Terms & Conditions

Agreement -- This agreement is between Bingham Industries of Panama City, Panama ("Bingham Industries") and Buyer for the sale of the Bingham Industries products or parts covered in this invoice shall consist of the terms and conditions herein, shall constitute the entire agreement between the Parties for such sale, and shall supersede all prior oral or written representations or agreements between the Parties. This Agreement may only be modified by a written amendment signed by an authorized representative of both Parties. Bingham Industries objects and shall not be bound by any additional or different terms, whether printed or otherwise in Buyer’s purchase order or any other communication from Buyer unless expressly agreed to by Bingham Industries in writing. Prior courses of dealing between the Parties or trade usage, to the extent they add to, detract from, supplant or explain this Agreement, shall not be binding on Bingham Industries.

Safety Training -- Bingham Industries products are designed to use highly pressurized water to perform waterblasting operations. Misuse or improper maintenance of these products may cause damage to the product, other property damage, serious personal injury or even death. Accordingly Buyer agrees to become familiar with and follow the instructions available from Bingham Industries for the safe and proper operation and maintenance of the product and to train all personnel who will use the product in the safe and proper operation and maintenance of the product in accordance with the recommended safety and maintenance practices in the operations manual or video available from Bingham Industries. Should Buyer or its personnel at any time have a question regarding the proper use and maintenance of the product or the proper installation, use or maintenance of any part or accessory, Buyer agrees to contact a Bingham Industries representative for further instruction.

Warranty --  Bingham Industries warrants its product parts to be free from defects in material and workmanship for 30 days from the date of invoice. This warranty covers only metal parts sold individually or as part of an assembled waterblasting unit. This warranty does not cover damage due to normal wear and tear; misuse or failure to use or maintain a part or product in accordance with operating or maintenance instructions furnished by Bingham Industries; improper installation by Buyer or alteration of a part or accessory; or use of an unauthorized or non-standard part or accessory. Items not manufactured by Bingham Industries are covered only by the warranty of the actual manufacturer. Bingham Industries expressly disclaims all other representations and warranties, express or implied.

Warranty Service --  During the warranty period, Bingham Industries will provide warranty service for any covered part or product returned by Buyer to Bingham Industries, shipping prepaid by Buyer, for inspection by Bingham Industries, and such inspection reveals a defect in material or workmanship. Bingham Industries will then, at its option, repair or replace the part or product and reship to Buyer F.O.B. Bingham Industries’s warranty service center, or refund the purchase price for the part or product. Buyer bears the risk of loss or damage to the part or product during shipment to and from Bingham Industries.

Limitation of Liability -- Buyer’s sole remedy for breach of warranty shall be as set forth above. Bingham Industries shall not be responsible for loss of use of any product, lost profits or any indirect, consequential or punitive damages, nor shall Bingham Industries liability for any other damages whatsoever.  Buyer shall defend and indemnify Bingham Industries against any expense, loss, suit or damages caused by any act or omission of Buyer in the use or maintenance of a Bingham Industries product, part or accessory.

Price/Credit/Payment --  Except for a price quotation, which is valid for 30 days, Bingham Industries may change its pricing without prior notice. Prices quoted for the manufacture of any non-standard item will be an estimate only and actual prices will be known only after the completion of the product. Bingham Industries may establish credit limits as it sees fit and may require the submission of a credit application at any time. Orders will be shipped on open account only to Buyers whose credit has been previously approved by Bingham Industries. Unless Bingham Industries and Buyer have agreed to other terms, all invoices are due 30 days from invoice date. A finance charge will be assessed at the rate of 1.5% per month thereafter on unpaid invoices. Buyer will indemnify Bingham Industries for all costs incurred by Bingham Industries, including attorney’s fees, to collect any past due account of Buyer.

Shipping --  All shipments are made F.O.B. Bingham Industries’s factory and risk of loss passes to Buyer upon delivery to the carrier. Freight charges prepaid by Bingham Industries will be added to Buyer’s invoice. Freight charges on certain may require special handling by Bingham Industries, and Bingham Industries reserves the right to charge a minimum $50.00 additional handling fee on these shipments. Where this charge applies, Bingham Industries will so inform the Buyer at the time of the order is placed and the method of shipment is agreed upon. Unless specifically instructed by Buyer otherwise, Bingham Industries will insure all shipments on Buyer’s behalf for either the full value of the transaction or the minimum insurance amount offered by the carrier, whichever is less. Should the value of the transaction exceed the minimum insurance coverage, Buyer shall bear the risk of uninsured loss.

Taxes --  Prices are exclusive of all taxes relating to the sale. Buyer is responsible for payment of all taxes, whenever imposed, regardless of whether taxes are stated in this invoice, including any related penalty, interest or other expense. Buyer shall indemnify Bingham Industries for any tax liability of Buyer paid by Bingham Industries. Bingham Industries, at its option, may at any time separately bill Buyer for any taxes not included in Bingham Industries’s invoice and Buyer shall pay such taxes, or in lieu thereof, shall provide Seller with a tax exemption certificate acceptable to taxing authorities.

Claims & Returned Goods --  Short shipments, damage, or defective goods must be reported to Bingham Industries promptly upon receipt of shipment. No parts or products may be returned without prior approval of Bingham Industries. If a delivery is incorrect due to Bingham Industries error, any product shipped in error may be returned provided the goods are in resellble, like-new condition, and the correct item will be shipped to Buyer. If a standard item was incorrectly ordered by Buyer, Buyer may return the item at its expense provided the item is in resalable, like-new condition. Bingham Industries will promptly ship the correct item but may charge a fee for restocking the returned item equal to 20% of its price. Non-standard items incorrectly ordered by the customer may not be returned. In all cases, the decision of Bingham Industries is final.

Repair Policy -- Bingham Industries will repair an item only at its option, and only after first inspecting the item to determine reparability. All cost and risk associated with shipping the item to Bingham Industries for inspection will be Buyer’s responsibility. For safety reasons, certain items are ineligible for .

Governing Law --  This Agreement shall be governed by the laws of the Republic of Panama or Snohomish County, Washington, USA. Venue for any dispute between the Parties that arises under this Agreement must be filed in a state or federal court in Snohomish County, Washington.

Acceptance --  Buyer has read and understands the foregoing and indicates its acceptance of the terms and conditions for this transaction by its receipt and acceptance of the parts and/or products listed in the invoice.