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Steam Systems
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* Back
* Featured Products
* Electric Actuation
* Anderson Greenwood Series 500 Pilot Operated Relief Valve
* Fisher easy-e Trim Cartridge
Featured Products
* Back
* Products
* Back
* Valves, Actuators & Regulators
* Control Valves
* Regulators
* Actuators
* Tank Vents and Hatches
* Isolation and Shut off Valves
* Pressure Relief & Safety Valves
* Controllers and Instruments
* Steam Traps, Valves and Level Gauges
* Bulk Storage and Transport Equipment
* Flame and Detonation Arrestors
* Nuclear Flow Controls
Valves, Actuators & Regulators
* Back
* Control and Safety Systems
* DeltaV Distributed Control Systems
* DeltaV Safety Instrumented Systems
* SCADA Systems
* Marine Integrated Control and Monitoring
* Control System Services
* Project Services
* Electrical & Instrumentation Services
Control and Safety Systems
* Back
* Measurement Instrumentation
* Flow
* Pressure Measurement
* Gas Analysis
* Consistency & Measure Instruments
Measurement Instrumentation
* Back
* Asset Reliability
* Asset Monitoring
* Field Device Management
* Machinery Health Management
* Operations Analytics
Asset Reliability
* Back
* Wireless
* Wireless Solutions
Wireless
* Back
* Pipeline and Terminal Management Applications
* Midstream Oil and Gas Applications
* Upstream Oil and Gas Applications
Pipeline and Terminal Management Applications
* Back
* Operational Management Solutions
* Digital Twin Software
* Manufacturing Execution Systems
Operational Management Solutions
Products
* Back
* Services
* Back
* Reliability Centered Maintenance
* Rotating Equipment
* Control Valves
* Pressure Relief Valves
* Motor Operated Valves
Reliability Centered Maintenance
* Project Services
* Control System Services
* Electrical & Instrumentation Services
* Operational Performance Services
* Lifecycle Services
* Back
* Valve & Mechanical Services
* Valve and Actuator Repair Services
* Pressure Relief Valve Assembly and Services
* Emerson Premier Service Provider
* Mobile Valve Shop
* Diagnostic Testing & Calibration
* Product & Replacement Part Inventory
* Outage Planning
* Asset Optimization
* Machine Shop Services
Valve & Mechanical Services
Services
* Back
* Industries
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* Power Generation
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* Renewable Energy
* Back
* Wind & Solar Power Generation
* Solar Power SCADA
* Wind Power SCADA
Wind & Solar Power Generation
* Back
* Hydroelectric Power Generation
* Electrical Control & Monitoring System (ECMS)
* Public Address & General Alarm Systems
* Critical Asset Monitoring
* Plant Control System
Hydroelectric Power Generation
Renewable Energy
* Back
* Thermal Power
* Back
* Balance of plant
* Water Quality Monitoring
* Safety Instrumented Systems (SIS)
* Cooling Tower Vibration Monitoring
* Tank Level Control
* Electrical Condition Monitoring
* Public Address & General Alarm Systems
Balance of plant
* Back
* Turbine & Generator
* Combustion Turbine Control
* Turbine Health & Protection
* Fire & Gas Detection
* Steam Turbine Controls
* Lube Oil Skid Fire Monitoring
* Digital Generator Excitation Control
* Fuel Gas Analysis
Turbine & Generator
* Back
* Boiler
* Boiler Drum Level Indication
* Boiler Process Control
* Pressure Measurement
* Temperature Measurement
* Condensate Control
* Feedwater Control
* Steam Conditioning
* Heater Drain Control
* Sky Vent Silencing
* Steam System Control
* Mechanical Condition Monitoring
Boiler
Thermal Power
Power Generation
* Back
* Pulp and Paper
* Back
* Machine
* Basis Weight
* Pulp Machine Control
Machine
* Back
* Power and Recovery
* Desuperheaters
* Heavy Black Liquor Flow
* pH and Conductivity
* Steam Mass Flow
* Drum Level
* Temperature Solutions
* Steam Header Management
* Condensate Flow
Power and Recovery
* Back
* Recaust
* Green Liquor
* Recaust Optimization
Recaust
* Back
* Bleaching
* Chlorine Dioxide Addition
* pH and Conductivity
* Chlorine Dioxide Generator Optimization
Bleaching
* Back
* Pulping
* Brown Stock Rejects
* Brown Stock Washing Optimization
* Pulp Flow
Pulping
Pulp and Paper
* Back
* Chemical
* Back
* Fertilizer Production
* Level & Control
* Ammonia Production
Fertilizer Production
* Back
* Distillation
* Process Control
* Temperature and Pressure Control
Distillation
* Back
* Pumps
* Vibration Monitoring
* Overpressure Protection
* Asset Monitoring
Pumps
* Back
* Storage & Distribution
* Storage Flow Measurement
