TERMS AND CONDITIONS OF SALE
Horsepower Ratings
PRICE-PAYMENT The prices stated are those in effect on the date hereof and are subject to change based on prices in effect on the date of shipment. Interest at the rate of 18% per annum shall be charged on overdue payments. Prices are for Seller’s standard packaging only, and F.O.B. Seller’s plant or warehouse. All orders are subject to credit approval. Terms of payment are net, 30 days. In the event of non-payment by Buyer, Buyer shall pay all of Seller’s costs of collection, including reasonable attorneys’ fees. Up to 5% over or under the specified quantity for made-to-order products may be shipped at Seller’s option.
CLAIMS (a)
Any claim relating to quantity or type shall be made to Seller in writing within 7 days after receipt of the products; any such claim made thereafter shall be barred. Any claim under the above-stated Limited Warranty shall be made to Seller in writing within three (3) months after receipt of the products; any such claim made thereafter shall be barred. Seller’s liability for breach of warranty or otherwise is limited to repair or replacement, at Seller’s option, of non-conforming or defective products. Buyer waives all other remedies, including, but not limited to, all rights to consequential, special or incidental damages, including, but not limited to, damages resulting from personal injury, death or damage to or loss of use of property.
100 Drive Xceeder ®
Horsepower Ratings - Maximum Speed - Small Sprocket (RPM)
No. of Teeth Small Sprocket
(b)
10
25
50
75
100
125
150
175
200
225
250
275
9
0.88
2.02
3.78
5.46
7.06
8.63
10.17
11.69
13.18
14.61
16.08
17.56
(c)
10
0.99
2.28
4.24
6.11
7.91
9.68
11.39
13.09
14.74
16.35
18.09
11
1.10
2.52
4.70
6.77
8.77
10.72
12.63
14.48
16.35
18.23
12
1.21
2.76
5.16
7.44
9.64
11.78
13.94
15.95
17.96
PERFORMANCE-CHANGES-DELAYS (a)
13
1.33
3.02
5.63
8.11
10.51
12.84
15.15
17.42
Any time for delivery stated herein is approximate. Delivery shall be deemed complete by tender of the products to a common carrier. Partial shipments are permitted. Orders are not subject to cancellation or revision, in whole or in part, without written approval of Seller. Should Buyer cause changes to be made in the design or construction of said products, or otherwise delay or interrupt the progress of the work hereunder, Buyer will reimburse Seller for any additional expenses arising therefrom. Seller shall not be liable for any delay caused by acts of God, riot or civil commotion, government orders, rules, regulations, suspensions or requisitions of any kind, strikes or other stoppages of labor or shortage in the supply of labor or material, fire casualties or accidents, or any cause, whether of the same or a different character, beyond Seller’s control. Any such delay shall extend the time for delivery of the products. Delay in delivery of any installment shall not relieve Buyer of its obligation to accept remaining deliveries. If delays due to Buyer’s fault exceed 60 days in the aggregate, the entire purchase price shall be due and payable to Seller on demand.
14
1.43
3.27
6.10
8.79
11.38
13.94
16.35
18.76
(d)
Repair, alteration, neglect or misuse of the products shall void all applicable warranties.
15
1.54
3.52
6.57
9.46
12.26
15.01
17.69
(b)
16
1.65
3.78
7.05
10.15
13.15
16.08
18.90
INDEMNIFICATION Buyer will indemnify, defend and hold Seller harmless from all loss, liability, damage and expense, including attorneys’ fees, arising out of any claim (a) for infringement of any patent, trademark, copyright, misappropriation of trade secrets, unfair competition or similar charge by any products supplied by Seller in accordance with the design or specifications furnished by Buyer, or (b) arising out of or connected with the products or any items into which the products are incorporated, including, but not limited to, any claim for product liability (whether or not based on negligence or strict liability of Seller), breach of warranty, breach of contract or otherwise. DUTIES AND TAXES In addition to the specified purchase price, Buyer will pay any and all federal, state or local taxes, duties, excises, license fees and other charges leveled, assessed or imposed upon Seller due to the manufacture, sale, purchase or delivery of the products. Buyer shall also pay the cost by which such manufacture is increased by reason of any law, ordinance or regulation adopted or promulgated by any government or governmental subdivision, department or agency, or other source, after the date hereof, but prior to the completion and delivery hereunder. SPECIFICATIONS, DRAWINGS, PATTERNS AND TOOLS Seller’s specifications, drawings, patterns and tooling shall be the sole and exclusive property of Seller unless otherwise agreed in writing. ENTIRE AGREEMENT These terms and conditions constitute the entire agreement between Buyer and Seller and supersede any inconsistent terms and conditions, whether contained in Buyer’s purchase order or otherwise, and whether made heretofore or hereafter. No statement or writing subsequent to the date hereof which purports to modify or add to the terms and onditions hereof shall be binding unless consented to in writing, which makes specific reference hereto, and which has been signed by the party against which enforcement thereof is sought. Seller reserves the right to change these terms and conditions without prior notice. RETURNED GOODS No goods will be accepted for return without prior written authorization by Seller. Freight must be prepaid on all such returns, and each return is subject to inspection and acceptance by Seller to assure the goods are in a “resalable” condition. A minimum 10% handling and restocking charge will be applied to all authorized returns. Special or made-to-order goods are NOT returnable. Attachment chains returned are at the manufacturer’s discretion.
17
1.77
4.03
7.52
10.83
14.07
17.16
(c)
18
1.88
4.29
8.00
11.53
14.88
18.23
19
2.00
5.21
8.48
12.21
15.82
19.30
20
2.10
4.80
8.97
12.91
16.75
20.51
(d)
21
2.22
5.07
9.45
13.67
17.69
22
2.33
5.32
9.93
14.34
18.50
23
2.45
5.59
10.43
15.01
19.43
24
2.56
5.84
10.91
15.68
20.37
25
2.68
6.11
11.41
16.49
21.31
26
2.80
6.38
11.90
17.16
(e)
28
3.03
6.90
12.89
18.63
30
3.26
7.44
13.94
19.97
RISK OF LOSS After delivery to the carrier, Buyer assumes the risk of all loss or damage to the products resulting from any cause whatever.
32
3.50
7.97
14.88
21.44
35
3.86
8.79
16.38
40
4.45
10.16
18.90
45
5.05
11.53
21.58
LIMITED WARRANTY Products manufactured by Seller: (a) conform to the design and specifications, If any, expressly agreed to in writing by Seller; and (b) are free of defects in workmanship and materials at the time of shipment. The warranties set forth in the preceding sentence are exclusive of all other warranties, express or implied, and extend only to Buyer and to no other person. ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXCLUDED. NON-RELIANCE Buyer is not relying upon any advice, representations or warranties (except the warranties expressly set forth above) of Seller, or upon Seller’s skill or judgment regarding the Seller’s products. Buyer is solely responsible for the design and specifications of the products, including without limitation, the determination of suitability for Buyer’s application of the products.
U.S. Tsubaki Power Transmission, LLC. © All rights reserved. 05/21
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