Terms and Conditions

1. General
   1. These terms and conditions ("Terms and Conditions") apply to the sale of products or the provision of non-warranty repair services ("Services") by Busch, LLC ("Busch") for all Busch manufactured vacuum pumps and related equipment ("Products"). A purchaser of Products or Services from Busch is referred to as a "Purchaser" herein.
   2. THE DETAILED "TERMS AND CONDITIONS FOR THE SALE OF PRODUCTS" AND "TERMS AND CONDITIONS FOR REPAIR SERVICES" (COLLECTIVELY BOTH ARE REFERRED TO AS "TERMS AND CONDITIONS") ARE FULLY SET FORTH ON THE BUSCH'S WEBSITE www.buschusa.com WHETHER YOU ARE PURCHASING PRODUCTS OR SERVICES FROM BUSCH, THE APPLICABLE DETAILED TERMS AND CONDITIONS SHALL APPLY TO THE TRANSACTION. PLEASE CONSULT THE BUSCH WEBSITE FOR THE APPLICABLE TERMS AND CONDITIONS ALL OF WHICH ARE INCORPORATED BY REFERENCE AS IF FULLY SET FORTH HEREIN.
2. Price and Payment Plans
   • The prices and payment terms for the sale of Products or Services shall be set forth in a written quotation issued by Busch. If the quotation issued by Busch does not specify payment terms, those shall be governed by the appropriate Terms and Conditions on the Busch website. In the event a Purchaser defaults in the payment of the purchase price of the Products or Services provided by Busch, Purchaser agrees to pay all costs of collection Busch may incur, including reasonable attorneys' fees and court cost. Busch's minimum order value is $50 regardless of payment method. Any orders under that value will be billed at the minimum $50 value.
3. Taxes
   • Purchaser shall be responsible to pay all present and future sales, use, occupation, excise of other taxes arising out of the sales of Products or Services to Purchaser, all of which taxes shall be paid by Purchaser at the time of the shipment of Products or the provision of Services.
4. Limited Standard Warranty
   • Busch warrants that all Products furnished by it are free from defects in material or workmanship at the time of shipment, for the periods of time indicated in the Terms and Conditions. Similarly, Busch warrants that labor and materials for Services to repair Products will be free from defects in material or workmanship for a period of twelve (12) months from the date of shipment, except as noted otherwise in the Terms and Conditions or in a Busch quotation. Purchaser should review the specific Terms and Conditions for more detailed provisions relating to the limited standard warranty. Other than this express warranty, BUSCH DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL BUSCH BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE OPERATION OR USE OF THE PRODUCT OR THE SERVICES PROVIDED.
5. Export Control
   1. All Busch proposals are based on the final destination being within the continental United States. Additional charges may apply for those orders being shipped abroad due to customs and export control laws. Dependent upon the final destination of the goods ordered, US export regulations (dictated by the US Department of Commerce's Bureau of Industry and Security "BIS") must be followed which may delay or affect Busch's acceptance of your order.
   2. Additionally, Busch's obligations to sell the product or services to Purchaser hereunder are expressly contingent upon the legality of Busch's export of the product or services to Purchaser. If at any time Busch's export of the product or services to Purchaser is deemed not in compliance with the Export Administration Act of the United States, as amended from time to time, and the rules and regulations promulgated thereunder, then Busch's obligation to sell the product or services to Purchaser shall be indefinitely suspended until such time that compliance with such laws, rules, and regulations is effected. Busch and Purchaser agree to use their best efforts to comply with such laws, rules, and regulations at all times.
6. Purchase of Products or Services
   1. All other issues concerning the purchase of Products or the provision of Services are set forth more specifically in the appropriate Terms and Conditions set forth on Busch's website www.buschusa.com. Purchaser acknowledges it has access to the Busch website, and has the ability to review the complete and applicable Busch Terms and Conditions, which are a part of any quotation issued or purchase order entered into by Busch.
   2. If Purchaser issues a purchase order to purchase Products or Services, then such purchase order will be subject to the appropriate Busch Terms and Conditions. If any Purchaser issues a purchase order that contains terms and conditions at variance with the Busch Terms and Conditions, they shall not be binding on Busch, unless specifically agreed to in writing by Busch.