* Level Measurement
Storage & Distribution
* Back
* Reactors
* High Pressure Letdown
* Asset Monitoring
* Temperature/Pressure Control
* Process Control
Reactors
* Back
* Compressors
* Vibration Monitoring
* Asset Monitoring
* Overpressure Protection
* Anti-Surge Technology
Compressors
* Back
* Fired Equipment/Furnaces
* Temperature Control
* Steam Conditioning
Fired Equipment/Furnaces
* Back
* Heat Exchangers
* Temperature Control
* Process Control
* Steam Conditioning
* Asset Monitoring
Heat Exchangers
Chemical
* Back
* Life Sciences
* Back
* Research & Development
* Lab Automation
* Paperless Management
* Process Analytical Technology
* Process Instrumentation
* Flexible Automation
Research & Development
* Back
* Drug Substance Manufacturing
* Batch Automation
* Process Instrumentation
* Operations Management
* Compliance & Data Management
* Production Scheduling
* Process Analytical Technology
* Calibration & Instrumentation Technology
* Essential Asset Monitoring
* Flexible Automation
Drug Substance Manufacturing
* Back
* Drug Products Manufacturing
* Process Instrumentation and Valves
* Calibration & Instrumentation Technology
* Essential Asset Monitoring
* Flexible Automation
* Compliance & Data Management
* Process Analytical Technology
* Operations Management
* Production Scheduling
Drug Products Manufacturing
* Back
* Packaging
* Workflow Automation
* Production Scheduling
* Flexible Automation
* Process Instrumentation
Packaging
* Back
* OEM
* Flexible Automation
* Process Analytical Technology
* Process Instrumentation and Final Control
OEM
* Cell & Gene Therapy
Life Sciences
* Back
* Natural Gas, LNG, CNG & Pipeline
* Natural Gas Distribution & Transmission
* Natural Gas Compression
* Petroleum Transmission & Storage
* Liquified Natural Gas
* Sampling, Conditioning & Odorization Solutions
Natural Gas, LNG, CNG & Pipeline
* Back
* Refining & Upgrading
* Back
* Hydrogen Plant
* Pressure Swing Adsorption (PSA)
* Control & Isolation
* Pressure Management
Hydrogen Plant
* Back
* Coker
* Coker Drum Switching
* Heater Fuel Gas Supply
* Furnace Feed
* Emergency Shutdown
Coker
* Back
* Fluid Catalytic Cracking Unit
* Fractionator Pump Around Control
* Fractionator Bottoms Flow Control
* Charge Oil Flow Control
* Pressure Management
Fluid Catalytic Cracking Unit
* Back
* CCR
* Catalytic Feed Control
CCR
* Back
* Utilities
* Boiler Optimization
* Pressure Management
* Steam Generation
Utilities
* Back
* Distillation & Fractionation
* Reflux Control
Distillation & Fractionation
* Back
* Alkylation
* Acid Feed Control
* Accumulated Acid flow Control
* Pressure Management
* Control & Isolation
Alkylation
* Back
* Sulphur Recovery Unit
* Acid Gas Control
Sulphur Recovery Unit
* Back
* Gas Plant
* Wet Gas Recycle Control
Gas Plant
* Back
* Hydroprocessing
* Feed Control
* Pressure Management
Hydroprocessing
* Back
* Vacuum Distillation Unit
* Feed Control
* Pressure Management
Vacuum Distillation Unit
* Back
* Balance of Plant
* Flare System
* Tank Farm
* Blending
Balance of Plant
Refining & Upgrading
* Back
* Metals & Mining
* Back
* Conventional Mining
* Back
* Stacking & Reclaiming
* Reliability/Machinery Health
Stacking & Reclaiming
* Back
* Conveying
* Reliability/Machinery Health
* Bulk Flow Measurement
Conveying
* Back
* Hauling
* On-site Oil Analysis
* Reliability/Machinery Health
Hauling
* Back
* Service/Production Shafts
* Reliability/Machinery Health
Service/Production Shafts
* Back
* Mining Machines & Gearboxes
* On-site Oil Analysis
* Reliability/Machinery Health
Mining Machines & Gearboxes
* Back
* Drilling
* Reliability/Machinery Health
Drilling
* Ore Storage
* Back
* Extracting/Shovels
* On-site Oil Analysis
* Reliability/Machinery Health
Extracting/Shovels
Conventional Mining
* Back
* Solution Mining
* Back
* Evaporation Ponds
* Wireless Pond Temperature Profiling
Evaporation Ponds
* Back
* Injection/Production Wells
* Density Measurement
* Injection/Production Control
Injection/Production Wells
Solution Mining
* Back
* Process Mill
* Back
* Automation Control System
* Mill Process Control
Automation Control System
* Back
* Ore Receiving
* Solids Level Measurement
* Smart Meter Verification
Ore Receiving
* Back
* Conveying
* Reliability/Machinery Health
* Bulk Flow Measurement
Conveying
* Back
* Crushing & Grinding
* Reliability/Machinery Health
Crushing & Grinding
* Back
* Semi Autogenius Grinding (SAG) Mill
* SAG temperature measurement
Semi Autogenius Grinding (SAG) Mill
* Back
* Cyclone Control
* Expert Cyclone Control
Cyclone Control
