Terms and Conditions of Sale Our terms and condition of sale are simple and straight forward; we don’t use small print. The warranties are different for Spare Parts and Components than for Systems; the major difference being the length of time each warranty provides.

 

Spare Parts and Components

Prices quoted don’t include any taxes of any kind whatsoever. The prices do include packing but don’t include any freight or transportation charges. You assume title, ownership and risk of loss or damage, to a component with its transfer to common carrier at Thermal Dynamix™ manufacturing facility. If you want it insured you must tell us and pay the cost of such insurance. Components are packaged and prepared for transport as appropriate. If more secure shipping preparation, such as crating or boxing, is required we will do so if you agree to pay the cost of such crating or boxing.Once we have transferred components to a common carrier we’re not responsible for any delays in transit or handling whatsoever. The quote is for the components specified. No other services or parts are included. Installation of components is the responsibility of others unless specifically included in the quote. The quote reflects our understanding of the objective. If the actual requirements change the prices quoted herein may change as well. We warrant, for a period of ninety-three days, from the date of transfer to a common carrier, the components WE FABRICATE and supply to you to be free from any defects in material and/or workmanship under normal use and service. If any component we fabricate is defective we will, at our sole option, repair or replace it. You must notify us as soon as you discover the defect. We will determine whether or not use of the component may be continued or must be discontinued. Continued use of any part which is defective will void the warranty of both the defective part and the equipment of which the defective part is a component. This expressed warranty is in lieu of any implied warranty. This warranty doesn’t extend to any product that has been abused, misused, improperly installed or maintained or damaged by accident or intent. It also doesn’t extend to components that have been altered by you or someone else without our express authorization. We expressly deny and disclaim any and all other warranties or any nature whatsoever, whether statutory, oral, written, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or usage. There may be warranties on things, such as motors and drives, controls and gages, which are manufactured by others and which we incorporate into the equipment we build for you. WE DO NOT WARRANT COMPONENTS MANUFACTURED BY OTHERS EVEN THOUGH WE HAVE INCORPORATED THEM INTO OUR EQUIPMENT. We will pass through to you any and all warranties on components manufactured and supplied to us by others on the same basis they are extended to us. WE DO NOT PROVIDE ANY WARRANTY ON ANY PARTS OR COMPONENTS THAT ARE NOT FABRICATED BY US. We also do not, under any circumstances, warrant any catalyst against failure due to contamination and we do not warrant any refractory against failure for any reason. Upon receipt of your order we will schedule a delivery date. Any delivery date we suggest prior to receipt of your order is only a guess at that moment. It is subject to production schedule availability at the time we actually receive your order. Changes received by Thermal Dynamix™ subsequent to its receipt of order may result in delays of the delivery. We are not liable for any delay, loss or damage, resulting from anything beyond our control. That includes inability to get raw material, strikes, fire, flood, war, civil unrest or any failure of transportation. In those instances where we are liable, our liability is limited to the price of the product that gives rise to the claim. We will not be liable for any incidental, special, liquidated or consequential damages whatsoever. It is your responsibility to provide us with accurate data and component description and/or measurements and to provide us with clear and concise requirements from which to select or design any custom parts or components we’re going to supply you. It is your responsibility to confirm the assumptions, data and measurements we used in the quotation. If there are changes or errors, it is your responsibility to bring them to our attention. By tendering a Purchase Order and by accepting components shipped to satisfy that Purchase Order you represent and warrant to us that such shipment will not violate any law, regulation, order or control imposed by any federal, state or local government. If any component is for re-negotiable end use, you will notify us and furnish such information as may be needed. A finance charge of 1.5% per month is charged on all undisputed balances over 30 days old and if you don’t pay the bill you will be responsible for any and all costs of collection such as sheriffs, attorney’s or court fees and costs. Our quote is valid for 60 days from the date issued unless we state otherwise in the quote. These are the only terms under which we agree to sell you things. We have not and do not agree to any other terms, even though similar in nature, contained in any Purchase Order you may send us.