Revised 02/01/2017

Limited Standard Warranty
 

1. Prices
   • Prices and the governing terms and conditions of sale are those set forth in Busch's current price lists and are subject to change without notice. Unless otherwise specifically agreed, all prices are for material packed for domestic shipment and for delivery EX WORKS ORIGIN (EXW Origin); Incoterms 2010. Shipment will be freight collect. Busch's minimum order value is $50 regardless of payment method. Any orders under that value will be billed at the minimum $50 value.
2. Payment
   1. Unless otherwise agreed upon in writing, terms of payment for an order with a sales price under $100,000 are cash, in United States dollars, ½%10 days, net 30 days from date of shipment. For an order, or a series of orders, with a combined sales price of $100,000 or more, payment terms are: 10% due with order, 30% due on receipt of approved drawings, 30% due prior to shipment, and balance due 30 days after shipment. Credit card payments may be accepted for Visa and MasterCard if received at time of order and with Purchaser's Purchase Order. The card will be charged at the time of shipment. Early payment discounts do not apply to credit card payments. Credit card payments for an order, or a series of orders, with a combined sales price of $100,000 or more will be subject to the same schedule of progress payments as stated herein. Prior to shipment, a hold will be placed on any order until the scheduled payment is received. An interest charge of 1½% per month or any portion thereof shall be payable on unpaid balances after 45 days from date of shipment.
   2. Accounts must be paid free of exchange, collection, or other charges. All orders are subject to the approval of Busch's Credit Department, and Busch may require full or partial payment in advance. Pro rata payments shall become due as shipments are made, except where shipments are delayed by the Purchaser for any reason, in which event payments shall become due from the date on which Busch is prepared to make shipment. Busch may elect to require payment based on the contract price or percentage of completion related to achievement of a project milestone, project milestones being defined as a step performed by Busch or an event or occurrence in the course of a contractual period. Any property held for Purchaser shall be at the risk and expense of the Purchaser.
   3. In the event that Purchaser shall default in payment in accordance with the first paragraph of this section, then the Purchaser agrees to pay all costs of collection including reasonable attorney's fees and court costs.
   4. In the event that the Purchaser shall default in payment, Purchaser agrees to specifically allow Busch to have access to the machinery, and Busch at its option without electing its remedies, may repossess said machinery, giving the Purchaser credit for the subsequent resale value, if any. If the repossessed machinery, subsequently sold by Busch, is insufficient to satisfy the outstanding balance, Purchaser agrees to pay any deficiency.
3. Taxes
   • The Purchaser shall reimburse Busch for any present or future sales, use, occupation, excise, or other tax arising out of sales of products to the Purchaser upon receipt of Busch's invoice for the amount of the tax or, at the option of Busch, the Purchaser shall provide Busch with a tax exemption certificate acceptable to the appropriate taxing authorities.
4. Delivery and Partial Shipments
   • Delivery is EX WORKS ORIGIN (EXW Origin); Incoterms 2010. Shipping dates are estimates that are not guaranteed and are based upon prompt receipt of all necessary information. Busch shall in no event be liable for delays caused by fire, acts of God, strikes, labor difficulties, acts of governmental or military authorities, delay in transportation, or in procuring materials or causes of any kind beyond Busch's control. Partial shipments may be made and payments therefore shall become due in accordance with the terms hereof or as shipments are made and invoices rendered. Requests made by the Purchaser for expedited shipments (other than Busch's normal business practice including extended working hours) on finished goods may be fulfilled at Busch's sole discretion and will be subject to an additional charge of $250 which will be added to the Purchaser's invoice. Busch approved expedited shipments must be authorized in writing by the Purchaser prior to shipment.
5. Limited Standard Warranty
   1. Busch warrants that all products furnished by it are free from defects in material and workmanship at the time of shipment for a period as indicated: All Busch vacuum pumps, unless otherwise stated, are covered by an 18-month warranty from the date of shipment, or 12 months from the date of installation, whichever occurs first; Reconditioned vacuum pumps are covered by a 12-month warranty from the date of shipment; Other Busch parts and components carry a 90-day warranty from the date of shipment.
   2. The Limited Standard Warranty is valid only when the product has been properly installed, used in a normal manner, and serviced according to the operating manual. This Warranty shall not extend to products that have been misused, neglected, altered, or repaired without Busch factory authorization during the warranty period. The replacement of wear items including, but not limited to, seals, bearings, couplings, oil drain plugs, oil fill plugs etc., made in connection with normal service, are not covered by this Warranty. We highly recommend the use of Busch oils and parts to achieve documented performance and efficient operation. The use of oils or parts other than Busch could limit the life expectancy of the Product and may void any warranties. Operating conditions beyond Busch's control such as improper voltage, excessive ambient temperatures, or other conditions that would affect the performance or life of the product will also cause the Warranty to become void.
   3. When warranty evaluation is requested to be conducted in the field, the Purchaser is responsible for all non-warranty related expenses including but not limited to travel expenses, travel labor, installation & removal costs, etc. and a Purchase Order will be required regardless of the results of the warranty evaluation.
   4. Permission to return Product(s) for warranty repair must be obtained from Busch, and all returns must be prepaid to the Busch factory. Removal of Product(s) from installation is the Purchaser's responsibility. All Product(s) returned must be properly decontaminated and/or do not contain any residues of harmful substances and must be accompanied by a completed Declaration of Decontamination form. If, after examination, the product or part is found to be defective, it will be repaired or replaced on a no-charge basis and returned, EX WORKS ORIGIN (EXW Origin); Incoterms 2010, domestic shipments only. If it is determined that the Warranty has not been breached by Busch, then the usual charges for repair or replacement will be made, EX WORKS ORIGIN (EXW Origin); Incoterms 2010, domestic shipments only. Parts or products that are obsolete or those made to special order are not returnable. Replacement or repaired products will be covered by this Limited Standard Warranty for the remainder of the original product's warranty period as stated above.
   5. This Limited Standard Warranty applies only to the above and is for the period set forth. Busch's maximum liability shall not, in any case, exceed the contract price for the product, part, or component claimed to be defective; and Busch assumes no liability for any special, indirect, or consequential damages arising from defective equipment.
   6. BUSCH DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL BUSCH BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE OPERATION OR USE OF THE PRODUCT.
6. Quotations
   • Unless otherwise stated, written quotations expire after 60 days from issuance. The most recent quotation for a transaction supersedes all previous quotations and agreements relating to the transaction.
7. Return of Restockable Goods
   • No goods may be returned for credit or under claim of Warranty without Busch's written consent and shipping instructions. Restockable goods may only be returned if within thirty (30) days from the original date of shipment and must be returned in the same condition and packaging as originally dispatched by Busch. The Purchaser is responsible for all costs involved for the return of goods and is subject to the cancellation terms set forth below. Credit will only be issued once the goods have been received and condition evaluated.
8. Claims
   • Claims for shortage must be made within five (5) days after receipt of goods. All other claims must be made within 30 days of shipping date.
9. Cancellations
   • In the event a purchaser cancels a purchase order for any reason after receipt at the Busch factory and prior to shipment, the following cancellation charges apply:
     - Standard (restockable) parts and accessories: 15% of contract value.
     
     - Standard (restockable) pumps: 25% of contract value.
     
     - Engineered pumps and systems:
     
     (1) Order entered but engineering not started: 5% of contract value.
     
     (2) Engineering and drawings initiated: 10-30% of contract value prorated based upon the degree of completion of engineering and drawings.
     
     (3) Order released for manufacture and purchase orders for third party components placed: 35% of contract value plus an additional charge based on cancellation charges incurred by Busch, and an additional charge prorated based upon the degree of completion of the orders.
     
     (4) Manufacturing completed: 100% of contract value. 
     
     - Minimum cancellation charge: $50.
10. Acceptance
    1. All orders are subject to acceptance by Busch at its home office. No changes or modifications of the above Terms and Conditions shall be binding upon Busch unless made in writing and signed by Busch. No provisions of Purchaser's order, which contradict, modify, or add to any of the provisions of this proposal, shall be binding unless made in writing and signed by Busch. In no event shall any claim for consequential or special damages be made by either party.
    2. The Purchaser accepts all risks incidental to the use of Busch products. Additionally, the Purchaser agrees to hold Busch harmless and indemnify Busch from any and all legal fees, costs, claim, liability, loss, or any other expense or damage sustained by reason of injury to person or property for which Busch may be sued or become liable solely or jointly as a result of any claim based upon the Purchaser's use, or resale and use by any successor to Purchaser, of Busch product or those products serviced by Busch.
11. Export Control
    1. All Busch proposals are based on the final destination being within the continental United States. Additional charges may apply for those orders being shipped abroad due to customs and export control laws. Dependent upon the final destination of the goods ordered, US export regulations (dictated by the US Department of Commerce's Bureau of Industry and Security "BIS") must be followed which may delay or affect Busch's acceptance of your order.
    2. Additionally, Busch's obligations to sell the product or services to Purchaser hereunder are expressly contingent upon the legality of Busch's export of the product or services to Purchaser. If at any time Busch's export of the product or services to Purchaser is deemed not in compliance with the Export Administration Act of the United States, as amended from time to time, and the rules and regulations promulgated thereunder, then Busch's obligation to sell the product or services to Purchaser shall be indefinitely suspended until such time that compliance with such laws, rules, and regulations is effected. Busch and Purchaser agree to use their best efforts to comply with such laws, rules, and regulations at all times.
12. Interpretation
    • This Agreement shall be construed in accordance with the laws prevailing in the Commonwealth of Virginia. This Agreement contains the entire Agreement between the parties hereto.
13. EOE/AA
    • Busch, in compliance with Executive Order 11246, as amended, the Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans Readjustment Act of 1974, as amended, maintains written Affirmative Action Programs.