* Back
* Acid Plant
* Emissions Analysis
Acid Plant
* Back
* Flotation
* Dart Valve Automation
* Level Control
* Reagent Control Addition
* Potash Spec Actuation
* Feed Forward Modeling & Tuning
* Brine Pond Automation
* Brine Distribution Control
Flotation
* Back
* Leaching
* Grade Control & Leach Water Optimization
* Soluble Component Analysis
Leaching
* Back
* Thickener
* Corrosive Environment Flow Measurement
* Thickener Underflow Level Control
* Instrument Protection Packaging
Thickener
* Back
* Precipitation
* Liquid Analytical Solutions
Precipitation
* Back
* Centrifuges
* Reliability/Machinery Health
Centrifuges
* Back
* Drying/Calincing
* Baghouse Damper Automation
* Machinery Health
* Advanced Process Control
* Dryer Guide Automation
Drying/Calincing
* Back
* Storage/Loadout
* Inventory Solids level Measurement
Storage/Loadout
* Remote Operations
* Back
* Energy Management
* Process Analytics
Energy Management
* Back
* Compaction & Crystallization
* Potash Spec Actuation
* Reliability/Machinery Health
* Wireless Temperature Monitoring
* Product Moisture Content
Compaction & Crystallization
* Back
* Water Treatment Plant
* Liquid Analytical Solutions
* Smart Meter Flow Verification
Water Treatment Plant
* Back
* Stacking & Reclaiming
* Solids Level Measurement
* Reliability/Machinery Health
Stacking & Reclaiming
* Back
* Power House
* Steam Flow Permanent Pressure Loss Solution
* Combustion Flue Gas Analysis
Power House
* Back
* Solvent Extraction
* Field Mounted Intrinsically Safe I/O
Solvent Extraction
Process Mill
Metals & Mining
* Back
* Water & Wastewater
* Water Distribution
* Wastewater Conveyance
* Water Treatment In-plant
* Wastewater Treatment In-plant
* Industrial Water and Wastewater
* Water Pipelines
Water & Wastewater
* Back
* HVAC
* Back
* Facilities
* Back
* Steam Systems
* Overpressure Protection
Steam Systems
* Digital Steam PRV Stations
* Chilled Water Systems
* Back
* Hot Water Systems
* Overpressure Protection
Hot Water Systems
Facilities
* Back
* Mission Critical Data Centers
* Intelligent Staging
* Simulation and Testing
* Layered Redundancy with Software
Mission Critical Data Centers
HVAC
Industries
* Back
* Data Management
* Data Management
Data Management
* Back
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Brands
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1. About Us
TERMS & CONDITIONS -CUSTOMERS
Download a copy of Terms & Conditions
The equipment, software, material and services (collectively, the “Equipment”)
which are described on the face hereof shall be sold by Control Southern Inc.
(“Seller”) only upon the following Standard Terms and Conditions of Sale:
1. CONTRACT TERMS: These Standard Terms and Conditions of Sale (the “Contract”)
are the only terms and conditions applicable to the sale of the Equipment.
Contract formation and acceptance by Seller are expressly conditioned upon
Customer’s assent to the terms of this Contract. If the terms of this Contract
are not acceptable, Customer must notify Seller within two days from the earlier
of the date of Seller’s sales confirmation or invoice. Customer shall be deemed
to have agreed to this Contract unless notice to the contrary is received by
Seller within two days from the earlier of the date of Seller’s sales
confirmation or invoice. The transmittal of a purchase order with regard to a
quotation by Seller shall constitute an acceptance of the quotation and the
Contract of Sale as set forth therein if the purchase order agrees with such
quotation with respect to the description of the Equipment to be furnished by
Seller as shown on the face thereof, the quality thereof and purchase price to
be charged therefor. ANY REPRESENTATIONS, PROMISES, WARRANTIES, OR STATEMENTS BY
SELLER’S AGENT OR EMPLOYEE THAT DIFFER IN ANY WAY FROM THE TERMS OF THIS
CONTRACT SHALL BE GIVEN NO FORCE OR EFFECT. Any additional, different, or
conflicting terms or conditions set forth in any communications, including
without limitation a telephone order, a request for quotation, or purchase order
form transmitted orally or in writing, by telephone, facsimile or email
transmission or otherwise, from Customer are objected to by Seller and shall not
be effective or binding unless expressly assented to in writing by an officer of
Seller having a title of vice president or higher. All shipments are made
pursuant to this Contract. No other terms or additions are acceptable. This
Contract is intended as a final and complete expression of the agreement between
Seller and Customer.
