In the event that contrary language is contained in the buyer’s purchase order, confirming order, or terms and conditions of sales, each purchase and sale transaction shall be governed exclusively by the Company’s standard terms and conditions of sale.
    Each purchase order shall not become binding upon the Company until it has been accepted by an officer or the division sales manager at its headquarters in Cleveland, Ohio.
    All orders must show complete description of equipment, quantity, price, and shipping date(s) required by the buyer.

    Terms of payment are net 30 days from the date of invoice unless otherwise stated in the Company’s quotation.
    The Company reserves the right to make partial shipments and render invoices accordingly.

    In addition to the price of the equipment, the buyer agrees to pay all sales, use, personal property, excise, and any other taxes which may be levied, assessed, or imposed upon the sale of the equipment.
    If the buyer is exempt from the payment of any specific tax which would otherwise be applicable, it shall be the responsibility of the buyer to furnish to the Company proper exemption certificates at time of order placement.
    The Company warrants the equipment to be free from defects in material and workmanship under normal use, proper installation and proper operating conditions. Except as to warranties of titles, this limited warranty is expressly in lieu of and excludes and supersedes all other warranties and representations, express or implied, from the company, including any implied warranty of merchantability or fitness for any particular use.
    The Company’s liability under this limited warranty shall be limited to repairing or replacing any parts which prove defective, at its factory in Cleveland, Ohio, if returned to the Company’s said factory with shipping charges prepaid, within a period of 6 months from the date of shipment. There shall be no liability for anticipated profits, nor consequential or incidental damages, direct or indirect, for loss of use of the equipment or of any installation into which the equipment may be put under this limited warranty.
    The Company’s liability for warranty of component parts included in the equipment which the Company has purchased as a manufactured unit from a recognized manufacturer thereof, shall be no greater than the warranty liability assumed by the supplier or manufacturer of such component parts. In no event shall the Company be liable for consequential or incidental damages resulting directly or indirectly from the failure of such component parts.
    It is the Company’s policy that it is the responsibility of the employer-owner of the equipment, and not the Company, to comply with the provisions and regulations under the Occupational Safety & Health Act of 1970 (hereinafter OSHA) as well as any other federal, state or local standards which might exist as to health and safety. In no event shall the Company be liable for any direct, incidental or consequential damages, either direct or indirect, arising out of or resulting from the operation of equipment sold by the company, as such operation pertains to OSHA or any other federal, state or local standards which might exist regarding health and safety.

    The shipping dates given by the Company are approximate, and the Company will use its best efforts to meet these dates.
    The Company shall not be liable for delay or non-delivery due to causes beyond its reasonable control, by tardy approval drawings, and including but not limited to acts of God, casualty, acts of civil or military authority, labor disputes, transportation, material supply difficulties, or any interruption of its facilities due to extended power failures, lack of fuel, governmental laws, ordinances, rules and regulations whether valid or invalid.

    Equipment of which manufacture or delivery is delayed by request of the buyer may be placed in storage by the Company either in the Company’s plant or elsewhere as may actually be agreed upon. All costs and risks for such storages will be for the buyer’s account.

    Return of equipment or parts for credit will be permitted only after written authorization and shipping instructions have been obtained by an officer or division sales manager at the Company’s headquarters in Cleveland, Ohio. All costs of handling and all transportation charges are to be made by the buyer direct to the carrier.

    The buyer may cancel an order only with the written approval of an officer of the Company headquarters in Cleveland, Ohio. The buyer shall pay to the Company the reasonable costs and expenses for any equipment manufactured, work in progress, engineering, and cancellation charges which may be incurred by the Company from its suppliers and subcontractors, plus the Company’s usual rate of profit for similar work.

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