1. General
   • These terms and conditions ("Term and Conditions") apply to the provisions by Busch, LLC ("Busch") for repair services performed by Busch on any vacuum pumps and related equipment ("Products"), which are not covered by a Product Limited Warranty for which Busch is responsible. These Terms and Conditions can apply to either repair work performed at Busch's place of business, or as field work performed at a customer's place of business. A person or entity desiring Busch's repair services ("Purchaser") will issue a purchase order ("Purchase Order") which will generally enumerate the repair services Purchaser desires Busch to perform. All Purchase Orders entered into by Busch for repair services to Products shall be subject to these Terms and Conditions. Upon receipt of a Product from a Purchaser, Busch will prepare a service proposal ("Service Proposal"), which will estimate the cost of subcontracting, labor and materials to repair a Product from Purchaser. Whether or not Purchaser agrees to the terms of a Service Proposal, Purchaser shall be responsible to Busch for its "evaluation fee", which will not exceed $500. In addition to the repair costs and the evaluation fee, Purchaser shall also be responsible for all transportation and other costs of getting the Product to be repaired to and from Busch's facility.
2. Prices & Fees
   1. Prices and fees are governed by the terms and conditions set forth in Busch's current price lists for labor and other charges, and are subject to change without notice. All prices are for labor, material, subcontracting, expenses, or other costs incurred as a result of services provided. Labor rates vary for in-house and field work and may also vary depending on standard business hours, overtime, weekends, holidays, and emergency response. For any field work a pricing estimate will be made and a Purchase Order will be required prior to dispatching a service employee into the field. Any Service Proposal for field work is only an estimate and is subject to change. Final pricing will be for the material, labor (door-to-door) and expenses incurred.
   2. Rush fees may also apply for special requests. An evaluation fee will apply when the Purchaser elects to have the pump returned unrepaired. Purchase Orders will be required prior to any services being provided, unless otherwise agreed to in writing. Purchaser will be contacted for approval if the final repair price exceeds the amount quoted in the Service Proposal. Storage fees may apply if the Product(s) being returned to the Purchaser remains at the Busch facility for more than five days. Storage Fees will equal $100 for each day a repaired Product remains on the Busch premises after the 5 day period. If the storage fee exceeds the value of the Product(s), the Product(s) shall become the property of Busch.
3. Payment
   1. Unless otherwise agreed upon in writing, terms of payment for an order with a sales price under $100,000 are cash, in United States dollars, ½% 10 days, net 30 days from date of shipment. For an order, or a series of orders, with a combined sales price of $100,000 or more, payment terms are: 10% due with order, 30% due on receipt of approved drawings, 30% due prior to shipment, and balance due 30 days after shipment. Credit card payments may be accepted for Visa and MasterCard if received at time of order and with Purchaser's Purchase Order. The card will be charged at the time of shipment. Early payment discounts do not apply to credit card payments. Credit card payments for an order, or a series of orders, with a combined sales price of $100,000 or more will be subject to the same schedule of progress payments as stated herein. Prior to shipment, a hold will be placed on any order until the scheduled payment is received. An interest charge of 1½% per month or any portion thereof shall be payable on unpaid balances after 45 days from date of shipment.
   2. Accounts must be paid free of exchange, collection, or other charges. All orders are subject to the approval of Busch's Credit Department, and Busch may require full or partial payment in advance. Pro rata payments shall become due as shipments are made, except where shipments are delayed by the Purchaser for any reason, in which event payments shall become due from the date on which Busch is prepared to make shipment. Busch may elect to require payment based on the contract price or percentage of completion related to achievement of a project milestone, project milestones being defined as a step performed by Busch or an event or occurrence in the course of a contractual period. Any property held for Purchaser shall be at the risk and expense of the Purchaser.
   3. In the event that Purchaser shall default in payment in accordance with the first paragraph of this section, then the Purchaser agrees to pay all costs of collection including reasonable attorney's fees and court costs.
   4. In the event that the Purchaser shall default in payment, Purchaser agrees to specifically allow Busch to have access to the machinery, and Busch at its option without electing its remedies, may repossess said machinery, giving the Purchaser credit for the subsequent resale value, if any. If the repossessed machinery, subsequently sold by Busch, is insufficient to satisfy the outstanding balance, Purchaser agrees to pay any deficiency.
4. Taxes
   • The Purchaser shall reimburse Busch for any present or future sales, use, occupation, excise, or other tax arising out of sales of products to the Purchaser upon receipt of Busch's invoice for the amount of the tax or, at the option of Busch, the Purchaser shall provide Busch with a tax exemption certificate acceptable to the appropriate taxing authorities.
5. Abandoned Equipment
   • After the Product(s) has been evaluated, the Purchaser has the following options: (i) repair the Product(s) at the Purchaser's expense pursuant to the Service Proposal, (ii) return the Product(s) to the Purchaser Collect (via the Purchaser's preferred carrier, and payment of the evaluation fee), or (iii) destroy and discard the Product(s) (evaluation fee applies). If after 60 days from the date of the Service Proposal, the Purchaser has failed to respond to Busch's attempts to contact them, a "Final Disposition Letter" and "Disposition Notice" shall be sent to the Purchaser and serve as Busch's final notice regarding disposition of the Product(s). If Busch does not receive a completed "Disposition Notice" from the Purchaser within 10 days from the date of the letter, Busch will be deemed to have elected sub clause (iii) above and to have abandoned the Product(s), and Busch will destroy or discard the Product(s) without further notice at Busch's discretion. By the Purchaser sending in the Product(s) for evaluation or repair, the Purchaser is accepting these Terms and Conditions and no signature is required on the "Disposition Letter" to carry out sub clause (iii) (i.e. destroy and discard). The Purchaser hereby knowingly and voluntarily releases Busch and any other related companies (predecessors or successors), subsidiaries, affiliates, employees, current and former owners, managers, officers, agents, attorneys, and directors (collectively, the "Busch Parties") from any and all known and unknown claims, suits, demands, causes of action, debts, damages, costs, losses, obligations, judgments, charges, expenses, dues, sums of money, accounts, and controversies whatsoever, known or unknown, contingent or non-contingent, at law or in equity, that Purchaser may have against the Busch Parties arising out of, relating to, or based on the final disposition of the Product(s) in accordance with the terms of the Terms and Conditions.
6. Limited Standard Service Warranty
   1. Except as noted in the paragraph below, Busch warrants that labor and materials used to repair Product(s) are free from defects in material and workmanship for a period of 12-months from the date of shipment.
   2. The Service Warranty is valid only when the Product(s) have been properly installed, used in a normal manner, and serviced according to the Installation and Operating Instructions manual. This Service Warranty shall not extend to Product(s) that have been misused, neglected, altered, or repaired without Busch factory authorization during the warranty period. The replacement of wear items including, but not limited to, seals, bearings, couplings, oil drain plugs, oil fill plugs etc., made in connection with normal service, are not covered by this Service Warranty. Additionally, this Service Warranty does not apply to the electronic components used in the repair for non-Busch vacuum pumps. We highly recommend the use of Busch oils and parts to achieve documented performance and efficient operation. The use of oils or parts other than Busch could limit the life expectancy of the Product and may void any warranties. Operating conditions beyond Busch's control such as improper voltage, excessive ambient temperatures, or other conditions that would affect the performance or life of the Product(s) will also cause the Service Warranty to become void.
   3. When warranty evaluation is requested to be conducted in the field, the Purchaser is responsible for all non-warranty related expenses including but not limited to travel expenses, travel labor, installation & removal costs, etc. and a Purchase Order will be required regardless of the results of the warranty evaluation.
   4. Permission to return Product(s) for warranty repair must be obtained from Busch, and all returns must be prepaid to the Busch factory. Removal of Product(s) from installation is the Purchaser's responsibility. All Product(s) returned must be properly decontaminated and/or do not contain any residues of harmful substances and must be accompanied by a completed Declaration of Decontamination form. If, after examination the Product(s) is found to be defective, and it is covered by an existing warranty, it will be repaired or replaced on a no-charge basis and returned, EX WORKS ORIGIN (EXW Origin); Incoterms 2010, domestic shipments only. If it is determined that the original Product Warranty has expired or not been breached by Busch, then the usual charges for repair or replacement will be made, EX WORKS ORIGIN (EXW Origin); Incoterms 2010, domestic shipments only. Replacement or repaired products will be covered by this Limited Standard Warranty for the remainder of the original product's warranty period as stated above.
   5. New and refurbished parts will be quoted and used as required. The use of Service-approved refurbished parts will not void the Service Warranty. Any decision not to replace parts recommended by Busch or parts not approved by Busch may impact the safety and performance of the Product(s) and will void the Service Warranty. If any parts need specialized machining or coating, then this work may be performed by subcontractors specifically selected by Busch.
   6. Any work performed in the field at the request of the Purchaser which is not recommended by Busch will void the Service Warranty. Busch assumes no liability for any work performed by a non-Busch service provider. All work performed by companies other than Busch, are done so at the Purchaser's own risk.
   7. This Service Warranty applies only to the above and is for the period set forth. Busch's maximum liability shall not, in any case, exceed the reconditioned price for the Product(s) on which the service work is claimed to be defective; and Busch assumes no liability for any special, indirect, or consequential damages, such as lost profits or revenue, arising from defective Product(s), or the repair services provided by Busch pursuant to these Terms and Conditions.
   8. OTHER THAN THE EXPRESS WARRANTY, BUSCH DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL BUSCH BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE OPERATION OR USE OF THE PRODUCT.
7. Proposals
   • Unless otherwise stated, written proposals expire after 30 days from issuance. The most recent Service Proposal for a transaction supersedes all previous Service Proposals and agreements relating to the transaction. Service Proposals are based on information obtained through the disassembly and evaluation of the pump and will also provide pricing on material and labor to repair the Product(s) to manufacturer's specifications. They are not to be interpreted as a comprehensive root cause or failure analysis that has accurately identified the cause of failure.
8. Return of Product(s)
   • Removal of Product(s) from installation is the Purchaser's responsibility. No Product(s) may be returned without Busch's written consent and shipping instructions. All Product(s) returned must be properly decontaminated and/or do not contain any residues of harmful substances and must be accompanied by a completed Declaration of Decontamination form.
9. Claims
   • Claims for shortage must be made within five (5) days after receipt of goods. All other claims must be made within 30 days of shipping date.
10. Cancellations
    • In the event a Purchaser cancels a Purchase Order for any reason, Purchaser will be responsible for the following cancellation charges:
      