A sales confirmation or similar form issued by Seller pursuant to a Customer’s
purchase order constitutes an expression of acceptance of such purchase order,
but such expression of acceptance is expressly conditioned upon Customer’s
assent to the Contract.
Where Seller does not issue either a quotation or a sales confirmation and ships
Equipment pursuant to Customer’s purchase order, telephone order, a request for
quotation, or purchase order form transmitted orally or in writing, by
telephone, facsimile or email transmission or other form of order, such sale
shall be subject to Seller’s Contract as set forth herein and Customer shall be
deemed to have agreed hereto.
Customer hereby agrees that Seller may correct any typographical or clerical
error herein, and such correction shall become part of the Contract without any
further action on the part of Customer.
2. PRICES AND QUOTATIONS: (a) All prices are F.O.B. Seller’s warehouse in
Suwanee, Georgia or such other of Seller’s locations as Seller may choose,
unless otherwise specified. Except as otherwise provided therein, Seller’s
prices for the Equipment shall remain in effect for thirty (30) days from the
date of Seller’s quotation.
b) All prices quoted by Seller are subject to any addition which may be
necessary to cover any taxes or charges or any applicable increase in same
hereafter becoming effective, such as, for example, the payment of any
applicable sales, use, excise or other taxes, or import duties, documentation
charges, freight, insurance, packing charges, or similar costs or charges. Any
tax or governmental charge payable by the Seller because of the manufacture,
sale or delivery of the Equipment may, at Sellers’s option, be billed to, and
shall be paid by, Customer unless the Customer provides Seller with a tax
exemption certificate acceptable to Seller and the taxing authority. The
foregoing shall not apply to taxes based upon Seller’s net income.
3. PAYMENT TERMS: (a) Subject to the approval of Seller’s Credit Department, and
unless otherwise agreed in writing, terms of payment are net cash thirty (30)
days following the date of invoice. (b)All payments shall be mad e in U.S.
currency to Seller at its offices in Suwanee, Georgia, or as Seller otherwise
directs. (c)The amount of any invoice shall be deemed to be accurate unless
Seller receives written notification from Customer disputing the amount or
validity of any such invoice before the payment due date and before payment has
been made. Any such notification shall be sent to Seller at 3850 Lakefield
Drive, Suwanee, Georgia 30024, Attn.: Accounts Receivable. Any such notice shall
include the invoice number and a description of the alleged error.
4. CANCELLATION BY CUSTOMER: Prior to delivery of the Equipment to the carrier,
Customer may terminate its order for any or all of the Equipment covered by this
Contract, provided that (a) Seller is given five days advance written notice of
and gives its written consent to such termination, and (b) Seller is paid
termination charges which shall include all costs and expenses already incurred
or commitments made by Seller in connection with the processing, purchasing,
handling and fabrication of the Equipment, and a reasonable profit thereon plus
any losses or damages resulting from such cancellation or termination. Seller’s
determination of such termination charges shall be conclusive and binding on
Customer.
5. TERMINATION AND SUSPENSION BY SELLER: Seller may, at Seller’s sole
discretion, terminate or suspend this Contract or any outstanding order without
liability to Customer if Customer (i) fails to meet its obligations identified
in any purchase order or this Contract; (ii) fails to make any payments to
Seller when due (such termination right to be available among all other legal
remedies available in law or equity); (iii) becomes insolvent or bankrupt; or
(iv) withdraws such quantity, models or types of equipment on which services are
performed and, Seller, in its reasonable judgment, determinates that it is no
longer economically reasonable for Seller to continue to provide Equipment based
upon the then current pricing and contractual terms.
6. DELIVERY AND DOCUMENTATION: (a) Customer shall bear the risk of loss for
damage to or destruction of the Equipment from the earlier of the time that
Seller delivers such Equipment to the carrier or to Customer or Customer’s
agent. Any claims for loss or damage after risk of loss has passed to Customer
shall be filed with the carrier. Customer shall give written notice to Seller of
any claim for shortage, error in Equipment shipped or error in charges within
ten (10) days after receipt of Equipment or such claim shall be deemed waived.
