT OF (i) or (ii) above, Buyer shall indemnify KOERNER for any and all losses and damages by KOERNER as a result thereof. KOERNER SPECIFICALLY DISCLAIMS ANDY LIABIITY WITH RESPECDT TO PROCESS PATENTS OF OTHERS INVOLVING THE MANNER IN WHICH THE GOODS MAY BE INSTALLED, APPLIED OR USED.

Where KOERNER goods are adjudged by a court of competent jurisdiction to infringe upon any trademark, patent or other intellectual property right, or where KOERNER written materials are adjudged to infringe upon any copyright, KOERNER shall have the right to repair, replace or otherwise remove the patent, trademark, copyright or other intellectual property infringement. In such circumstances, KOERNER’s liability is limited to the refund of the costs of the goods or the written materials. In any all circumstances, KOERNER shall not be responsible for any consequential, incidental, special, punitive, exemplary or other damages.

Any sale, resale, use, lease, assignment or other transfer of KOERNER products shall be made pursuant to and limited by the above-stated terms.

 

For Additional Information or Sales Inquiries:

704.714.8866
Fax: 704.714.3504
info@rolfkoerner.com

Rolf Koerner, LLC
514 Springbrook Road
Charlotte, NC 28217