Terms & Warranty

Conditions of Sale: All orders for products distributed by CBE, Ltd. shall be subject to the terms and conditions set forth herein. Any additional or different terms of Buyer’s purchase order or other form of acceptance are rejected in advance and shall not become a part of the order. All orders are subject to final acceptance by CBE, Ltd. at its office in Taylor, Texas.

F.O.B. Point: All CBE, Ltd. products are priced F.O.B. EX-FACTORY and purchaser shall be responsible for all costs of transportation. CBE, Ltd. reserves the right to make partial deliveries and to ship products as they come available. Dates of delivery are determined from the latter of the date of CBE, Ltd.’s acceptance of any order or the date of receipt of any information necessary for production and are estimates of approximate delivery dates, not a guaranty of a particular day for delivery. If shipment is delayed at purchaser’s request, purchaser will make payments as if the products had been shipped on the date ready for shipment. If completion of manufacture is delayed at purchaser’s request, CBE, Ltd. may require payment according to percentage of completion. Purchaser shall bear the risk of loss with respect to products held for purchaser. Shipping dates submitted are approximate. Seller will use its best efforts to meet the approximated shipping date provided the Buyer supplies all necessary information, but Seller shall not be held responsible for failure to do so. Shipping date is based upon construction to normal Seller standards (unless otherwise specified herin) and further dependent upon vendor’s and subcontractor’s delivery commitments.

Prices: Prices for products are subject to change without notice. Unless otherwise provided therein, written quotations automatically expire thirty (30) days from the date issued. Prices quoted are for the specific products identified and do not include charges for packaging, installation or other services.

Terms of Payment:Unless otherwise specified by CBE, Ltd., the terms of payment on all orders are 50% down with purchase order, 35% for release from the factory and the balance Net 30 days from the date of shipment. The only payment terms that CBE, Ltd. will agree to are those it supplies in writing. No variations or modifications to payment terms are allowed without prior agreement in writing by authorized CBE, Ltd personnel. Purchaser agrees to make full payment under these terms without setoff. Full payment for international orders is full payment prior to release from the factory. CBE, Ltd. requires 50% down with the order and the balance prior to shipment.

If any proceeding is initiated by or against purchaser under any bankruptcy or insolvency law, or if, in CBE, Ltd.’s judgment, purchaser’s financial condition at the time products are ready for shipment does not warrant the extension of credit to purchaser, CBE, Ltd. may require full payment in cash, prior to making shipment.

Letters of Credit: If payment is arranged through a letter of credit, All banking charges are the responsibility of the buyer.

Taxes:All prices are exclusive of any applicable federal, state or local sales, use, excise or other similar taxes, and all such taxes shall be paid by purchaser. In the event CBE, Ltd. is required to pay any such tax, the purchaser shall reimburse CBE, Ltd. immediately upon submission of invoice.

Specification Changes: No changes from original specifications on which an accepted proposal or order is based shall be valid unless in writing and signed by an authorized representative of CBE, Ltd. If any such change results in increased costs to CBE, Ltd., then such additional expense shall be added to the original purchase price.

Force Majeure: CBE, Ltd. shall in no event be liable for delays in delivery of other failures to perform caused by fires, strike, lab difficulties, war, acts of civil or military authorities, acts of God, transportation failures, delays in transportation, or procuring materials or any other causes beyond CBE, Ltd.’s control.

Risk of Loss in Shipment: Risk of loss and title to products shall pass to purchaser at the time of delivery of the products by CBE, Ltd. to the carrier at the point of shipment. Any claims for damage or loss in transit must be made by the purchaser directly to the carrier. Claims for shortages or non-conforming products must be made in writing to CBE, Ltd. within thirty (30) days after receipt of the shipment by the purchaser. Failure to give CBE, Ltd. such written notice shall be deemed an unqualified acceptance of the products by purchaser.

Returned Products: No CBE, Ltd. products are to be returned without a Return Authorization number given by an authorized representative of CBE, Ltd. Returned products that CBE, Ltd. accepts for credit are subject to a minimum handling charge of twenty-five percent (25%). All such products must be properly packaged to reach CBE, Ltd. without damage.