      - Parts and accessories: 15% of sales price for restockable items or 100% of sales price for non-restockable items
      - Pumps: 25% of sales price
      - Parts sent to subcontractors: 100% of charges incurred by Busch
      - Labor: 100% of applicable labor rate
      - 100% of all other charges incurred by Busch including, but not limited to, freight, components purchased by Busch etc.
      - Minimum cancellation charge: $500
11. Transportation Damage
    • Responsibility for the Product's safe delivery is assumed by the carrier upon acceptance of the shipment. If any damage is found the Purchaser must contact the local shipping agent or the transportation company directly for instructions on how to file a damage report. Any Product(s) damaged due to circumstances beyond Busch's control will not, under any circumstances, be covered under Busch's limited standard service warranty.
12. Field Work
    • Additional delays or costs may result from circumstances out of Busch's control for any field work including, but not limited to:
      
      - Purchaser fails to provide manual labor or equipment, as agreed
      - Purchaser requires Busch employee's to have special documentation and/or training
      - Purchaser requires Busch employee's to have special safety equipment or clothing
      - Purchaser fails to appear at scheduled date and time
      - Access to the Product(s) is physically obstructed
      - Unsafe environment or circumstances
      - Unsafe equipment or Product(s)
      - Unreasonable time frames
      - Scope of work may be greater than originally discussed
13. Acceptance
    1. All orders are subject to acceptance by Busch at its home office. No changes or modifications of the above Terms and Conditions shall be binding upon Busch unless made in writing and signed by Busch. No provisions of Purchaser's order, which contradict, modify, or add to any of the provisions of this proposal, shall be binding unless made in writing and signed by Busch. In no event shall any claim for consequential or special damages be made by either party.
    2. The Purchaser accepts all risks incidental to the use of Busch products or those products serviced by Busch. Additionally, the Purchaser agrees to hold Busch harmless and indemnify Busch from any and all legal fees, costs, claim, liability, loss, or any other expense or damage sustained by reason of injury to person or property for which Busch may be sued or become liable solely or jointly as a result of any claim based upon the Purchaser's use, or resale and use by any successor to Purchaser, of Busch product or those products serviced by Busch.
14. Export Control
    • All Busch proposals are based on the final destination being within the continental United States. Additional charges may apply for those orders being shipped abroad due to customs and export control laws. Dependent upon the final destination of the goods ordered, US export regulations (dictated by the US Department of Commerce's Bureau of Industry and Security "BIS") must be followed which may delay or affect Busch's acceptance of your order.
    • Additionally, Busch's obligations to sell the product or services to Purchaser hereunder are expressly contingent upon the legality of Busch's export of the product or services to Purchaser. If at any time Busch's export of the product or services to Purchaser is deemed not in compliance with the Export Administration Act of the United States, as amended from time to time, and the rules and regulations promulgated thereunder, then Busch's obligation to sell the product or services to Purchaser shall be indefinitely suspended until such time that compliance with such laws, rules, and regulations is effected. Busch and Purchaser agree to use their best efforts to comply with such laws, rules, and regulations at all times.
15. Interpretation
    • This Agreement shall be construed in accordance with the laws prevailing in the Commonwealth of Virginia. This Agreement contains the entire Agreement between the parties hereto.
16. EOE/AA
    • Busch, in compliance with Executive Order 11246, as amended, the Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans Readjustment Act of 1974, as amended, maintains written Affirmative Action Programs.

