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Warranty Statement

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TERMS, CONDITIONS, AND WARRANTY STATEMENT

  1. Term of sale


    • All sales of Koch Filter Corporation (Koch), products are net 30 days from date of invoice. No cash discounts will be allowed.


    • Orders from buyers without previously arranged credit will be shipped on a COD or payment in advance basis, until credit is established. Koch will extend open credit to buyers who qualify.


    • Payment history of all accounts will be reviewed and credit lines will be adjusted accordingly.


    • Invoices not paid within payment terms may result in a credit hold being placed on the account until it is current.


    • Koch reserves the right to add a 1-1/2% per month finance charge (18% annual percentage rate) to all invoices over 30 days past due, plus attorney's fees, collection charges or court costs if these expenses are incurred.

  2. Remittances

  3. Remittances should be made to:
    Koch Filter Corporation
    PO Box 3186
    Louisville, KY 40201-3186

    Please code the remittance(s) with the applicable invoice number so that credit may be accurately applied.

  4. Pricing


    • Prices are subject to change without notice. Price changes are effective on a specified date. All orders received on or after that date will be invoiced at the revised price.


    • Orders received with deferred shipping dates not exceeding twelve months, will be billed at the price in effect on the order date. No rebates or refunds will be given to customers because of price declines to cover their stock on hand.


    • No material will be shipped on consignment to any customer. All orders received involving special pricing must clearly indicate the special quote number on the purchase order.


    • Any agreed-upon deviation in price from standard pricing must be confirmed in writing by Koch Filter Corporation. A special quote form will be issued to specify the product or part, price, expiration date and other provisions.

  5. Minimum order

  6. The minimum order is $25 net (excluding freight). Orders for less than $25 may be raised to this amount at factory discretion.

  7. Acceptance of orders


    • Standard Items: All orders are subject to acceptance by Koch Filter Corporation in writing.


    • Verbal orders for standard products will be accepted subject to receipt of written confirmation in a timely manner.


    • No verbal orders will be shipped until written confirmation is received.


    • Custom-made or special size items: Orders for custom-made or non-standard filters will be accepted only upon receipt of a written purchase order.

  8. Cancellation of orders


    • Orders for stock products or parts as shown in the current Koch Filter Corporation stock list may be cancelled prior to shipment without penalty.


    • Orders for special sizes or non-stock products or parts may not be cancelled after the production process has begun.


    • If cancellation is desired, please contact customer service to determine if production has begun.

  9. Standard packaging


    • All standard size products are shipped in standard package quantities as listed in the Koch Filter Corporation price pages.


    • Orders for less than full carton quantities will be increased to the standard package quantities.


    • Made-to-order products are packaged at the discretion of the factory. Minimum order quantity may be required for special/custom sizes. A charge of $5 per non-standard carton will apply.


    • Orders requesting palletized shipment will be charged $10 per pallet.

  10. Freight terms


    • All material will be shipped F.O.B Shipping Point, regardless of freight terms. The title of goods passes to the consignee when the carrier signs the bill of lading.


    • Material should be inspected immediately upon receipt, and if damaged, claim should be filed immediately with the carrier. Koch Filter Corporation will not be responsible for freight damage or subsequent claims.


    • Responsibility to file claims on goods damaged rests with the consignee.In the event concealed damage is uncovered after receipt of goods, the carrier should be notified immediately and an inspection of the goods requested so that the proper liability may be established and appropriate claims filed.


    • Method of shipment is at the discretion of the factory. Koch Filter Corporation makes every attempt to utilize the most economical means available to ship your order. Whenever possible, United Parcel Service (UPS), FedEx ground, or similar parcel service will be utilized. Koch Filter Corporation reserves the right to exclude certain products, such as HEPA filters, from shipment by these carriers.


    • All orders requesting prepaid & add may, at the discretion of Koch Filter Corporation, receive the full freight charge. The current preferred carrier at time of shipment will be used.

  11. Delivery

  12. Any delivery date specified shall be approximate only. Koch Filter Corporation will not be in default or liable for any expense, loss or damage occasioned by a delay in performance due to causes beyond its control, including but not limited to labor disputes, floods, fire, transportation delays, inability to obtain materials, or manufacturing equipment breakdown.

  13. Acceptance of products


    • Upon delivery, the purchaser will inspect the products or parts and notify Koch Filter Corporation of any nonconformity. Failure to give such notice within 30 days after delivery will constitute an irrevocable acceptance of the products or parts, and the purchaser will be obligated to make payment in full.


    • Upon notice of a nonconformity prior to acceptance, as purchaser's exclusive remedy, Koch Filter Corporation, at its option, will either repair the products or parts or accept the prepaid return of the products or parts and refund all payments, excluding freight, made to Koch Filter Corporation.

