Last updated: August 2023

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STANDARD TERMS AND CONDITIONS OF SALE AND/OR USE

1.  QUOTES AND THEIR ACCEPTANCE

Unless otherwise specified, Prime Systems, Inc. reserves the right to change or cancel quotations at any time prior to receiving written acceptance from the customer.  All quotations are made F.O.B. shipping point.

2. PRICES AND SPECIFICATIONS

Prices, quotations, specifications and other terms and all statements appearing in Prime Systems, Inc.’s catalog, sales literature and advertisements, and otherwise made by Prime Systems, are subject to change without notice.  Prime Systems, Inc. reserves the right to make changes in design at any time without incurring any obligation to provide the same on units previously purchased or to continue to supply discontinued items.  No variation of terms and conditions of sale proposed by the customer shall be effective unless specifically agreed upon by Prime Systems, Inc. in writing.

3. DELIVERY

The equipment proposed herein can be ready for shipment in the approximated period indicated, dependent upon receipt of the written purchase order and initial deposit, complete engineering information and approved layout.  The delivery schedule is based on Prime Systems, Inc.’s best estimate of the date equipment can be shipped from factory and Prime Systems, Inc. assumes no responsibility for loss, damage, or consequential damage due to delays.  In the event Prime Systems, Inc.’s operations are curtailed, stopped or interfered with by incidents of strikes, labor trouble, governmental rules and regulations or other causes beyond Prime Systems, Inc.’s control, the delivery date is postponable at Prime Systems, Inc.’s option.  Unless otherwise indicated on BUYER’S order, Prime Systems, Inc. will ship collect via truck of other common carriers.  All prices are F.O.B. Prime Systems, Inc.’s factory.

4. TERMS OF PAYMENT

On approved orders, terms are as stated on quotations.  Each shipment will be considered a separate and independent transaction and payment should be made accordingly.  A service charge of 1-1/2% per month will be charged on the unpaid balance of overdue payments.

5. TAXES

The price(s) quoted herein does not include taxes or duties unless so indicated. Unless the customer provides an exemption certificate as required by law, the customer shall pay all local, state, federal, sales, use, excise, manufacturers, occupation, transfer, import and export, and other taxes or duties additional to the purchase price quoted herein.

6. TITLE

Prime Systems, Inc. retains all rights of ownership and title to the equipment proposed herein until all payments and taxes are paid in full, and such equipment shall not be considered as any part of the building, real estate, or equipment to which it is attached until the customer has made the full and final payment.

7. SHIPMENTS

All shipments are made F.O.B. Prime Systems, Inc.’s factory.  Charges for crating of equipment will be billed to customer after shipping. Reasonable care is exercised in packaging Prime Systems, Inc.’s products for shipment and no responsibility is assumed by Prime Systems, Inc. for delay, breakage, or damage after having made the delivery in good order to the carrier.  All claims for breakage or damage should be made to the carrier by consignee; Prime Systems, Inc. will be glad to render all possible assistance.

8. WARRANTY (NON-TRANSFERABLE)

USE OF NON-PRIME SYSTEM PARTS OR FAILURE TO HAVE PRIME’S SERVICE TECHNICIAN PROVIDE PRIME SYSTEM START UP SERVICE WILL VOID THIS WARRANTY.

Prime Systems, Inc. warrants each new product manufactured by it to be free from defective material and workmanship and agrees to repair any such defect or to furnish a new part in exchange for any part of any unit of Prime Systems, Inc.’s manufacture which under normal use and service disclosed such defect, provided the unit is returned by the owner to Prime Systems, Inc. intact for examination, with all transportation charges prepaid to Prime Systems, Inc.’s factory within one year from the date of shipment (see below for exclusions or extensions) to the purchaser and provided that such examination disclosed, in Prime Systems, Inc.’s judgment, that it is thus defective. 

