Terms & Conditions

Effective Date: June 15, 2026
Last Updated: August 19, 2026

I. PRICES:

(a) Unless otherwise stated in the attached quotation, prices are firm for a period of 30 days from the date of quotation; provided shipment will be accepted within three months of the date of order confirmation.
(b) Will be adjusted to prices current at the time of shipment on all shipments made within a period of eight to eighteen months from the date of receipt of the purchase order, but such adjustments will not exceed 15% of the quoted prices.
(c) Will be adjusted to prices current at the time of shipment on all shipments made after eighteen months from the date of receipt of the purchase order.
(d) Are quoted f.o.b. point of manufacture, unless otherwise stated in the attached quotation.
(e) Are subject to an increase equal in amount to any tax we may be required to collect or pay on the sale of the equipment quoted and any tax on us measured in whole or in part by the amount of such sale. If not included in the original invoice for the equipment, such amounts may be invoiced later.

II. CHANGES IN DESIGN:

Any changes in design or construction of equipment made at the request of the Buyer after its order has been accepted and the original certified drawings approved shall be at the expense of the Buyer under terms to be fixed by us.

III. WARRANTY:

(a) We guarantee that goods sold by us and repairs or other services performed by us will be of the kind and quality described in this proposal and will be free of defects in materials and workmanship. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF QUALITY, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Should any failure to conform to this warranty arise within twelve (12) months after the date of shipment or 2,000 hours of operation, whichever occurs first, we will correct such nonconformity by repair or replacement f.o.b. our factory, provided that:
(1) The goods sold or serviced have not been subjected to alteration, misapplication, or misuse.
(2) Our Germantown office is notified in writing within thirty days of the date such nonconformity appears.
(3) The goods are returned for inspection, transportation charges prepaid by the purchaser. Repaired or replacement goods will be shipped back f.o.b. our factory.
(4) The goods and services shall be paid for in full.
Correction of nonconformity in the manner and for the period of time provided above will constitute fulfillment of all our duties with respect to the quality of the goods or services.
(b) The terms of this warranty do not in any way extend to any equipment or part thereof covered by this quotation which has a life, under normal usage, inherently shorter than the one-year period indicated above. This warranty also does not extend to any equipment and components which are not of our make; such equipment or components carry the usual warranty of their manufacturer.
(c) We may give technical assistance or perform services not required under the warranty; such assistance and services are for the mutual benefit of the purchaser and us and shall not operate as a modification or waiver of this warranty or enlarge the purchaser’s right in any way.
(d) Under no circumstance shall we have any liability whatsoever under the warranty for the loss of use of the goods or services or for any indirect or consequential damages.

IV. LIABILITY OF SELLER:

We shall not be liable in any respect in the fulfillment or performance of this contract if hindered or prevented directly or indirectly by war, strikes, differences with workmen, inadequacy of freight carriers, lockouts, fires, floods, wind, force majeure, or any cause beyond our control, whether of the same kind or not.

Products we design and sell can be operated safely, but we do not guarantee their safety under all circumstances. PURCHASER MUST INSTALL AND USE THE PRODUCTS IN A SAFE AND LAWFUL MANNER IN COMPLIANCE WITH APPLICABLE HEALTH AND SAFETY REGULATIONS AND LAWS AND GENERAL STANDARDS OF REASONABLE AND PRUDENT CARE. We shall not be liable for any damage caused by the operation of the goods purchased, whether or not operated in accordance with instructions or because of any failure to meet conditions of our guarantee.

Our liability under contract shall in no case exceed the price paid for the goods furnished by us.

V. INCOTERMS:

Unless otherwise specified in the quotation, all orders are FCA our factory in Germantown, WI.

VI. CLAIMS:

We shall not be liable for any claim for shortages unless made promptly upon receipt of the shipment. For warranty claims, see clause III.

VII. DELIVERY:

Delivery promises are based on conditions at the time the estimate is made and are subject to your immediate acceptance and receipt of your purchase order. Delivery dates are also subject to change for reasons beyond our control, such as transportation delays, strikes, riots, fires, or force majeure, including our inability to obtain necessary materials for fabrication. We shall not be liable for consequential damages resulting from our failure to meet delivery dates for the above or for any other cause.

VIII. CREDIT:

All invoices paid after the due date will be assessed a late payment service charge of 18% per annum or the maximum allowed by applicable law, whichever is lower. If, in the seller’s judgment, the financial condition of the purchaser at the time the merchandise is ready for shipment does not justify the terms specified, the seller reserves the right to change these terms or to require full or partial payment in advance. Seller may, at any time, suspend performance of any order or require payment in cash, security, or other adequate assurance satisfactory to seller when, in seller’s opinion, the financial condition of buyer or other grounds for insecurity warrant such action. All sales are subject to the seller’s credit department’s approval.

IX. CANCELLATIONS AND RETURNS:

Cancellations and returns must be approved by the Seller in writing, at the Seller’s sole discretion to accept such cancellation or return, and assessment of any applicable fees.

(a) Cancellation of work in progress or partially/wholly fulfilled orders: Depending on the nature of the product(s) and work-in-progress, the Seller reserves the right to retain deposits, down payments, and progress payments. The Buyer may be obligated to cover the entire amount of the order.
(b) Returns and cancellations of brand-new spare parts are at the Seller’s discretion and are subject to restocking fees and acceptance or denial only by the Seller’s authorized officer. Returns require the Seller’s Return Authorization Form (RMA).

X. GENERAL PROVISION:

Any cause of action arising from this agreement, or breach of it, must commence within one year after the cause of action occurs. Seller has the right to correct any stenographical or clerical errors in any of the writings issued by it. The terms and conditions of sale and any description on the face of the seller’s order acknowledgment form constitute a complete and exclusive statement of the terms and conditions of the sale of the goods by the seller to the buyer. There are no other promises, conditions, understandings, representations, or warranties. No waiver of any right will be effective against the seller unless supported by consideration and expressly stated in writing, signed by the seller. The failure of the seller to enforce any right will not be construed as a waiver of the seller’s right to performance in the future. Buyer may not assign any rights to, or delegate any performance owed under, the agreement without the written consent of Seller. Seller shall have the right to credit toward the payment of any monies that may become due to the seller hereunder and any sums which may now or hereafter be owed to the buyer by the seller. Any disputes must be dealt with the applicable courts in Washington County, Wisconsin.