  14. Title

  15. Title to any product or part will pass to the purchaser upon the later of acceptance as provided above or payment in full.

  16. Placing orders

  17. Please place all orders in writing via email, regular mail or fax to the addresses below:

    • Koch Filter CorporationM
      PO Box 3186
      Louisville, KY 40201-3186
      Fax: 502-637-2280
      Phone: 502-634-4796
      info@kochfilter.com
      or


    • Koch Filter Corporation
      9554 7th Street
      Rancho Cucamonga, CA 91730
      Fax: 909-989-8607
      Phone: 909-989-8600
      info@kochfilter.com
      or


    • Koch Filter Corporation
      4411-A Darien Street
      Houston, TX 77028
      Fax: 713-672-7004
      Phone: 713-672-6550
      info@kochfilter.com

  18. Warranty


    • Koch Filter Corporation warrants to the original purchaser that its products and parts thereof will be free of structural or mechanical defects due to faulty materials or workmanship during the useful life of the product or part (or such shorter period as is specified in the product literature or manual for a particular product).


    • This warranty applies only to products or parts manufactured by Koch Filter Corporation and is contingent upon the following conditions: that the purchaser promptly notify Koch Filter Corporation of the defect; that the purchaser establish that the product has been properly installed, maintained and operated within the limits of normal usage as specified by Koch Filter Corporation; and that, at Koch Filter Corporation's request, the purchaser return the defective product or part to Koch Filter Corporation at the purchaser's expense.


    • Koch Filter Corporation makes no other warranties and specifically makes no implied warranty of merchantability, fitness for a particular purpose or noninfringement.

  19. Limitation of liability


    • As the purchaser's exclusive remedy for any claim (whether in warranty, contract, tort or strict liability), Koch Filter Corporation, at its option, will repair or replace the defective products or parts or refund the purchase price of defective products or parts.


    • Koch Filter Corporation will not be responsible for labor or transportation charges for the removal, return, reshipment or reinstallation of products or parts.


    • In no event or under any circumstances is Koch Filter Corporation responsible for any incidental or consequential damages relating to any claim (whether in warranty, contract, tort or strict liability), including without limitation claims for injury to person or property, down-time on production lines, lost wages, or lost profits.

  20. Applicability of terms


    • These terms and conditions of sale constitute the entire agreement of the parties and supersede any prior oral representations, correspondence, proposals or agreements. The purchaser will be deemed to accept these terms upon shipment of products or parts.


    • Any additional or different terms in the purchaser's purchase order will be deemed objected to by Koch Filter Corporation and of no effect. These terms may be amended only in writing.

  21. Governing law

  22. The contract for the supply of products or parts will be governed by the laws of the state of Kentucky.

  23. Returned goods policy


    • At its discretion, Koch Filter Corporation will accept the return of goods in resalable condition for a restocking charge on the following terms:


    • Only standard size stock products as listed in the current Koch Filter Corporation stock list are eligible for return. Special size or non-stock products or parts are not eligible for return unless sent to the customer as the result of an error at the factory.


    • Authorization must be obtained from Koch Filter Corporation customer service prior to returning any merchandise, including standard merchandise.


    • Authorizations from Koch Filter Corporation must be in writing. (RGA is acceptable.)


    • Returned merchandise must be in resalable condition, in the original factory cartons. Credit will not be issued for that portion of the merchandise that is not considered resalable. Only full cartons may be returned.


    • Koch Filter Corporation reserves the right to inspect all returned merchandise and issue final determination as to its condition.


    • Credit will be issued based on the invoice price, less a 15% restocking charge, plus all applicable inbound or outbound freight costs.


    • Merchandise will not be accepted for return after 120 days past the invoice date.


    • Merchandise must be returned to Koch Filter Corporation within 30 days from the date of issue of the returned goods authorization. All returns must have the returned goods tag prominently displayed on the largest package. Mark the returned goods authorization number on each package.

  24. Procedure to return merchandise to Koch Filter Corporation


    • Step 1: Request authorization from the appropriate customer service department at the appropriate location:


      • Koch Filter Corporation, Louisville KY Phone: 502-634-4796


      • Koch Filter Corporation, Houston TX Phone: 713-672-6550


      • Koch Filter Corporation, Rancho Cucamonga, CA Phone: 909-989-8600


    • Step 2: Obtain a Returned Goods Authorization (RGA) tag and number.


    • Step 3: Return merchandise as indicated on the RGA to the Koch Filter Corporation facility designated on the tag within 30 days of authorization.


    • Step 4: Shipments prepaid, unless otherwise instructed.


    • Step 5: Upon receipt and inspection by Koch Filter Corporation, credit will be issued.


    • Unauthorized returns will be refused.