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Systems

Prices quoted don’t include taxes of any kind. They do include packing but don’t include any freight or transportation charges. You assume title and risk of loss or damage to equipment with its transfer to common carrier at our manufacturing facility (the FOB point). If you want it insured you must tell us and pay the cost of such insurance. Components are mounted on wood skid(s) for transport, covered by shrink-wrap as appropriate, and are secured for shipment via air ride trailer. If more secure shipping preparation, such as crating or boxing, is required we will do so if you agree to pay the cost of such crating or boxing. Once we’ve transferred equipment to a common carrier we’re not responsible for any delays whatsoever in transit or handling. The quote is for the equipment specified. No other services or components are included. Installation of equipment is your responsibility unless specifically included in the quote. The quote reflects our understanding of the objectives. If the actual requirements change the prices quoted herein may change as well. We warrant, for a period of four hundred days, from the date of transfer to a common carrier at the FOB point, equipment WE FABRICATE and supply to you to be free from defects in material and workmanship under normal use and service. If any component WE FABRICATE is defective we will, at our sole option, repair or replace the defective part. You must notify us as soon as you discover the defect. We will determine whether or not you may continue to use the equipment. Continued use of any equipment which is defective or which contains a defective component, without our specific written authorization, will void the warranty of both the defective part and the equipment of which the defective part is a component. This expressed warranty is in lieu of any implied warranty. This warranty doesn’t extend to any product that has been abused, misused, improperly installed or maintained or damaged by accident or intent. It also doesn’t extend to components that have been altered without our express authorization. We expressly deny and disclaim any and all other warranties or any nature whatsoever, whether statutory, oral, written, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or usage. There may be warranties on components, such as motors and drives, controls and gages, which are manufactured by others and which we incorporate into the equipment we build for you. WE DO NOT WARRANT COMPONENTS MANUFACTURED BY OTHERS EVEN THOUGH WE HAVE INCORPORATED THEM INTO OUR EQUIPMENT. We will pass through to you any warranties on components manufactured and supplied to us by others on the same basis they are extended to us. WE DO NOT PROVIDE ANY WARRANTY ON ANY COMPONENTS THAT ARE NOT ACTUALLY FABRICATED BY US. We also don’t, under any circumstances, warrant any catalyst against failure due to contamination and we don’t warrant any refractory against failure for any reason. Upon receipt of your order we’ll schedule a delivery date. Any delivery date we suggest prior to receipt of your order is only a guess at that moment. It’s subject to production schedule availability at the time we actually receive your order. Changes received by Thermal Dynamix™ subsequent to its receipt of order may result in delays of the delivery. We are not liable for any delay, loss or damage, resulting from anything beyond our control. That includes inability to get raw material or vendor supplied finished goods, strikes, fire, flood, war, civil unrest or any failure of transportation. In those instances where we are liable our liability is limited to the price of the product that gives rise to the claim. We will not be liable for any incidental, special, liquidated or consequential damages whatsoever. It is your responsibility to provide us with accurate data and measurements and to provide us with clear and concise requirements from which to design any custom equipment we’re going to build for you. It’s your responsibility to confirm the assumptions, data and measurements we use in any quotation for custom equipment. If there are changes or errors it is your responsibility to bring them to our attention. Any costs or delays caused by your failure to review and confirm or correct errors in the assumptions, data and measurements we use are your responsibility. By tendering a Purchase Order for equipment and by accepting equipment shipped to satisfy that Purchase Order you warrant to us that such shipment will not violate any law, regulation, order or control imposed by any federal, state or local government. If any equipment is for re-negotiable end use, you will so notify us and furnish such information as may be needed. A finance charge of 1.5% per month is charged on all undisputed balances over 30 days old and you will be responsible for any and all costs of collection such as sheriffs, attorney’s or court fees and costs. Our quote is valid for 30 days from the date issued unless otherwise stated in the quote. These are the only terms under which we agree to sell you equipment. We have not and do not agree to any other terms, even though similar in nature, contained in any Purchase Order you may send us.