281.227.9911 • fax 281.227.9912 • 15862 Diplomatic Plaza Dr. • Houston, TX 77032 • sales@tigervalve.com

Terms and Conditions of Sale

Effective September 15, 2017 these Terms and Conditions of Sale will apply to all Products and Services sold by Tiger Valve Company LLC

  1. Controlling Provisions:  These Tiger Valve Company LLC (“Tiger Valve”) Terms and Conditions of Sale (“Terms and Conditions”) will govern all sales of Tiger Valve Products and Services, including products, equipment, parts and services (“Products and Services”) manufactured or sold by Tiger Valve to Purchaser.  Any additional or different terms proposed by the Purchaser in any document are objected to and rejected and will not be binding upon Tiger Valve, unless agreed to in writing and signed by an authorized representative of Tiger Valve and the Purchaser.
  2. Prices:  All orders for Products and Services will be invoiced at the prices agreed.  Purchaser may, with the written acknowledgement of Tiger Valve, make changes in the Products or Services.  In such event the prices and delivery dates may be adjusted.  All prices subject to correction for error.
  3. Quotations:  Acceptance of quotation is subject to these Terms and Conditions and is expressly limited to 30 days from the date the quotation is issued in writing by Tiger Valve.  Tiger Valve reserves the right to withdraw any quotation prior to its acceptance.  All purchase orders issued by the Purchaser are subject to approval by Tiger Valve.
  4. Cancellation Restriction: No order accepted by Tiger Valve may be cancelled by Purchaser without the prior written consent of Tiger Valve, which consent will be conditioned on the Purchaser’s agreement to pay Tiger Valve’s cancellation charges.  For Product, which in Tiger Valve’s sole discretion is readily resalable, the cancellation charge shall be 25% of the invoice price for the Product.  For all other cancellations, the charge shall amount to costs and expenses incurred by Tiger Valve arising out of or in connection with the Purchaser’s cancellation of the order, net of recoverability, but not more than the invoice price.
  5. Taxes: Any sales, use or other taxes imposed on the sale of Products and Services are not included in the price and will be paid by or invoiced to the Purchaser.  Tiger Valve will accept a valid exemption certificate from the Purchaser, if applicable.  However, Purchaser shall protect, indemnify and hold Tiger Valve harmless from and against all liabilities in respect of all taxes.
  6. Freight Terms:  Products are shipped F.O.B. {Free on Board} from the facility designated by Tiger Valve to the destination point specified by the Purchaser.  Risk of loss shall pass to the Purchaser upon Tiger Valve’s delivery to the carrier, notwithstanding that Tiger Valve may make payment for all or part of the freight costs.
  7. Deliveries:  Tiger Valve shall not be liable for any direct, indirect or consequential damages or loss caused by delay in delivery or failure to deliver, regardless of the cause of the delay or failure and whether it results from Force Majeure or any other cause.  Purchaser agrees to look exclusively to Purchaser’s insurance to recover for injuries or damage in the event of any loss or injury and Purchaser releases and waives all right of recovery against Tiger Valve arising by way of subrogation.
  8. Claims for Shortages: The Purchaser shall make all claims for shortages in writing (which includes particulars of the shortage) within 10 business days after receipt of the Products.  Claims for shortages must be substantiated to the satisfaction of Tiger Valve.  Failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Purchaser.
  9. Terms of Payment:  The Purchaser shall fully pay the invoice within 30 calendar days from the date of invoice. If the Purchaser fails to fully pay Tiger Valve within the time provided, interest shall accrue on the unpaid balance at the rate of 1 and ½ % per month compounded monthly until the invoice and interest is paid in full or the maximum amount allowed by law, if less than 1 and ½ % per month.  In addition to interest, Purchaser agrees to pay for all other losses, damages or expenses incurred by Tiger Valve as a result of Purchaser’s failure to make timely payment, including, but not limited to, attorney’s fees incurred with the collection of payment.  It is expressly understood that all claims on the part to the Purchaser shall have no bearing on the obligation of the Purchaser to make timely payments under these Terms and Conditions.
  10. Credit Approval:  The acceptance of orders is subject to the satisfactory credit approval of the Purchaser at the sole discretion of Tiger Valve.  Tiger Valve may require full or partial payment in advance and it may determine at any time that it will not continue production or shipment on the terms specified.
  11. Disclosure and Non-Use of Tiger Valve’s Information:  Purchaser agrees that it will not disclose or make available to any third party any of Tiger Valve’s data or other information without obtaining written consent from a Tiger Valve authorized representative.
