Terms and Conditions of Sale

Prices:
Prices are stated in U.S. Dollars at User Net (List Price) less applicable discount or Net if so stated. Verbal quotes are subject to confirmation by a written quotation from authorized personnel of FW Murphy Production Controls. Verbal quotations expire, unless an order is accepted the same day they are made. Written quotations automatically expire in 30 days unless otherwise stated in writing. They can be terminated by written notice within that period. Price changes apply to all orders received after the effective date and will be billed at the latest price. Blanket orders with scheduled releases will be billed at the new price on the effective date.

Taxes:
All prices, published or quoted do not include applicable local, state or federal taxes. Applicable taxes must be paid by the Purchaser.

Minimum Billing:
All orders are subject to a net minimum billing.

Orders:
All orders must be bona fide commitments showing stipulated quantities, complete item descriptions and required dates if applicable. We reserve the right to make design changes or improvements without notice.

Penalties and Delays:
No penalty clause of any kind will be effective unless approved in writing by an authorized officer of FW Murphy Production Controls. The company will not be liable for any delay or damage caused by circumstances beyond FW Murphy Production Controls reasonable control, including fire, strike, acts of the Purchaser, insurrection, acts of God, transportation failures or inability to obtain labor, materials or manufacturing facilities.

Acceptance:
No order is binding upon the company until accepted by an authorized official of FW Murphy Production Controls.

Cancellation and Alterations:
Any order or contract may be canceled or altered by the Purchaser only upon payment of reasonable charges based upon expenses already incurred and commitments made by FW Murphy Production Controls for the benefit of the Purchaser.

Damage and Loss:
Murphy products are packed in specially designed cartons to protect them from shipping damage. Responsibility for delivery lies in the carrier upon our delivery to him and upon his acceptance of the merchandise. All shipments should be inspected upon receipt at destination for damage, either visible or concealed. Claims for loss or damage should be filed with the carrier immediately. FW Murphy Production Controls will assist in so far as is practical in securing satisfactory adjustment of claims. However, all claims for loss and damage must be made by the Purchaser to the carrier.

Shortages:
Shortages in shipment must be reported within 15 days of material receipt or of invoice date and must be accompanied by the packing list. We reserve the right to back order any item unless you request that shipment be made in full, in which case we will schedule the complete shipment at the earliest date possible.

Terms of Payment and Reservation of Title:
Terms are net 30 days from date of invoice with approved credit. FW Murphy Production Controls reserves the right to require full or partial payment in advance of shipment where the financial condition of the Purchaser does not justify continuance of production or shipment on the terms of payment specified. Orders from Purchasers with unapproved credit ratings may be shipped C.O.D. with reservation of title in FW Murphy Production Controls until purchase price shall be paid in full. Export terms will be quoted.

All prices are F.O.B. our plant, Tulsa, Oklahoma; Rosenberg, Texas; or San Antonio, Texas.

Return of Equipment:
Material may be returned for credit only upon prior approval of authorized FW Murphy Production Controls representative. Accepted items require a Returned Materials Authorization Number (RMA#), must be returned all charges paid and be sufficiently packed to prevent damage during shipment. Items must be new and unused and must have been purchased in the past six months. You must cite your purchase order number and our invoice or order number. Items must be returned through the same channels as purchased. A 15 percent minimum restocking charge will be made against all returns of Standard (Make-to-Stock) items. A higher re-stocking charge will apply to all Non-Standard (Assemble-to-Order) items. Custom (Make-to-Order) or special purchase items are not returnable. Credit will apply to future purchases and is not refundable.

Repairs:
Repair services are available for selected products. Customers will be advised of applicable evaluation fees and estimated repair charges prior to the return. Items returned for repair require a Returned Materials Authorization Number (RMA#) and must be returned all charges paid.

Warranty:
All FW Murphy Production Controls manufactured products are warranted against defects in materials and workmanship. The Warranty statement is available upon request or is available on our Website at www.fwmurphy.com/warranty. Repairs beyond the new product warranty carry a 90-day repair warranty.

Possession of a Murphy catalog and/or price list does not imply the right to purchase as an authorized FW Murphy dealer.