Terms & Conditions

Prices, discount terms and conditions are subject to change without notice. Orders acknowledged for shipment 45 days after effective date of manufacturer’s published price or discount change will automatically be adjusted to the new pricing unless otherwise covered by a written quote. The written quote number must be listed on the purchase order and be current for it to be valid for that order. All prices are F.O.B. shipping point and are exclusive of sales, use and other taxes.

Terms of payment are net 30 days unless otherwise stated on the quote. Minimum bill is $25 Net.

Franklin Automation., Inc. (herein called FA) and its manufacturer’s reserve the right to change specifications or design at any time, without notice, and to make changes or improvements upon its products without assuming any obligation to install the same upon its products theretofore manufactured or distributed.

Shipping schedules will be computed from the date an order is approved for production or, in the case of special terms, from the date-completed information is received necessary to proceed with design and manufacture. The schedule is subject to unavoidable delays cases by strikes, accidents or other causes beyond our control, including unforeseen delays at manufacturers or any priority system established by the United States Government or any of its agents. In no event shall FA be liable for consequential damages arising from delayed shipments.

Unless desired routing is specified on the order, a common carrier will be selected by FA. If specified routing entails special charges, all charges will be added to the invoice.

The carrier on F.O.B. shipping point shipments becomes the agent for the consignee and the consignee must file all damage claims with the carrier.

Customer may not place orders that are entered with schedule ship dates on hold. They must be either canceled or remain as a firm order and shipped within 6 months from receipt of order. Reschedules are subject to acceptance by FA. No reschedules will be accepted within 30 days of acknowledged shipping date. Reschedules and cancellations may be subject to a fee. No custom items may cancelled or put on hold without FA’s written consent.

FA may, at its discretion, elect to accept a schedule of deferred shipments in lieu of cancellation penalties.

Components or products may not be returned for credits unless specifically authorized in writing by FA. Products returned are subject to a handling charge. This handling charge is based on actual invoiced amount.

Claims for shortages or incorrect components must be made in writing to FA within 30 days after receipt of the shipment by the purchaser.

Customer Furnished Items All customer-furnished items to be used on systems must be shipped freight prepaid. Items shipped freight collect may be subject to a $50.00 handling charge over and above the cost of freight.

Cancellation FA will not accept any cancellation within 30 days of acknowledged ship date. Any cancellation accepted by FA for standard product will be assessed a cancellation charge of 15% minimum of net. An order for special items, non-standard items, or blanket orders may not be cancelled.

Warranty FA warrants the products, so far as the same are of FAs own manufacture, against defects of material and workmanship under normal use and service, for a period of twelve (12) months from date of manufacture, unless otherwise stated. This warranty does not cover ordinary wear and tear, abuse, misuse, over loading, altered products, use of improper fluid or materials not of FA’s manufacture or supply. FA honors all FA represented manufacturers warranties and works in conjunction with the manufacturers to settle claims. Warranties and warranty periods of represented manufacturers vary. Please check with the manufacturer or ask FA for the warranty periods.

The obligation of FA under this warranty for FA manufactured goods shall be limited to repairing or replacing, F.O.B. FA MEMPHIS, allowing credit at FAs option, any part or parts which may prove to be thus defective, provided that the buyer gives FA prompt written notice of the defect or defects and further provided that inspection, if required by FA, confirm this defect or defects. It is expressly agreed that this remedy of repair, replacement or credit, at FAs option, is the exclusive remedy under this contract.

FA and its represented manufacturers, in its manufacture and sale of the products, will assume no liability as to possible infringement of patents by virtue of the use of said devices in combination with other elements or structures.

This sale is made on the express understanding that there are no express warranties other than those contained in this agreement, that there are no implied warranties of merchantability or fitness for a particular purpose and that there are no warranties which extend beyond the description on the face hereof. In the event of breach of this contract by FA or its represented manufacturers, the buyer shall not be entitled to consequential damages.

Attorneys’ Fees; Expenses. Franklin Automation, Inc. may hire or pay someone else to collect any amounts due and owing to Franklin Automation, Inc. if Customer does not pay. Customer will pay Franklin Automation, Inc. that amount. This includes, subject to any limits under applicable law, Franklin Automation, Inc.’s attorneys’ fees and legal expenses, whether or not there is a lawsuit, including bankruptcy proceedings and appeals. If not prohibited by law, Customer will also pay any court costs, in addition to all other sums provided by law.