1. General
   1. These terms and conditions ("Terms and Conditions") apply to the sale of products or the provision of non-warranty repair services ("Services") by Busch Semiconductor Vacuum Group, LLC ("Busch") for all Busch manufactured vacuum pumps and related equipment ("Products"). A purchaser of Products or Services from Busch is referred to as a "Purchaser" herein.
   2. THE DETAILED "TERMS AND CONDITIONS FOR THE SALE OF PRODUCTS" AND "TERMS AND CONDITIONS FOR REPAIR SERVICES" (COLLECTIVELY BOTH ARE REFERRED TO AS "TERMS AND CONDITIONS") ARE FULLY SET FORTH ON THE BUSCH'S WEBSITE www.buschusa.com WHETHER YOU ARE PURCHASING PRODUCTS OR SERVICES FROM BUSCH, THE APPLICABLE DETAILED TERMS AND CONDITIONS SHALL APPLY TO THE TRANSACTION. PLEASE CONSULT THE BUSCH WEBSITE FOR THE APPLICABLE TERMS AND CONDITIONS ALL OF WHICH ARE INCORPORATED BY REFERENCE AS IF FULLY SET FORTH HEREIN.
2. Price and Payment Plans
   • The prices and payment terms for the sale of Products or Services shall be set forth in a written quotation issued by Busch. If the quotation issued by Busch does not specify payment terms, those shall be governed by the appropriate Terms and Conditions on the Busch website. In the event a Purchaser defaults in the payment of the purchase price of the Products or Services provided by Busch, Purchaser agrees to pay all costs of collection Busch may incur, including reasonable attorneys' fees and court cost. Busch's minimum order value is $50 regardless of payment method. Any orders under that value will be billed at the minimum $50 value.
3. Taxes
   • Purchaser shall be responsible to pay all present and future sales, use, occupation, excise of other taxes arising out of the sales of Products or Services to Purchaser, all of which taxes shall be paid by Purchaser at the time of the shipment of Products or the provision of Services.
4. Limited Standard Warranty
   • Busch warrants that all Products furnished by it are free from defects in material or workmanship at the time of shipment, for the periods of time indicated in the Terms and Conditions. Similarly, Busch warrants that labor and materials for Services to repair Products will be free from defects in material or workmanship for a period of twelve (12) months from the date of shipment, except as noted otherwise in the Terms and Conditions or in a Busch quotation. Purchaser should review the specific Terms and Conditions for more detailed provisions relating to the limited standard warranty. Other than this express warranty, BUSCH DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL BUSCH BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE OPERATION OR USE OF THE PRODUCT OR THE SERVICES PROVIDED.
5. Export Control
   1. All Busch proposals are based on the final destination being within the continental United States. Additional charges may apply for those orders being shipped abroad due to customs and export control laws. Dependent upon the final destination of the goods ordered, US export regulations (dictated by the US Department of Commerce's Bureau of Industry and Security "BIS") must be followed which may delay or affect Busch's acceptance of your order.
   2. Additionally, Busch's obligations to sell the product or services to Purchaser hereunder are expressly contingent upon the legality of Busch's export of the product or services to Purchaser. If at any time Busch's export of the product or services to Purchaser is deemed not in compliance with the Export Administration Act of the United States, as amended from time to time, and the rules and regulations promulgated thereunder, then Busch's obligation to sell the product or services to Purchaser shall be indefinitely suspended until such time that compliance with such laws, rules, and regulations is effected. Busch and Purchaser agree to use their best efforts to comply with such laws, rules, and regulations at all times.
6. Purchase of Products or Services
   1. All other issues concerning the purchase of Products or the provision of Services are set forth more specifically in the appropriate Terms and Conditions set forth on Busch's website www.buschusa.com. Purchaser acknowledges it has access to the Busch website, and has the ability to review the complete and applicable Busch Terms and Conditions, which are a part of any quotation issued or purchase order entered into by Busch.
   2. If Purchaser issues a purchase order to purchase Products or Services, then such purchase order will be subject to the appropriate Busch Terms and Conditions. If any Purchaser issues a purchase order that contains terms and conditions at variance with the Busch Terms and Conditions, they shall not be binding on Busch, unless specifically agreed to in writing by Busch.

