Site Terms & Conditions Prowinch, LLC.
GENERAL This SALES CONTRACT sets forth the Terms and Conditions pursuant to which the Purchaser identified on the front page hereof (“Purchaser”) will purchase and PROWINCH, LLC. (“PROWINCH”) will sell goods and/or services (hereinafter called “Products”), including those described on the front page of this SALES CONTRACT. All pictures shown are for illustration purpose only. Actual product may vary. These Terms and Conditions shall govern and apply to the sale of the Products or the execution of Services regardless of any terms and conditions appearing on any purchase order or other forms submitted by Purchaser to PROWINCH, or the inconsistency of any terms therein and herein.
CANCELLATION Purchaser shall not countermand or cancel this SALES CONTRACT or cause the work or shipment to be delayed, except with the written consent of, and upon terms agreed to by, PROWINCH and with full compensation to PROWINCH for any loss sustained by reason of any cancellation or delay.
PRICE unless otherwise noted, all prices set forth of this SALES CONTRACT are F.O.B. PROWINCH facilities. Prices are subject to change without prior notice. All prices are exclusive of any and all taxes, including, but not limited to, excise, sales, use, property, transportation and/or occupational taxes and such other taxes related to the sale or use of the Products, now or hereafter imposed, together with all penalties and expenses. Purchaser shall be responsible for collecting and/or paying any and all such taxes, whether or not they are stated in any invoice for the products. Purchaser shall indemnify and hold PROWINCH free and harmless from and against the imposition and payment of such taxes. PROWINCH, at its option, may at any time separately bill Purchaser for any taxes not included in PROWINCH’S invoice and Purchaser shall pay said taxes, or in lieu thereof, shall provide PROWINCH with a tax exemption certificate acceptable to all taxing authorities. Unless otherwise specified herein, all prices are exclusive of: (a) inland freight, insurance and other costs and expenses relating to the shipment of the products from the F.O.B. point, PROWINCH’S site, to Purchaser’s facility; and (b) any special packaging for the products required by Purchaser. In the event PROWINCH shall make arrangements for inland transportation, all costs and expenses relating to such inland transportation shall be for the account of Purchaser and shall be paid by Purchaser to PROWINCH upon presentation of PROWINCH’S invoice therefore. In the event Purchaser shall require any special packaging for shipment of the products, the cost for such special packaging shall be invoiced separately to and paid by Purchaser. In the event delivery of the products, or any part thereof, is delayed due to the fault of the purchaser, any and all additional costs and expenses incurred by PROWINCH resulting from such delay in delivery, including those relating to storage, shall be chargeable to and paid by Purchaser.
DELIVERY to a public carrier at the applicable PROWINCH’S facilities, consigned as Purchaser directs, shall constitute transfer of the shipment’s title, ownership, possession, and property to Purchaser at point of such delivery. Carrier will thereafter be deemed as acting for Purchaser and the shipment will be at Purchaser’s risk. IMPORTANT NOTICE TO PURCHASER: Do not accept any package(s) or item(s) until you have thoroughly checked and inspected their contents. You have the right to inspect the item(s) while the shipping company waits for your approval. If you find the item(s) to be damaged or incomplete, clearly note it on the bill of lading, refuse the package(s) or item(s) and return to shipper, and contact us immediately. By accepting the package(s) or item(s), you accept full responsibility of their condition. Any Damages or missing parts occurred during shipping will then become your full responsibility. Damaged or incomplete items will not be covered under any warranty and are non-refundable. We guarantee all of our items to work and be free from manufacturer’s defects. Defective items may be returned within 14 days of receipt for a replacement or full refund free of charge. After 14 days, buyer is responsible for return shipping costs. At which time a replacement will be sent at our cost or a refund of the purchase price will be given.
Non-defective items may be returned in original condition within 30 days of receipt for a refund of the purchase price of the item(s) less shipping. Buyer is responsible for return shipping costs. A 20% restocking fee applies.
LIMITED PRODUCT WARRANTY: PROWINCH, LLC. warrants all new machines against defects in material and workmanship for a limited period from the date of purchase stated in the invoice. Refer to the warranty information posted in the product description page, or contact us for the applicable limited product warranty period of a particular item. If your product is covered the Company will repair or replace at no cost F.O.B Miami, Florida, any part proving defective in materials or workmanship.
Hoists, Cranes and other Lifting and material-movement related equipment Users, must be knowledgeable about the safe and proper use of this equipment and be aware of their responsibilities as outlined in all applicable standards and regulations.
The ASME B30 Standard contains provisions that apply to the construction, installation, operation, inspection, testing, maintenance, and use of cranes and other lifting and material-movement related equipment.
The B30 Standard is intended to:
(a) Prevent or minimize injury to workers, and otherwise provide for the protection of life, limb, and property by prescribing safety requirements.
(b) Provide direction to manufacturers, owners, employers, users, and others concerned with, or responsible for, its application.
(c) Guide governments and other regulatory bodies in the development, promulgation, and enforcement of appropriate safety directives.
The equipment covered by the B30 Standard is subject to hazards that cannot be abated by mechanical means, but only by the exercise of intelligence, care, and common sense. It is therefore essential to have personnel involved in the use and operation of equipment who are competent, careful, physically and mentally qualified, and trained in the proper operation of the equipment and the handling of loads. Serious hazards include, but are not limited to, improper or inadequate maintenance, overloading, dropping or slipping of the load, obstructing the free passage of the load, and using equipment for a purpose for which it was not intended or designed.
Failure to Read, Understand and Follow the information in the corresponding ASME B30 Standard for your Hoist and Lifting equipment may result in severe INJURY or DEATH. It is YOUR RESPONSIBILITY to consider all risk factors and follow all the equipment related ASME B30 standard, which comprises the following volumes:
B30.1 Jacks, Industrial Rollers, Air Casters, and Hydraulic Gantries
B30.2 Overhead and Gantry Cranes (Top Running Bridge, Single or Multiple Girder, Top Running Trolley Hoist)
B30.3 Tower Cranes
B30.4 Portal and Pedestal Cranes
B30.5 Mobile and Locomotive Cranes
B30.8 Floating Cranes and Floating Derricks
B30.11 Monorails and Underhung Cranes
B30.12 Handling Loads Suspended From Rotorcraft
B30.13 Storage/Retrieval (S/R) Machines and Associated Equipment
B30.14 Side Boom Tractors
B30.15 Mobile Hydraulic Cranes
B30.16 Overhead Hoists (Underhung)
B30.17 Overhead and Gantry Cranes (Top Running Bridge, Single Girder, Underhung Hoist)
B30.18 Stacker Cranes (Top or Under Running Bridge, Multiple Girder With Top or Under Running Trolley Hoist)
B30.20 Below-the-Hook Lifting Devices
B30.21 Lever Hoists
B30.22 Articulating Boom Cranes
B30.23 Personnel Lifting Systems
B30.24 Container Cranes
B30.25 Scrap and Material Handlers
B30.26 Rigging Hardware
B30.27 Material Placement Systems
B30.28 Balance Lifting Units
B30.29 Self-Erecting Tower Cranes