  12. Returned Goods:  The Purchaser shall not have the right to return any Products, unless Tiger Valve, in its sole discretion, issues to the Purchaser a numbered Return Materials Authorization (RMA). All products must be promptly returned and received in unused and in good and saleable condition.  Tiger Valve may, as a condition to agreeing that the Purchaser may return any Products, require the Purchaser to accept a credit which may be applied to subsequent orders.  Tiger Valve may charge a restocking charge up to 25% of the purchase price and any other related charges including, but not limited to freight and taxes.  Despite its prior consent to the return, Tiger Valve has the right to either reject the returned Products or to charge fees if, in the opinion of Tiger Valve, the Products returned are damaged from any cause whatsoever.  Special order items; non-stock or obsolete Products, as determined by Tiger Valve, may not be returned. No product outside the warranty period may be returned.
  13. Warranty:  Tiger Valve warrants Products manufactured or sold twenty four (24) months from date of shipment to be free from defects in workmanship and materials, not caused by or resulting from improper usage or application, subject to certain exclusions as defined below and provided all equipment is properly maintained and stored.
  14. Any repair work or services performed by Tiger Valve are warranted for twelve (12) months after completion of such repairs or service and applies only to work performed.  Should Tiger Valve receive notice from Purchaser within these twelve (12) months of any alleged defect in or nonconformance of any repair, then Purchaser shall return the Products to Tiger Valve’s specified service location at Tiger Valve’s request.
  15. In the event Tiger Valve shall determine that the Products are defective as a result of Tiger Valve defect in materials or workmanship based upon examination of the Products which Tiger Valve may deem appropriate, in its sole discretion.  Tiger Valve shall thereupon, (a.) repair the defective Products, (b.) replace with substantially identical Products, or (c.) accept the return of the defective Products and issue a credit to the account of the purchaser.  Tiger Valve shall bear all normal surface transportation costs but shall in no event bear any removal, uninstallation, re-installation, engineering or other costs incurred in connection with the repair or replacement.
  16. Tiger Valve’s warranty liability shall be limited to repair, replacement or account credit to be applied to subsequent orders and shall not include claims for labor costs, expenses of Purchaser resulting from defects, recovery under general tort law or strict liability or for damages resulting from delays, loss of use or other direct, indirect, incidental or consequential damages of any kind.
  17.  
  18. TIGER VALVE’S WARRANTY SHALL BE NULL AND VOID
    FOR THE FOLLOWING PRODUCTS AND SERVICES IF:
  19.  
  20. 1. Tested, or subjected to, any pressure greater than the stated working pressure.
  21. 2. Repaired, altered, or modified by any contractor, laborer, person or entity that has not been authorized in writing by an authorized representative of Tiger Valve.
  22. 3. In Tiger Valve’s sole discretion, that has been subject to negligence, accident, improper storage, or improper handling.
  23. 4. Not properly operated or maintained in accordance with normal practices and industry standards.
  24.  
  25. THIS WARANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED THE FOREGOING WARRANTY.
  26.  
  27. Force Majeure:  In the event that Tiger Valve is unable, due to Force Majeure, to observe or perform any of the obligations imposed upon it under these Terms and Conditions, Tiger Valve shall be deemed not to be in breach of these Terms and Conditions, and the performance or observance of its obligations will be suspended to the extent to which those obligations are affected by the Force Majeure event.  A claim of Force Majeure by Tiger Valve shall not suspend or reduce the obligation of the Purchaser to make payment to Tiger Valve as and when required for all Products and Services delivered or provided to the Purchaser.
  28. Governing Law:  These Terms and Conditions shall be governed by, and be construed in accordance with the laws of the State of Texas.  Purchaser agrees that the jurisdiction is in any federal or state court in Harris County, Texas.  This provision shall not be construed to affect the rights of Tiger Valve to enforce a judgment or an award outside of Texas.
  29. Waiver: The failure of either Tiger Valve or the Purchaser to insist on performance of or failure to exercise any right or the waiver of any breach of any of these Terms and Conditions shall not waive any other terms, conditions, privileges or rights, whether of the same or similar type and will not preclude subsequent enforcement of any of these Terms and Conditions.
  30. Effect of Assignment:  No assignment by the Purchaser of any of its rights in and to any of the Products and Services shall relieve the Purchaser from its obligations to fully pay for the Products and Services purchased by it in accordance with the terms hereof.

 

281.227.9911 • fax 281.227.9912 • 15862 Diplomatic Plaza Dr. • Houston, TX 77032