1. Prices
   • Prices and the governing terms and conditions of sale are those set forth in Busch's current price lists and are subject to change without notice. Unless otherwise specifically agreed, all prices are for material packed for domestic shipment and for delivery EX WORKS ORIGIN (EXW Origin); Incoterms 2010. Shipment will be freight collect. Busch's minimum order value is $50 regardless of payment method. Any orders under that value will be billed at the minimum $50 value.
2. Payment
   1. Unless otherwise agreed upon in writing, terms of payment for an order with a sales price under $100,000 are cash, in United States dollars, ½%10 days, net 30 days from date of shipment. For an order, or a series of orders, with a combined sales price of $100,000 or more, payment terms are: 10% due with order, 30% due on receipt of approved drawings, 30% due prior to shipment, and balance due 30 days after shipment. Credit card payments may be accepted for Visa and MasterCard if received at time of order and with Purchaser's Purchase Order. The card will be charged at the time of shipment. Early payment discounts do not apply to credit card payments. Credit card payments for an order, or a series of orders, with a combined sales price of $100,000 or more will be subject to the same schedule of progress payments as stated herein. Prior to shipment, a hold will be placed on any order until the scheduled payment is received. An interest charge of 1½% per month or any portion thereof shall be payable on unpaid balances after 45 days from date of shipment.
   2. Accounts must be paid free of exchange, collection, or other charges. All orders are subject to the approval of Busch's Credit Department, and Busch may require full or partial payment in advance. Pro rata payments shall become due as shipments are made, except where shipments are delayed by the Purchaser for any reason, in which event payments shall become due from the date on which Busch is prepared to make shipment. Busch may elect to require payment based on the contract price or percentage of completion related to achievement of a project milestone, project milestones being defined as a step performed by Busch or an event or occurrence in the course of a contractual period. Any property held for Purchaser shall be at the risk and expense of the Purchaser.
   3. In the event that Purchaser shall default in payment in accordance with the first paragraph of this section, then the Purchaser agrees to pay all costs of collection including reasonable attorney's fees and court costs.
   4. In the event that the Purchaser shall default in payment, Purchaser agrees to specifically allow Busch to have access to the machinery, and Busch at its option without electing its remedies, may repossess said machinery, giving the Purchaser credit for the subsequent resale value, if any. If the repossessed machinery, subsequently sold by Busch, is insufficient to satisfy the outstanding balance, Purchaser agrees to pay any deficiency.
3. Taxes
   • The Purchaser shall reimburse Busch for any present or future sales, use, occupation, excise, or other tax arising out of sales of products to the Purchaser upon receipt of Busch's invoice for the amount of the tax or, at the option of Busch, the Purchaser shall provide Busch with a tax exemption certificate acceptable to the appropriate taxing authorities.
4. Delivery and Partial Shipments
   • Delivery is EX WORKS ORIGIN (EXW Origin); Incoterms 2010. Shipping dates are estimates that are not guaranteed and are based upon prompt receipt of all necessary information. Busch shall in no event be liable for delays caused by fire, acts of God, strikes, labor difficulties, acts of governmental or military authorities, delay in transportation, or in procuring materials or causes of any kind beyond Busch's control. Partial shipments may be made and payments therefore shall become due in accordance with the terms hereof or as shipments are made and invoices rendered. Requests made by the Purchaser for expedited shipments (other than Busch's normal business practice including extended working hours) on finished goods may be fulfilled at Busch's sole discretion and will be subject to an additional charge of $250 which will be added to the Purchaser's invoice. Busch approved expedited shipments must be authorized in writing by the Purchaser prior to shipment.
5. Limited Standard Warranty
   1. Busch warrants that all products furnished by it are free from defects in material and workmanship at the time of shipment for a period as indicated: All Busch vacuum pumps, unless otherwise stated, are covered by an 18-month warranty from the date of shipment, or 12 months from the date of installation, whichever occurs first; Reconditioned vacuum pumps are covered by a 12-month warranty from the date of shipment; Other Busch parts and components carry a 90-day warranty from the date of shipment.
   2. The Limited Standard Warranty is valid only when the product has been properly installed, used in a normal manner, and serviced according to the operating manual. This Warranty shall not extend to products that have been misused, neglected, altered, or repaired without Busch factory authorization during the warranty period. The replacement of wear items including, but not limited to, seals, bearings, couplings, oil drain plugs, oil fill plugs etc., made in connection with normal service, are not covered by this Warranty. We highly recommend the use of Busch oils and parts to achieve documented performance and efficient operation. The use of oils or parts other than Busch could limit the life expectancy of the Product and may void any warranties. Operating conditions beyond Busch's control such as improper voltage, excessive ambient temperatures, or other conditions that would affect the performance or life of the product will also cause the Warranty to become void.
   3. When warranty evaluation is requested to be conducted in the field, the Purchaser is responsible for all non-warranty related expenses including but not limited to travel expenses, travel labor, installation & removal costs, etc and a Purchase Order will be required regardless of the results of the warranty evaluation.
   4. Permission to return Product(s) for warranty repair must be obtained from Busch, and all returns must be prepaid to the Busch factory. Removal of Product(s) from installation is the Purchaser's responsibility. All Product(s) returned must be properly decontaminated and/or do not contain any residues of harmful substances and must be accompanied by a completed Declaration of Decontamination form. If, after examination, the product or part is found to be defective, it will be repaired or replaced on a no-charge basis and returned, EX WORKS ORIGIN (EXW Origin); Incoterms 2010, domestic shipments only. If it is determined that the Warranty has not been breached by Busch, then the usual charges for repair or replacement will be made, EX WORKS ORIGIN (EXW Origin); Incoterms 2010, domestic shipments only. Parts or products that are obsolete or those made to special order are not returnable. Replacement or repaired products will be covered by this Limited Standard Warranty for the remainder of the original product's warranty period as stated above.
   5. This Limited Standard Warranty applies only to the above and is for the period set forth. Busch's maximum liability shall not, in any case, exceed the contract price for the product, part, or component claimed to be defective; and Busch assumes no liability for any special, indirect, or consequential damages arising from defective equipment.
   6. BUSCH DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL BUSCH BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE OPERATION OR USE OF THE PRODUCT.
6. Quotations
   • Unless otherwise stated, written quotations expire after 60 days from issuance. The most recent quotation for a transaction supersedes all previous quotations and agreements relating to the transaction.
7. Return of Restockable Goods
   • No goods may be returned for credit or under claim of Warranty without Busch's written consent and shipping instructions. Restockable goods may only be returned if within thirty (30) days from the original date of shipment and must be returned in the same condition and packaging as originally dispatched by Busch. The Purchaser is responsible for all costs involved for the return of goods and is subject to the cancellation terms set forth below. Credit will only be issued once the goods have been received and condition evaluated.
8. Claims
   • Claims for shortage must be made within five (5) days after receipt of goods. All other claims must be made within 30 days of shipping date.
9. Cancellations
   • In the event a purchaser cancels a purchase order for any reason after receipt at the Busch factory and prior to shipment, the following cancellation charges apply:
     
     - Standard (restockable) parts and accessories: 15% of contract value
     
     - Standard (restockable) pumps: 25% of contract value.
     
     - Engineered pumps and systems:
     
     (1) Order entered but engineering not started: 5% of contract value.
     
     (2) Engineering and drawings initiated: 10-30% of contract value prorated based upon the degree of completion of engineering and drawings.
     
     (3) Order released for manufacture and purchase orders for third party components placed: 35% of contract value plus an additional charge based on cancellation charges incurred by Busch, and an additional charge prorated based upon the degree of completion of the orders.
     
     (4) Manufacturing completed: 100% of contract value. 
     
     - Minimum cancellation charge: $50.
10. Acceptance
    1. All orders are subject to acceptance by Busch at its home office. No changes or modifications of the above Terms and Conditions shall be binding upon Busch unless made in writing and signed by Busch. No provisions of Purchaser's order, which contradict, modify, or add to any of the provisions of this proposal, shall be binding unless made in writing and signed by Busch. In no event shall any claim for consequential or special damages be made by either party.
    2. The Purchaser accepts all risks incidental to the use of Busch products. Additionally, the Purchaser agrees to hold Busch harmless and indemnify Busch from any and all legal fees, costs, claim, liability, loss, or any other expense or damage sustained by reason of injury to person or property for which Busch may be sued or become liable solely or jointly as a result of any claim based upon the Purchaser's use, or resale and use by any successor to Purchaser, of Busch product or those products serviced by Busch.
11. Export Control
    • All Busch proposals are based on the final destination being within the continental United States. Additional charges may apply for those orders being shipped abroad due to customs and export control laws. Dependent upon the final destination of the goods ordered, US export regulations (dictated by the US Department of Commerce's Bureau of Industry and Security "BIS") must be followed which may delay or affect Busch's acceptance of your order.
    • Additionally, Busch's obligations to sell the product or services to Purchaser hereunder are expressly contingent upon the legality of Busch's export of the product or services to Purchaser. If at any time Busch's export of the product or services to Purchaser is deemed not in compliance with the Export Administration Act of the United States, as amended from time to time, and the rules and regulations promulgated thereunder, then Busch's obligation to sell the product or services to Purchaser shall be indefinitely suspended until such time that compliance with such laws, rules, and regulations is effected. Busch and Purchaser agree to use their best efforts to comply with such laws, rules, and regulations at all times.
12. Interpretation
    • This Agreement shall be construed in accordance with the laws prevailing in the Commonwealth of Virginia. This Agreement contains the entire Agreement between the parties hereto.
13. EOE/AA
    • Busch, in compliance with Executive Order 11246, as amended, the Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans Readjustment Act of 1974, as amended, maintains written Affirmative Action Programs.