Warranty: CBE, Ltd. warrants to the original purchaser its products (and their component parts) against defects in materials and workmanship under normal use and service for a period of (1) year from the date of shipment from the manufacturer’s location. Purchaser must give CBE, Ltd. written notice of any alleged defect covered by this warranty (together with all identifying details, including the serial number, the type of equipment and the date of purchase) within thirty (30) days of the discovery of such defect during the warranty period. No claim made more than thirty (30) days after the expiration of the warranty period shall be valid. THIS WARRANTY IS THE SOLE WARRANTY OF CBE, Ltd. AND CBE, Ltd. HEREBY EXPRESSLY DISCLAIMS AND PURCHASER WAIVES ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED IN LAW OR IMPLIED IN FACT, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Seller’s sole obligation under this warranty shall be, at its option, to repair or replace any product (or its component parts) which has a defect covered by this warranty, or to refund the purchase price of such product or part. Under the terms of this warranty, Seller shall not be liable for: (a) equipment conditions caused by normal wear and tear, abnormal conditions of use, accident, improper storage, neglect, or misuse of said equipment; (b) the expense of, and loss or damage caused by, repairs or alterations made by anyone other CBE, Ltd.; and (c) damage caused by abrasive materials, chemicals, scale deposits, corrosion, lighting, improper voltage, mishandling, or other similar conditions.

If the machinery does not so perform within a mutually agreeable length of time, Seller will accept the machinery return, freight prepaid, for refund all money paid to it on the purchase price of the machinery (excluding any charges for installation costs). Seller’s liability under this paragraph shall be limited solely to accepting the return of the machinery, and this shall be the only remedy of the Buyer. If machinery was manufactured especially for buyer to special specifications, a restocking charge of at least 25% will be levied. The liability of Seller to Buyer arising out of the sale of the machinery or its uses, whether in warranty contract, negligence or otherwise shall not in any case exceed the cost of correcting defects in the machinery. No other representations, guaranteed or warranties, expressed or implied, will be honored by Seller. Buyer shall not in any circumstances be entitled to make any claim for, nor shall Seller be liable for, any other special, indirect or consequential damages of any kind arising out of this transaction.

LIABILITY LIMITATION: The total liability of CBE, Ltd. on any claim, whether in contract, tort (including negligence), under warranty or otherwise, arising out of, connected with, or resulting from the manufacture, sale, delivery, resale, installation, repair, replacement, or use of any product shall not exceed the purchase price of the product or the part thereof giving rise to the claim. Under no circumstances shall CBE, Ltd. be liable for any penalties or special, liquidated or consequential damages including, but not limited to, lost profits, lost production, loss of use, cost of capital, overhead, removal of products or cost of substitute facilities. The laws of the State of Texas shall govern the terms of any order and any dispute arising in connection therewith.

PRODUCTS AND PRODUCT TESTS: Seller warrants accuracies quoted at industry standard 2 Sigma (95%) provided actual product being used is identical to product samples (if sent) and/or we are given in writing descriptive characteristics provided by Buyer. Our warranty is that bag filling devices will perform to these speeds and accuracies for a limited test time. We can not accept any responsibility for daily averages as too many variables beyond or control are involved.

INDEMNIFICATION: Purchaser will indemnify and hold CBE, Ltd. harmless from and against any claim, liability, damage, loss, expense, or judgment arising from injury (including death) to any person (whether an employee of purchaser or any other person) or damage to any property, however caused, arising from the sale, resale, repair, replacement or use of any product sold and based, whether in whole or in part, on purchaser’s negligence or misuse of the product.

SECURITY INTEREST: The parties hereby agree that CBE, Ltd. has a security interest in said goods until payment in full is received. Title to the machinery shall remain in seller, notwithstanding delivery, until buyer pays the full purchase price and complies with all other terms. Prior to passing title, buyer agrees not to pledge, mortgage, encumber, assign or transfer any interest which buyer may have in the machinery without the written consent of seller.

CRATING: Domestic crating - $300.00, Export crating - per job and destination