Unless otherwise specified, this quotation is based upon our delivery of the Equipment to you EX WORKS our facility in Albany, Georgia, according to Incoterms® 2020.
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Payment Terms, Rights, and Obligations
Our payment terms are net due upon your receipt of invoice unless these payment terms are modified by Flint Power Systems or unless the Equipment will depart the continental United States, in which case we require payment in full via wire transfer prior to shipment.
We will charge interest of 1.5% per month on all overdue invoices
Invoicing and Payment
We will invoice you for each milestone payment or change order.
Our wiring instructions will be provided with all invoices. Payment by wire transfer is our preferred method of payment.
Invoice Disputes
If you dispute an invoice or a portion of an invoice, you will notify us immediately in writing. You will timely pay the undisputed portion of any disputed invoice.
If an invoice dispute occurs, you and Flint Power Systems will attempt to agree upon the actions necessary to resolve the dispute. As soon as any agreed, corrective action has begun, you will immediately pay the disputed invoice or any balance due.
Cancellation Policy
You may cancel an order by notifying us in writing and paying us the following cancellation charges, which are based upon a percentage of the total contract price at the stage of completion when we receive notice of cancellation:
Except as provided in Section 5(B) (below), if you cancel the order at any time after the order is accepted by us, you will pay us 25% of the total contract price.
If you cancel the order after the Equipment is released to manufacture, you will pay us 100% of the total contract price.
Damages
otherwise provided in this quotation, and except to the extent included within a party’s contractual-indemnity obligations, neither party will be liable to the other party for remote or speculative damages; for lost profits, lost revenue, business interruption, or other loss-of-use damages; for reputational harm; for punitive or exemplary damages; or for breach-of-contract damages that the breaching party could not reasonably have foreseen on entry into any contract that results from this quotation.
If the Equipment will be furnished by you to a third party, you will obtain from such third party a provision affording us the same protections contained in this Section.
Acceptance
Your signature on this quotation, or your issuance of a purchase order or other acknowledgement by you for the Equipment, will constitute your acceptance of this quotation and these terms of sale.
Amendments and Change Orders
This quotation may only be amended with a written document signed by a representative of Flint Power Systems who has authority at least equal to the authority of the representative who signs this quotation.
Any change orders must also be contained in a written document signed by your duly authorized representative and accepted by us. Without a valid change order, we will not implement changes in our scope of supply.
If the parties’ agreement to an amendment or change order remains pending, we may suspend the original production schedule. We will inform you of any schedule changes required to meet the change in scope of supply.
We will invoice you for the added cost of any change orders at the nearest milestone payment.
Taxes, Tariffs, and Similar Charges
In addition to any amounts specified by this quotation, you will pay or reimburse us for the gross amount of any taxes, tariffs, duties, or similar charges applicable to the price, sale, or delivery of any products or services furnished by us.
If you claim any exemption of the foregoing, you will furnish us with evidence of the exemption that is acceptable to the relevant taxing authorities.
Pricing
All prices represent those in effect at the time of quotation and are subject to change without notice. Unless prices are bid or quoted as "firm", Company reserves the right to invoice at prices in effect at date of shipment, regardless of prior bid and whether notice was received by Buyer. Prices are stated in United States dollars, are exclusive of sales, use, excise or similar taxes and are subject to any price adjustment necessitated by Company's compliance with any act of government. Any tax or other governmental charge upon the production, sale, shipment, or use of the product which Company is required to pay or collect from Buyer shall be paid by Buyer to Company unless Buyer furnishes Company with a tax exemption certificate acceptable to the appropriate taxing authority. Any changes as may occur on or prior to dates of shipment in applicable tariffs, freight rates or transportation charges and any prepayment by Company of freight charges shall be for the account of Buyer and shall be paid by Buyer with and in addition to the purchase price.
Export packaging or any other special handling requested by Buyer will be at its
expense.
Additional Terms and Conditions
The scope of supply of this quotation is limited to the Equipment listed in Part 2.
Unless otherwise agreed in this quotation or in a duly executed amendment to this quotation, you will be responsible for insuring the Equipment in transit and for installing the Equipment or packaging at its destination.
For any completed order scheduled for shipment that is held, delayed, or rescheduled at your request, we may, at our sole option, ship to storage, invoice, and transfer title, all at your sole cost and risk of loss.
We reserve the right to correct any errors or omissions in this quotation.
This quotation and any amendments or change orders may be executed in multiple counterparts, each of which will be an original and all of which taken together will constitute one and the same instrument. Each party agrees that an electronic or e-mail transmission of any signature (including a PDF) will be binding.
Limited Warranties and Disclaimers
Flint Power Systems’ Standard Two (2) year 2000-hour warranty applies to referenced Deere products. The warranty statements on Deere branded parts are available upon request.
Warranty statements for other Equipment in this quotation are attached to this quotation or can be found on the manufacturers’ websites or supplied upon request. Factory-approved distributors (such as Flint Power Systems) will administer all warranty claims in accordance with each manufacturer’s warranty that are applicable.
Except as provided in this quotation or as required by applicable law, we disclaim all other express or implied warranties, including, but not limited to the warranty of fitness for a particular purpose: the warranty of merchantability.