This warranty does not extend to any Prime Systems, Inc. products which have been subject to misuse, neglect, accident, incorrect wiring not Prime Systems, Inc.’s own and/or improper installation. This warranty does not extend to Prime UV systems where customer has installed UV lamps, ballasts or other replacement parts not authorized by, or purchased from Prime Systems Inc.  This warranty does not extend to Prime UV products that are used in violation of instructions furnished by Prime Systems, Inc., or to units that have been repaired or altered by anyone other than Prime Systems, Inc.  Any part of a unit approved for repair or exchanged herein, will be repaired or exchanged without charge to the owner other than transportation charges.  Prime Systems, Inc.’s liability is limited to the repair or replacement of defective parts as set forth above.  This warranty is in lieu of all other warranties, expressed or implied, and no representative or person is authorized to assume for Prime Systems, Inc. any other liability in connection with Prime System, Inc.’s products.

1. Consumables:  Consumable items such as reflectors, mercury relays, filters, blower belts, hoses and flexible air ducts are not covered by this warranty.

2. Replacement Parts:  All Prime Systems, Inc. parts are warranted for (90) days from the date of shipping from Prime Systems Inc.

3. Process warranty:  Prime Systems, Inc. does not warrant or assume any responsibility for any process, including curing of any chemistry.

LIMITATION OF LIABILITY: IN NO EVENT SHALL PRIME SYSTEMS BE LIABLE FOR LOSS OF PROFITS, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES.

9. CLAIMS AND REJECTED MATERIAL

No products may be returned except with Prime Systems, Inc.’s permission in writing, and issuance of a Return Authorization Number.  After receiving authorization, material requiring repair or replacement should be sent prepaid and insured to Prime Systems, Inc.’s factory, along with a Purchase Order or letter sent to Prime Systems, Inc. stating as completely as possible the reason for the return.

10. SAFETY

The UV Processor sold herein produces radiations including UV light waves, which are dangerous if suitable precautions are not taken. The customer is therefore cautioned that the Processor should be operated by fully instructed and experienced personnel only.  The customer agrees to assume all responsibility to insure the Processor is operated in a safe and secure manner.  Since the use of the Processor is outside Prime Systems, Inc.’s control, Prime Systems, Inc. does not assume any liability for damages which may occur to personnel or property due to improper use or failure to take recommended precautions and the customer agrees to indemnify and hold Prime Systems, Inc. harmless from any liability, claim or damage whatsoever, arising out of any loss or damage or injury to person or property due to any improper use or misuse of the Processor.

11. CANCELLATION OF ORDERS

Orders which have been accepted by Prime Systems, Inc. cannot be canceled by the customer unless the customer agrees in writing to bear a handling charge and all costs incurred by Prime Systems, Inc. up to the time of the cancellation.

12. REFUSAL OF SHIPMENT

In case of refusal or inability of customer to accept any shipment in accordance with the terms of the order, the customer shall be held liable for freight, express, storage, extra cost of handling and all other incidental expenses.

13. INSTALLATION 

Unless otherwise arranged when ordering, this equipment shall be installed and connected by the customer who will supply all necessary labor, material and permits in compliance with all legal requirements.  If equipment is installed by Prime Service Technicians, the customer is responsible for permits and associated costs for all local, state and federal legal requirements.  If desired, Prime Systems, Inc. will provide at customer’s request the services of a supervising engineer at the prevailing daily rate plus expenses. 

14. PRINTING, STENOGRAPHIC AND CLERICAL ERRORS

Prime Systems, Inc. is not responsible for printer errors made in any of Prime System, Inc.’s publications and other forms of printed matter. All such errors are subject to correction.

15. DISPUTE RESOLUTION

In the event of litigation in connection with this agreement or collection by the company, Prime Systems, Inc. shall be entitled to all costs including reasonable attorney’s fees and interest.

16. GOVERNING LAW, JURISDICTION, VENUE

This Agreement shall be governed by the laws of the State of Illinois without regard to its conflict of law principles.  Customer agrees to be subject to the jurisdiction of the state and Federal courts of the State of Illinois and that DuPage County, State of Illinois is the proper venue