86
POLICY
This catalog replaces previous catalogs issued by Laclede Chain Mfg. Company
LLC. Prices, specifications, and availability are subject to change without
notice, with prices in effect at the time of order. Terms: Net 30 Days. Freight:
F.O.B Shipping point, freight prepaid and allowed at lowest published tariff
rates on shipments of $3,500 or more. Less than $3,500, F.O.B. Shipping
Point. Welded chain dimensions +/- 2%. Our chain is produced to ASTM and
NACM specifications, though some link dimensions that are unique for specific
applications (long-link proof coil as shown in the Laclede tables.) Minimum order:
net $300, all items.
LIMITED WARRANTY/CONDITION OF SALE
1 //
If Buyer shall fail to comply with any provision or fail to make payments in
accordance with the terms of this contract or of any other contract between Buyer
and Seller, Seller may at its option defer shipments or, without waiving any other
rights, terminate this contract. All deliveries are subject to the approval of Seller’s
Credit Department. Seller reserves the right before making any delivery to require
payment, in cash or security for payment: and if Buyer fails to comply with such
requirement, Seller may terminate this contract.
2 //
Title to the products sold hereunder shall pass to the carrier at the point
of shipment. Neither Buyer nor the consignee shall have the right to divert or
reconsign such shipment to any destination other than specified in the bill of lading
without permission of Seller in any case where freight rates are used in determining
prices. Unless otherwise agreed, Seller reserves the right to select the mode of
transportation.
3 //
Seller shall not be responsible for the results of any technical advice in
connection with the design, installation, or use of the products sold hereunder.
4 //
If the Buyer terminates this contract before it is fully performed by the Seller,
the Seller shall have all rights and remedies provided by law.
5 //
Failure of either party to enforce any right here under shall not waive any right
in the respect of other or future occurrences.
6 //
Unless otherwise specified and agreed upon, all materials shall be furnished
subject to the Seller’s practices, tolerances, and variations. The Seller reserves the
privilege of shipping overages or underages of weight, length, size and/or quantity
in accordance with such of the Seller’s standard practices may be applicable to the
material to be furnished on account of this order.
7 //
Changes in specifications are subject to the approval of Seller: requests
for such approval are to be furnished at least 30 days before scheduled date of
shipment.
8 //
In addition to the prices stated herein, Buyer agrees to pay the seller the
amount which, with respect to any undeliverable portion of this contract, the Seller
is required to pay the Federal Government or to any State, or is required to assume,
an account of legislation or administrative orders not now existing.
9 //
In addition to the price stated herein, Buyer agrees to pay to the Seller interest
on account past due at 1.50% per month or the maximum allowable interest rate by
applicable law, whichever is lower; all collection costs include attorney’s fees, court
costs, and other costs involved in the collection of any accounts past due.
10 //
Deliveries are subject to delay due to labor disputes, floods, fires, marine
disasters, failure of transportation facilities, war, or laws, rules, regulations or orders
of any Government, or any other cause whatsoever beyond Seller’s control subjects
deliveries under this contract to a similar delay.
11 //
Default, delay, or defect in any one or more deliveries shall not affect the
balance of this contract.
12 // SELLER WARRANTS THE GOODS COVERED BY THIS ORDER TO BE
MERCHANTABLE. BUYER AND SELLER AGREE THAT NO WARRANTIES AS
TO FITNESS FOR ANY SPECIFIC PURPOSE, APPLICATION, OR USE OR ANY
OTHER WARRANTIES EXPRESS OR IMPLIED HAVE BEEN MADE OR SHALL
APPLY.
Seller shall not be liable for any special or consequential damages for
breach or warranty, whether express or implied, including without limitation any
expense of the use, handling, or sale of defective products. Seller’s sole liability
and Buyer’s exclusive remedy for breach of any warranty, being expressly limited at
Seller’s option, to the repair of defective products or the replacement thereof at the
original F.O.B. point or the repayment of the purchase price. Any claim for breach
of warranty shall be deemed waived unless Buyer shall give Seller written notice of
such a claim promptly after delivery of products and in no event later than 60 days
after delivery and shall give Seller reasonable opportunity to investigate such claim
and inspect the products. Replacement of defective products or repayment of the
purchase price shall be made upon return thereof (or such other disposition as
designated by Seller) after inspection by Seller and Buyer’s compliance with written
shipping instructions from Seller.
The giving of or failure to give any advice or recommendation by Seller shall not
constitute any warranty by or impose any liability upon Seller. BUYER AFFIRMS
THAT THEY HAVE NOT RELIED ON SELLER’S SKILL AND JUDGEMENT TO
SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE.
THERE ARE NO WARRANTIES WHICH EXTEND BEYOND DESCRIPTION ON
THE FACE THEREOF.
13 //
This contract expresses the entire agreement between the parties and any
changes hereof must be in writing. The provisions hereof shall control in the event
of any conflict between the terms hereof and any other terms whether set forth
orally or in writing in any communication between the parties.
14 // THE PRICES HEREIN NAMED OR HERETOFORE QUOTED ARE SUBJECT
TO ADJUSTMENT TO THE SELLER’S PRICES IN EFFECT AT THE TIME OF
SHIPMENT. THEY SHALL NOT EXCEED THE MAXIMUM PRICES ALLOWED BY
GOVERNMENTAL AUTHORITY IN EFFECT AT THE TIME OF SHIPMENT.
15 //
All sales are subject to all applicable state and local taxes.
Laclede Chain warrants to the original purchaser of its products that, should such
products prove defective by reason of improper workmanship and/or material, for a
period of ninety (90) days from the date of original retail purchase, Laclede Chain
will repair or replace, at its option, any defective part . To obtain warranty service,
the consumer must deliver the product to the authorized Laclede Chain dealer
from which the product was purchased. Shipping expenses are the purchaser’s
responsibility. Proof of Purchase is required when requesting warranty service.
Purchaser must present the sales receipt or other document which establishes
proof of purchase.
WARNING
Chains produced from low-carbon steel are not to be used for overhead lifting
purposes or where failure of the chain is likely to cause injury to person or property.
Chain is suitable for ordinary purposes such as towing, fencing, security barriers,
and other general purposes where chain of high-tensile strength is not required.
Only chains made from alloy steel, Grade 80, Grade 100, or Grade 120, so designed
and certified, should ever be used for overhead lifting purposes.
Laclede snaps and pulleys are not to be used where safety is a factor. Snaps and
pulleys are designed for general purpose use and should not be used for lifting or
hoisting purposes or where failure of this product is likely to cause injury to person
or property.