(b)Quoted delivery dates are approximate estimates determined at the time of
quotation and are subject to revision at any time. Pursuant to and in accordance
with Section 14, under no circumstances shall Seller have any liability
whatsoever for loss of use or for any indirect or consequential damages as a
result of delayed delivery. (c) All shipping dates are approximate and are based
upon prompt receipt by Seller of all necessary information from Customer to
properly process the order. (d) Delivery dates are subject to changes caused by
additions to or modifications of the original order agreed to by both Seller and
Customer. (e) Unless otherwise agreed in writing Seller shall have the option of
partial or complete shipment of the Equipment. (f) Seller shall provide Customer
with such data or documentation, if any, as specified in the quotation. If
additional copies of such data or documentation are requested by Customer,
Seller will provide such additional copies at Customer’s expense. If Customer
requests different or non-standard data or documentation, Seller, at its sole
option, may provide such different or non-standard data or documentation at
Customer’s expense.
7. RETURNS: Subject to the terms of this Contract regarding cancellation and
warranties, all sales are final. Customer may request to return Equipment by
contacting its account salesperson to request a return authorization number. No
Equipment will be accepted for return without a valid return authorization
number clearly noted on the outside of the shipment. Any return shipments must
be made freight prepaid unless Seller has expressly authorized Customer in
writing to ship such Equipment to Seller at Seller’s expense. Any returns of
Equipment authorized by Seller are subject to Seller’s standard restocking
charges as such are then effective. Seller’s current minimum restocking charges
are the greater of 25% of the invoiced price or $50 per item. Special orders or
non-stock items are subject to higher restocking charges.
8. INSTALLATION, MAINTENANCE, ETC.: All Equipment shall be installed by and at
the expense of the Customer. Customer shall be responsible for receiving,
storing, installing, starting up and maintaining all Equipment. Customer may
request the Seller to provide a quotation for providing services to assist
Customer in all or part of these duties.
9. SERVICES: (a) Services rendered by Seller, whether with or without charge,
are only technical or advisory in nature and are merely incidental to the sale
of the Equipment. When any such services are rendered, Customer will retain full
responsibility for and full control, custody and supervision of the Equipment
and the installation, selection of material therefor, use or operation thereof,
and a representative of Customer shall be present with full authority to direct
operations. (b) If Seller furnishes technical or other advice to Customer,
whether or not at Customer’s request, with respect to Customer’s process or
equipment, such advice shall be made in good faith, and Customer assumes all
risk of such advice and the results thereof
10. LIMITED WARRANTY AND DISCLAIMER: As set forth herein, different warranties
may apply to different categories of Equipment. As to all Equipment, except as
expressly set forth in this section and Section 13, SELLER MAKES NO
REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR ANY OTHER MATTER WITH
RESPECT TO ANY OF THE EQUIPMENT. The warranties made in this section are in lieu
of any other warranty, express or implied and are expressly subject the terms of
this Contract, including Section 14 hereof. The warranties made in this section
and in Section 13 are the only warranties made by Seller and can be amended only
by a written instrument signed by an officer of Seller having a title of vice
president or higher.
“Resale Products” shall mean any portion of the Equipment purchased by Seller
from a third party for resale. If the Resale Products are subject to the
manufacturer’s or other third party warranties, Seller hereby assigns to
Customer all of Seller’s rights and remedies under such warranties to the extent
that such rights and remedies are assignable.
“CSI Products” shall mean any portion of the Equipment manufactured or
fabricated by Seller. Subject to the terms of this Contract, Seller warrants
that all CSI Products, other than Consumables constituting CSI Products, will be
free from defects in materials or workmanship under normal use and service until
the expiration of twelve (12) months from the date of shipment by Seller. CSI
Products are prepared solely as a convenience to Customer according to
instructions and specifications provided by Customer.
“Consumables” shall mean that portion of the Equipment which is depleted or
expected to rapidly deteriorate in ordinary use of the Equipment including,
without limitation, glass parts and electrodes, membranes, liquid junctions,
electrolytes and reagents, O-rings, plastic tubing, etc. Subject to the terms of
this Contract, Consumables that constitute CSI Products and do not constitute
part of Resale Products are warranted by Seller to be free from defects in
material and workmanship under normal use and service for a period of ninety
(90) days from the date of shipment by Seller.
“UPO Equipment” shall mean unused, previously owned products which are not
covered by a manufacturer’s warranty on the date of shipment by Seller. Subject
to the terms of this Contract, Seller warrants that UPO Equipment shall be free
from defects in material and workmanship under normal use and service for a
period of twelve (12) months from the date of shipment by Seller.