1. General
   • These terms and conditions ("Term and Conditions") apply to the provisions by Busch Semiconductor Vacuum Group, LLC ("Busch") for repair services performed by Busch on any vacuum pumps and related equipment ("Products"), which are not covered by a Product Limited Warranty for which Busch is responsible. These Terms and Conditions can apply to either repair work performed at Busch's place of business, or as field work performed at a customer's place of business. A person or entity desiring Busch's repair services ("Purchaser") will issue a purchase order ("Purchase Order") which will generally enumerate the repair services Purchaser desires Busch to perform. All Purchase Orders entered into by Busch for repair services to Products shall be subject to these Terms and Conditions. Upon receipt of a Product from a Purchaser, Busch will prepare a service proposal ("Service Proposal"), which will estimate the cost of subcontracting, labor and materials to repair a Product from Purchaser. Whether or not Purchaser agrees to the terms of a Service Proposal, Purchaser shall be responsible to Busch for its "evaluation fee", which will not exceed $500. In addition to the repair costs and the evaluation fee, Purchaser shall also be responsible for all transportation and other costs of getting the Product to be repaired to and from Busch's facility.
2. Prices & Fees
   1. Prices and fees are governed by the terms and conditions set forth in Busch's current price lists for labor and other charges, and are subject to change without notice. All prices are for labor, material, subcontracting, expenses, or other costs incurred as a result of services provided. Labor rates vary for in-house and field work and may also vary depending on standard business hours, overtime, weekends, holidays, and emergency response. For any field work a pricing estimate will be made and a Purchase Order will be required prior to dispatching a service employee into the field. Any Service Proposal for field work is only an estimate and is subject to change. Final pricing will be for the material, labor (door-to-door) and expenses incurred.
   2. Rush fees may also apply for special requests. An evaluation fee will apply when the Purchaser elects to have the pump returned unrepaired. Purchase Orders will be required prior to any services being provided, unless otherwise agreed to in writing. Purchaser will be contacted for approval if the final repair price exceeds the amount quoted in the Service Proposal. Storage fees may apply if the Product(s) being returned to the Purchaser remains at the Busch facility for more than five days. Storage Fees will equal $100 for each day a repaired Product remains on the Busch premises after the 5 day period. If the storage fee exceeds the value of the Product(s), the Product(s) shall become the property of Busch.
3. Payment
   1. Unless otherwise agreed upon in writing, terms of payment for an order with a sales price under $100,000 are cash, in United States dollars, ½%10 days, net 30 days from date of shipment. For an order, or a series of orders, with a combined sales price of $100,000 or more, payment terms are: 10% due with order, 30% due on receipt of approved drawings, 30% due prior to shipment, and balance due 30 days after shipment. Credit card payments may be accepted for Visa and MasterCard if received at time of order and with Purchaser's Purchase Order. The card will be charged at the time of shipment. Early payment discounts do not apply to credit card payments. Credit card payments for an order, or a series of orders, with a combined sales price of $100,000 or more will be subject to the same schedule of progress payments as stated herein. Prior to shipment, a hold will be placed on any order until the scheduled payment is received. An interest charge of 1½% per month or any portion thereof shall be payable on unpaid balances after 45 days from date of shipment.
   2. Accounts must be paid free of exchange, collection, or other charges. All orders are subject to the approval of Busch's Credit Department, and Busch may require full or partial payment in advance. Pro rata payments shall become due as shipments are made, except where shipments are delayed by the Purchaser for any reason, in which event payments shall become due from the date on which Busch is prepared to make shipment. Busch may elect to require payment based on the contract price or percentage of completion related to achievement of a project milestone, project milestones being defined as a step performed by Busch or an event or occurrence in the course of a contractual period. Any property held for Purchaser shall be at the risk and expense of the Purchaser.
   3. In the event that Purchaser shall default in payment in accordance with the first paragraph of this section, then the Purchaser agrees to pay all costs of collection including reasonable attorney's fees and court costs.
   4. In the event that the Purchaser shall default in payment, Purchaser agrees to specifically allow Busch to have access to the machinery, and Busch at its option without electing its remedies, may repossess said machinery, giving the Purchaser credit for the subsequent resale value, if any. If the repossessed machinery, subsequently sold by Busch, is insufficient to satisfy the outstanding balance, Purchaser agrees to pay any deficiency.
4. Taxes
   • The Purchaser shall reimburse Busch for any present or future sales, use, occupation, excise, or other tax arising out of sales of products to the Purchaser upon receipt of Busch's invoice for the amount of the tax or, at the option of Busch, the Purchaser shall provide Busch with a tax exemption certificate acceptable to the appropriate taxing authorities.
5. Abandoned Equipment
   • After the Product(s) has been evaluated, the Purchaser has the following options: (i) repair the Product(s) at the Purchaser's expense pursuant to the Service Proposal, (ii) return the Product(s) to the Purchaser Collect (via the Purchaser's preferred carrier, and payment of the evaluation fee), or (iii) destroy and discard the Product(s) (evaluation fee applies). If after 60 days from the date of the Service Proposal, the Purchaser has failed to respond to Busch's attempts to contact them, a "Final Disposition Letter" and "Disposition Notice" shall be sent to the Purchaser and serve as Busch's final notice regarding disposition of the Product(s). If Busch does not receive a completed "Disposition Notice" from the Purchaser within 10 days from the date of the letter, Busch will be deemed to have elected sub clause (iii) above and to have abandoned the Product(s), and Busch will destroy or discard the Product(s) without further notice at Busch's discretion. By the Purchaser sending in the Product(s) for evaluation or repair, the Purchaser is accepting these Terms and Conditions and no signature is required on the "Disposition Letter" to carry out sub clause (iii) (i.e. destroy and discard). The Purchaser hereby knowingly and voluntarily releases Busch and any other related companies (predecessors or successors), subsidiaries, affiliates, employees, current and former owners, managers, officers, agents, attorneys, and directors (collectively, the "Busch Parties") from any and all known and unknown claims, suits, demands, causes of action, debts, damages, costs, losses, obligations, judgments, charges, expenses, dues, sums of money, accounts, and controversies whatsoever, known or unknown, contingent or non-contingent, at law or in equity, that Purchaser may have against the Busch Parties arising out of, relating to, or based on the final disposition of the Product(s) in accordance with the terms of the Terms and Conditions.
6. Limited Standard Service Warranty
   1. Except as noted in the paragraph below, Busch warrants that labor and materials used to repair Product(s) are free from defects in material and workmanship for a period of 12-months from the date of shipment.
   2. The Service Warranty is valid only when the Product(s) have been properly installed, used in a normal manner, and serviced according to the Installation and Operating Instructions manual. This Service Warranty shall not extend to Product(s) that have been misused, neglected, altered, or repaired without Busch factory authorization during the warranty period. The replacement of wear items including, but not limited to, seals, bearings, couplings, oil drain plugs, oil fill plugs etc., made in connection with normal service, are not covered by this Service Warranty. Additionally, this Service Warranty does not apply to the electronic components used in the repair for non-Busch vacuum pumps. We highly recommend the use of Busch oils and parts to achieve documented performance and efficient operation. The use of oils or parts other than Busch could limit the life expectancy of the Product and may void any warranties. Operating conditions beyond Busch's control such as improper voltage, excessive ambient temperatures, or other conditions that would affect the performance or life of the Product(s) will also cause the Service Warranty to become void.
   3. When warranty evaluation is requested to be conducted in the field, the Purchaser is responsible for all non-warranty related expenses including but not limited to travel expenses, travel labor, installation & removal costs, etc. and a Purchase Order will be required regardless of the results of the warranty evaluation.
   4. Permission to return Product(s) for warranty repair must be obtained from Busch, and all returns must be prepaid to the Busch factory. Removal of Product(s) from installation is the Purchaser's responsibility. All Product(s) returned must be properly decontaminated and/or do not contain any residues of harmful substances and must be accompanied by a completed Declaration of Decontamination form. If, after examination the Product(s) is found to be defective, and it is covered by an existing warranty, it will be repaired or replaced on a no-charge basis and returned, EX WORKS ORIGIN (EXW Origin); Incoterms 2010, domestic shipments only. If it is determined that the original Product Warranty has expired or not been breached by Busch, then the usual charges for repair or replacement will be made, EX WORKS ORIGIN (EXW Origin); Incoterms 2010, domestic shipments only. Replacement or repaired products will be covered by this Limited Standard Warranty for the remainder of the original product's warranty period as stated above.
   5. New and refurbished parts will be quoted and used as required. The use of Service-approved refurbished parts will not void the Service Warranty. Any decision not to replace parts recommended by Busch or parts not approved by Busch may impact the safety and performance of the Product(s) and will void the Service Warranty. If any parts need specialized machining or coating, then this work may be performed by subcontractors specifically selected by Busch.
   6. Any work performed in the field at the request of the Purchaser which is not recommended by Busch will void the Service Warranty. Busch assumes no liability for any work performed by a non-Busch service provider. All work performed by companies other than Busch, are done so at the Purchaser's own risk.
   7. This Service Warranty applies only to the above and is for the period set forth. Busch's maximum liability shall not, in any case, exceed the reconditioned price for the Product(s) on which the service work is claimed to be defective; and Busch assumes no liability for any special, indirect, or consequential damages, such as lost profits or revenue, arising from defective Product(s), or the repair services provided by Busch pursuant to these Terms and Conditions.
   8. OTHER THAN THE EXPRESS WARRANTY, BUSCH DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL BUSCH BE LIABLE FOR ANY INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE OPERATION OR USE OF THE PRODUCT.
7. Proposals
   • Unless otherwise stated, written proposals expire after 30 days from issuance. The most recent Service Proposal for a transaction supersedes all previous Service Proposals and agreements relating to the transaction. Service Proposals are based on information obtained through the disassembly and evaluation of the pump and will also provide pricing on material and labor to repair the Product(s) to manufacturer's specifications. They are not to be interpreted as a comprehensive root cause or failure analysis that has accurately identified the cause of failure.
8. Return of Product(s)
   • Removal of Product(s) from installation is the Purchaser's responsibility. No Product(s) may be returned without Busch's written consent and shipping instructions. All Product(s) returned must be properly decontaminated and/or do not contain any residues of harmful substances and must be accompanied by a completed Declaration of Decontamination form.
9. Claims
   • Claims for shortage must be made within five (5) days after receipt of goods. All other claims must be made within 30 days of shipping date.
10. Cancellations
    • In the event a Purchaser cancels a Purchase Order for any reason, Purchaser will be responsible for the following cancellation charges:
      
