Diamond Drilling Products
TERMS and WARRANTY
Effective February 1, 1997
PAYMENT ON DELIVERY. PRE-APPROVED ACCOUNT PAYMENT NET 30 DAYS WITH VENUE IN HARRISON COUNTY, TEXAS. 1-1/2% PER MONTH INTEREST ADDED ON PAST DUE ACCOUNTS. BIT-TECH SHALL HAVE A SECURITY INTEREST IN THE LEASEHOLD UNTIL PAID FOR GOODS USED ON SUCH.
WARRANTY AND PRODUCT LIABILITY:
Due to the uncertainties of subsurface conditions and hazards in and about wells over which BIT-TECH has no control, BIT-TECH warrants that products sold by it shall be of BIT-TECH's standards quality and not that they will accomplish any particular result. Liability under this warranty is limited to the replacement of or credit for defective parts or products.
Other than the foregoing, BIT-TECH makes no warranties or representations, express or implied, including warranties or merchantability or fitness for a particular purpose. The warranty stated herein extends only to the first user to whom BIT-TECH or its dealer delivers such products.
BIT-TECH warrants each industrial product to be free from defects in material and workmanship for six months from date of shipment, but not exceed ninety days of service.
The obligation under this warranty, statutory or otherwise, is limited to the replacement or repair at the manufacturer's factory, or at a point designated by the manufacturer of such parts as shall be found by the manufacturer, upon inspection at such point, to have been defective in material or workmanship.
This warranty does not obligate the manufacturer to bear the cost of labor or transportation charges in connection with the replacement or repair of defective parts, nor shall it apply to a product upon which repairs or alterations have been made unless authorized by the manufacturer.
No other express warranty is given and no affirmation of BIT-TECH, its agents, employees or representatives, by words or actions, shall constitute a warranty.
BIT-TECH SHALL IN NO EVENT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR CONTINGENT LIABILITIES ARISING OUT OF THE FAILURE OF ANY PRODUCT OR PARTS TO OPERATE PROPERLY.
LIMITED WARRANTY, EXCLUSIVE REMEDIES OF BUYER
BUYER ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER ASSERTION WITH RESPECT TO THE CONDITION OF THE GOODS, BUT IS RELYING UPON ITS EXAMINATION OF THE GOODS. BUYER TAKES THE GOODS UNDER THE EXPRESS UNDERSTANDING THAT THE EXCLUSIVE REMEDIES OF BUYER UNDER THIS CONTRACT ARE: (1) THE RETURN OF CONFORMING GOODS TO SELLER AND THE REIMBURSEMENT OF THE PURCHASE PRICE FROM SELLER; AND (2) THE REPAIR AND REPLACEMENT OF NONCONFORMING GOODS. IT IS THE INTENT OF THE PARTIES THAT THE REMEDIES LISTED IN THIS AGREEMENT ARE THE SOLE REMEDIES AVAILABLE TO THE PARTIES AND NOT CUMULATIVE OF THOSE PROVIDED BY THE TEXAS BUSINESS & COMMERCE CODE-SALES. IN THE EVENT OF A BREACH OR REPUDIATION OF THE CONTRACT BY SELLER, BUYER SHALL NOT BE ENTITLED TO ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES AS DEFINED IN THE TEXAS BUSINESS & COMMERCE CODE-SALES.
SPECIAL ORDER BITS ARE NOT RETURNABLE. STANDARD BITS THAT ARE COMMONLY STOCKED ARE SUBJECT TO THE RETURN AGREEMENT MADE BETWEEN THE BIT-TECH REPRESENTATIVE AND THE END USER. SALES BY PURCHASE ORDER TO RESELLERS ARE NOT RETURNABLE. ANY COMMONLY STOCKED STANDARD BITS THAT MAY BE RETURNED WILL BE SUBJECT TO A COST OF MONEY CHARGE IF RETURNED 30 DAYS OR MORE AFTER DELIVERY.
E-Mail to email@example.com
SCOTT STRANGE, President
P.O. Box 1298 - 510 Spur 156 - Waskom, Texas 75692
Phone 903-687-3822 - FAX 903-687-2247