“Used Equipment” shall mean previously sold, used products which may or may not
have been refurbished, modified, reconfigured, or cleaned by Seller or a third
party. Used Equipment shall include, but not be limited to, Equipment such as
that sold through the ENCORE program. If any portion of the Used Equipment is
subject to a third party warranty, Seller hereby assigns to Customer all of
Seller’s rights and remedies under such warranty to the extent that such rights
and remedies are assignable. If any portion of the Used Equipment is not subject
to any other warranty as of the date of shipment by Seller, and subject to the
terms of this Contract, Seller warrants that such portion of the Used Equipment
shall be free from defects in material and workmanship under normal use and
service for a period of six (6) months from the date of shipment by Seller.
Subject to the terms of this Contract, Seller warrants that any portion of the
Equipment consisting of Software will execute the programming instructions
provided by Seller. The foregoing warranty shall not apply to any such software
which is covered by a third party warranty. If any such portion of the Equipment
consisting of Software is subject to the manufacturer’s or other third party
warranties, Seller hereby assigns to Customer all of Seller’s rights and
remedies under such warranties to the extent that such rights and remedies are
assignable.
Subject to the terms of this Contract, Seller guaranties the workmanship in all
non-warranty service, including, without limitation, repair and maintenance
service, performed by Seller for a period of twelve (12) months from the date of
the service in the case of service related to mechanical equipment and for a
period of ninety (90) days from the date of the service in the case of service
related to electronic equipment.
Subject to the terms of this Contract and unless otherwise expressly provided
herein, Seller warrants title to all Equipment sold under this Contract.
Customer must notify Seller in writing of any warranty defects within thirty
(30) days after discovery thereof Failure by Customer to give such written
notice within the applicable time period shall be deemed an absolute and
unconditional waiver of Customer’s claim for such defects. If timely written
notice of such defects is given to Seller and Seller concludes that such defects
are covered by a warranty made by Seller in this Contract, Seller shall, at its
option and as Customer’s sole and exclusive remedy hereunder, promptly correct
any errors that are found by Seller to exist in the Software, or repair or
replace and ship to Customer F.O.B. Seller’s warehouse, Suwanee, Georgia, that
portion of the Equipment found by Seller to be defective. Customer agrees that
Seller shall have no liability for warranty defects alleged to exist in Resale
Products; however, Seller agrees to make a reasonable commercial effort, if
requested to do so by Customer, to arrange for procurement and shipping of
replacement Resale Products, at Customer’s expense. Equipment repaired and parts
replaced by Seller during the warranty period shall be subject to the warranties
made by Seller in this Contract for the remainder of the original warranty
period.
The warranties made by Seller in this Contract do not apply to replacements or
repairs necessitated by inadequate preventative maintenance, or by normal wear
or usage, or by fault of Customer, or by unsuitable power sources or by attack
or deterioration under unsuitable environmental conditions, or by natural
disaster, sabotage, abuse, accident, alteration, misuse, improper installation,
modification, repair, storage or handling, or any other cause not the fault of
Seller. The warranties made by Seller in this Contract do not apply to (i) any
Equipment which has been modified or subjected to unauthorized repair; or (ii)
any item which is a component part of the Equipment where such item is furnished
by Customer or a third party.
Seller’s obligation to repair or replace defective Equipment constitutes agreed
and liquidated damages and the sole remedy for any breach of warranty by Seller.
Seller shall have the right to inspect any Equipment claimed to be defective and
shall have the right to determine the cause of such claimed defect. All
Equipment replaced or repaired by Seller under its warranty shall be replaced or
repaired F.O.B. Seller’s warehouse, Suwanee, Georgia, or such other location as
Seller may designate.
For purposes of this Contract, “date of shipment by Seller” shall mean the
earlier of the date that the Equipment is delivered for shipment or the date of
delivery to Customer if Customer (or Customer’s agent) picks up or otherwise
takes delivery of the Equipment without shipment by Seller.
11. CUSTOMER DATA/SPECIFICATIONS: To the extent that Seller has relied upon any
specifications, information, representation of operating conditions or any other
data supplied in writing by Customer to Seller in the selection or design of the
Equipment or otherwise in connection with this Contract or the preparation of
Seller’s quotation, and in the event that the actual operating conditions or
other conditions differ from those supplied by Customer and relied upon by
Seller, ANY WARRANTIES OR OTHER TERMS AND CONDITIONS CONTAINED HEREIN WHICH ARE
AFFECTED BY SUCH CONDITIONS SHALL BE NULL AND VOID.