      - Parts and accessories: 15% of sales price for restockable items or 100% of sales price for non-restockable items
      - Pumps: 25% of sales price
      - Parts sent to subcontractors: 100% of charges incurred by Busch
      - Labor: 100% of applicable labor rate
      - 100% of all other charges incurred by Busch including, but not limited to, freight, components purchased by Busch etc.
      - Minimum cancellation charge: $500
11. Transportation Damage
    • Responsibility for the Product's safe delivery is assumed by the carrier upon acceptance of the shipment. If any damage is found the Purchaser must contact the local shipping agent or the transportation company directly for instructions on how to file a damage report. Any Product(s) damaged due to circumstances beyond Busch's control will not, under any circumstances, be covered under Busch's limited standard service warranty.
12. Field Work
    • Additional delays or costs may result from circumstances out of Busch's control for any field work including, but not limited to:
      
      - Purchaser fails to provide manual labor or equipment, as agreed
      - Purchaser requires Busch employee's to have special documentation and/or training
      - Purchaser requires Busch employee's to have special safety equipment or clothing
      - Purchaser fails to appear at scheduled date and time
      - Access to the Product(s) is physically obstructed
      - Unsafe environment or circumstances
      - Unsafe equipment or Product(s)
      - Unreasonable time frames
      - Scope of work may be greater than originally discussed
13. Acceptance
    1. All orders are subject to acceptance by Busch at its home office. No changes or modifications of the above Terms and Conditions shall be binding upon Busch unless made in writing and signed by Busch. No provisions of Purchaser's order, which contradict, modify, or add to any of the provisions of this proposal, shall be binding unless made in writing and signed by Busch. In no event shall any claim for consequential or special damages be made by either party.
    2. The Purchaser accepts all risks incidental to the use of Busch products or those products serviced by Busch. Additionally, the Purchaser agrees to hold Busch harmless and indemnify Busch from any and all legal fees, costs, claim, liability, loss, or any other expense or damage sustained by reason of injury to person or property for which Busch may be sued or become liable solely or jointly as a result of any claim based upon the Purchaser's use, or resale and use by any successor to Purchaser, of Busch product or those products serviced by Busch.
14. Export Control
    • All Busch proposals are based on the final destination being within the continental United States. Additional charges may apply for those orders being shipped abroad due to customs and export control laws. Dependent upon the final destination of the goods ordered, US export regulations (dictated by the US Department of Commerce's Bureau of Industry and Security "BIS") must be followed which may delay or affect Busch's acceptance of your order.
    • Additionally, Busch's obligations to sell the product or services to Purchaser hereunder are expressly contingent upon the legality of Busch's export of the product or services to Purchaser. If at any time Busch's export of the product or services to Purchaser is deemed not in compliance with the Export Administration Act of the United States, as amended from time to time, and the rules and regulations promulgated thereunder, then Busch's obligation to sell the product or services to Purchaser shall be indefinitely suspended until such time that compliance with such laws, rules, and regulations is effected. Busch and Purchaser agree to use their best efforts to comply with such laws, rules, and regulations at all times.
15. Interpretation
    • This Agreement shall be construed in accordance with the laws prevailing in the Commonwealth of Virginia. This Agreement contains the entire Agreement between the parties hereto.
16. EOE/AA
    • Busch, in compliance with Executive Order 11246, as amended, the Rehabilitation Act of 1973, as amended, and the Vietnam Era Veterans Readjustment Act of 1974, as amended, maintains written Affirmative Action Programs.