12. CHANGE ORDERS: In the event that Customer requests any modifications to the
Equipment order, Seller shall, if commercially reasonable, prepare and deliver
to Customer a Change Order Proposal describing such modifications and the
changes in the Equipment necessary to effect such modifications (a “Change
Order”). The Change Order will also set forth the additional payments, if any,
and the basis upon which additional payments will be computed and an estimate of
the updated schedule for the completion and delivery of Equipment. After receipt
of a Customer request, verbal or written, for modifications to the Equipment,
Seller may elect not to continue to deliver Equipment until Seller receives a
written authorization to proceed with the additional scope of work. The
execution of the written authorization required hereunder by Customer shall
constitute authorization from Customer for Seller to proceed with the Equipment
as modified by the Change Order, subject to and in accordance with the terms of
this Contract, and Customer’s consent to the increase or decrease in the
payments set forth in the Change Order and the application of this Contract to
the Change Order. In the event terms of any Change Order conflict with the terms
hereof, the terms of this Contract shall govern unless otherwise expressly
agreed to in writing by an officer of Seller having a title of vice president or
higher.
13. PATENTS: Subject to the terms of this Contract, including, without
limitation, Sections 10 and 14 hereof, Seller warrants that any CSI Products
sold pursuant to this Contract, or the use thereof as provided below, does not
infringe any valid U.S. patent in existence as of the date of delivery. Customer
must notify Seller of any claim or suit involving Customer in which infringement
is alleged within thirty (30) days after any such claim is made or suit is
filed. Failure by Customer to give such written notice within the applicable
time period shall be deemed an absolute and unconditional waiver of Customer’s
claims under this section. Customer must permit Seller to control completely the
defense of compromise of any such allegation of infringement. Seller’s warranty
as to use only applies to infringements arising solely out of the inherent
operation of such CSI Products, or (ii) of any combination of CSI Products and
Equipment sold hereunder in a manner designed by Seller. Subject to the terms of
this Contract, if the Resale Products, UPO Equipment or any other portion of the
Equipment are subject to the manufacturer’s or other third party warranties
relating to patent or copyright infringement, Seller hereby assigns to Customer
all of Seller’s rights and remedies under such warranties to the extent that
such rights and remedies are assignable.
14. LIMITATION OF REMEDY AND LIABILITY: CUSTOMER’S EXCLUSIVE REMEDY SHALL BE FOR
DAMAGES, AND SELLER’S TOTAL LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING
OUT OF ANY AND ALL CAUSES WHATSOEVER (WHETHER SUCH CAUSE BE BASED IN CONTRACT,
INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE) SHALL IN NO
EVENT EXCEED THE PURCHASE PRICE OF THE EQUIPMENT IN RESPECT OF WHICH SUCH CAUSE
ARISES OR, AT SELLER’S OPTION, THE REPAIR OR REPLACEMENT OF SUCH EQUIPMENT.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL SELLER BE
LIABLE FOR, AND CUSTOMER HEREBY WAIVES ANY RIGHT TO, ANY INCIDENTAL, INDIRECT,
SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING FROM OR ARISING
OUT OF THE SALE OF EQUIPMENT TO CUSTOMER, NOR SHALL SELLER BE LIABLE FOR DAMAGES
CAUSED BY DELAY IN PERFORMANCE. The term “Consequential Damages” shall include,
but not be limited to, loss of anticipated profits, loss of use, loss of revenue
and cost of capital. Seller shall not be liable for, and Customer assumes
liability for, all personal injury, death, and property damage connected with
the handling, transportation, possession, use, further manufacture, or resale of
the Equipment. No costs or charges incurred by Customer will be paid by Seller
unless authorized in writing in advance by Seller.
15. EXCUSE OF PERFORMANCE: (a) Deliveries may be suspended, delayed, or canceled
by Seller, without liability to Customer or any other person, in the event of:
Act of God, war, riot, fire, explosion, accident, flood, natural disaster,
sabotage, equipment or computer failure: acts, omissions, or failures by
Seller’s suppliers or other third parties; lack of or delays in obtaining
adequate fuel, power, raw materials, components, labor, containers, or
manufacturing or transportation facilities; compliance with governmental
requests, laws, regulations, order or actions; breakage or failure of machinery
or apparatus; force majeure; national defense requirements or any other event,
whether or not of the class or kind enumerated herein, beyond the reasonable
control of Seller; or in the event of labor trouble, strike, lockout or
injunction (provided that Seller shall not be required to settle a labor dispute
against its own best judgment); which event makes impracticable the manufacture
or delivery of a shipment of the Equipment or of a material or component upon
which the manufacture of the Equipment is dependent. (b) If Seller determines
that its ability to supply the total demand for the Equipment or obtain any or a
sufficient quantity of a material or component used directly or indirectly in
the manufacture of the Equipment, is hindered, limited or made impracticable,
Seller may allocate its available supply of the Equipment or such material or
component (without obligation to acquire other supplies of any such Equipment,
material, or component) among itself and its purchasers on such basis as Seller
determines to be equitable without liability for any failure or delay of
performance which may result therefrom. (c) Deliveries suspended or not made by
reason of this section shall at Seller’s option, either be canceled or the time
for delivery shall automatically be extended for a period equal to the
suspension period, without liability, but this Contract shall otherwise remain
unaffected.
16. NORMAL WORKING HOURS – EMERGENCY CALLS: Seller service personnel will only
travel to and from their respective offices to the Customer’s site during normal
working hours only at the applicable contract rate. Any such travel outside
normal working hours shall be billed at the applicable overtime rate. All
maintenance tasks and non-emergency repair or replacement will be performed
during Seller’s normal working hours. Seller may charge the Customer for service
calls made by Seller at the Customer’s request where no warrantable defect is
found.
17. WAIVERS AND RELEASES: Except as provided in Sections 10 and 13 and except
for the willful misconduct or gross negligence of Seller, its employees or
agents, Customer hereby releases Seller, its employees, agents and “controlling
persons” (within the meaning of Section 20(a) of the Securities Exchange Act of
1934, as amended) from all liabilities, claims, costs, expenses, personal
injury, death, losses and damages of any and every kind arising out of or
resulting, directly or indirectly, from any defect or failure of the Equipment
or any act, omission, error or delay in the performance, or nonperformance of
Seller’s obligations and duties under this Contract. To the extent, if any, that
Seller, its employees, agents or “controlling persons” shall have any liability
under this Contract, Customer’s exclusive remedy shall be as set forth in
Sections 10 and 13 hereof and shall be subject to the terms hereof, including
Section 14.
18. SECURITY INTEREST: Seller hereby reserves to itself, and Customer hereby
grants and conveys unto Seller, a purchase money security interest in and to all
Equipment to be sold to Customer hereunder, and the proceeds thereof, to secure
to Seller the full payment of the purchase price therefor. Customer agrees, upon
Seller’s request, to execute one or more UCC financing statements reflecting
Seller’s purchase money security interest. No Equipment furnished by Seller
shall become a fixture by reason of being attached to real estate. Customer’s
failure to pay any amounts when due hereunder shall give Seller the right to
possession and removal of or to render unusable the Equipment as permitted by
applicable law.
19. HIRING OF EMPLOYEES: Customer agrees that during the period this Contract is
in effect or while any Equipment orders between Customer and Seller remain
outstanding, and for a period of twelve (12) months thereafter (the “Restricted
Period”), Customer will not directly or indirectly, individually or as a
shareholder, investor, advisor, partner, member, manager, owner, director,
officer, employee, consultant or agent of any corporation, partnership, limited
liability company, or any other entity (a) solicit, encourage or have contact
with any of Seller’s employees for the purpose of encouraging them to end their
employment with Seller; (b) hire any person that is or was an employee of Seller
during the Restricted Period; or (c) solicit, encourage or have contact with any
of Seller’s contractors or their employees for the purpose of encouraging them
to end their relationship with Seller. In addition, Customer agrees that in the
event Seller institutes or becomes involved in any action to enforce or defend
this Section 19, Seller shall be entitled to recover from the Customer its
reasonable attorneys’ fees and costs related to such action.
20. EXPORT/IMPORT: Customer agrees to comply with all applicable import and
export control laws, regulations, orders and requirements, including without
limitation those of the United States, the European Union, and any other
jurisdiction in which the Seller and Customer are established or from which
items may be supplied.
21. GOVERNING LAW, VENUE AND LIMITATIONS: (a) This Contract shall be governed by
and construed in accordance with the laws of the State of Georgia. (b) Each of
the parties hereto submits irrevocably to the non-exclusive jurisdiction of the
courts of the State of Georgia, in Forsyth County, as regards any claim or
matter arising under this Contract, and hereby consents to personal
jurisdiction, service of process and venue in such courts in connection with any
such action and hereby waives, to the maximum extent permitted by law, any
objection, including any objection based on forum non conveniens, to the
bringing of any such proceeding in such jurisdiction. (c) No action or claim,
regardless of form, arising out of transactions under this Contract may be
brought by either party, more than two years after the cause of action or claim
has accrued.
22. OTHER TERMS AND CONDITIONS: (a) Customer shall not (by operation of law or
otherwise) assign its rights or delegate its performance hereunder without the
prior written consent of Seller, and any attempted assignment or delegation by
Customer without such consent shall be void. (b) Seller reserves the right to
modify the design of any Equipment without obligations or notifications, and
Seller is not obligated to so modify Equipment previously or subsequently sold.
(c) Should any clause, sentence or part of this Contract be held invalid, such
holding shall in no way affect the validity of the remainder, which shall remain
in full effect. Failure to enforce any or all of the provisions of this Contract
in a particular instance or instances, shall not constitute a waiver or preclude
subsequent enforcement thereof.
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