DRAWINGS

Any descriptive specifications, drawings and particulars of weight and dimensions submitted in connection with our quotations are approximate. The descriptions and illustrations contained in our catalogs, brochures, price lists or other advertisement matter are intended merely to present a general idea of the goods described therein, and none of these shall form a part of this contract. All tracings, drawings, blueprints and specifications provided by Steelhead, Inc. shall be the property of Steelhead, Inc.

INCREASES IN COST AND EXTENSION OF COMPLETION DATE

If the time of completion for items listed in this offer is delayed or the cost of the work increased by any act or neglect of the Buyer, its Representative, or by any separate contractor employed by the Buyer, or by any changes or alterations in the work authorized by the Buyer, strikes, lockouts, fire, embargoes, windstorm, flood, earthquake, acts of war, public laws, regulations, acts of public officials, inability to obtain materials, energy shortages, energy related material shortages or any other circumstances beyond Steelhead,  Inc.’s’ control which could not have been foreseen and provided against and which were not  caused by the negligence of Steelhead, Inc., the time for completion of the work shall be extended accordingly and the amount of increased cost incurred (if any) shall be added to the price set forth herein.

OVERTIME

Overtime charges, premium time and other like and associated costs incurred either in fabrication or installation, where made necessary by the Buyer’s request to expedite completion to a time sooner than agreed upon, shall be the responsibility of the Buyer.

CHANGES

Any changes requested by the Buyer must  be submitted in writing and signed off by an authorized agent of Steelhead, Inc.. If the submitted change is not verified by an authorized agent of Steelhead, Inc., work will proceed in accordance with the provisions of the original contract to the possible detriment of the Buyer.

COMPLETION

This quotation for all above referenced merchandise shall be deemed to have been completed and payment is due when the merchandise is ready for shipment. If delivery is not accepted within ten days thereafter, merchandise will be placed in storage at Buyer’s expense.

RESCHEDULING

Buyer may reschedule delivery up to fifteen (15) days by written notice to Steelhead, Inc.. Notification must be received by Steelhead, Inc. no later than twenty (20) days prior to confirmed ship date. If shipment is rescheduled a second time, a rescheduling charge of 10% of the order total will be added, and will be due prior to shipment. Any one or total of all rescheduling in excess of ninety (90) days will be considered a cancellation.

CANCELLATION

If order is canceled after the signed quotation or purchase order is received by Steelhead, Inc., cancellation charges are as follows:

Any “SPECIAL ORDER” items procured for this offer will be paid for 100% by the Buyer at time of cancellation.

PERMITS

All permits, whether Local, Federal or State, must be obtained and paid for by the customer in advance of installation. Steelhead, Inc. will assume NO RESPONSIBILITY for obtaining any of these permits.

PAST DUE ACCOUNTS

Any past due balance will be subject to a 1-1/2% per month service charge.  After 90 days account will be placed for collection. All charges incurred at this point will be the responsibility of the Buyer.

CONFLICT

To the extent that there is any conflict between the terms and conditions of this contract and the terms or conditions contained in a purchase order subsequently received from the Buyer, it is agreed that the terms and conditions contained herein shall control. In the event that disputes arise based on terms and conditions stated in this contract, those disputes shall be settled under the laws and in the courts of the State of Texas, USA.

INSTALLATION, START-UP AND TRAINING FEE

The installation fee and/or start-up and training fee quoted is for labor only. It does not include any travel or living expenses. Travel and living expenses are the responsibility of the Buyer.  Steelhead, Inc. will purchase R/T (round trip) airline ticket and verify current rates for local accommodations prior to dispatching technician.  Buyer is provided a separate invoice for these current rates including a per diem charge for meals, a rental car if necessary and any other miscellaneous expenses to be incurred. The amount invoiced is to be remitted to Steelhead, Inc. by Wire Transfer before the technician departs our factory.

ON SITE INSTALLATION

If requested by the Buyer and listed in this quotations summary, installation will be performed on site by Steelhead, Inc., and consists of the following:

Supervise final Positioning and leveling the equipment (Customer is responsible for unloading and moving of equipment into place.

Assembly of parts removed from main unit (Required for shipping)

Re-connect internal wire and air harness. (Required for shipping)

{1} {4}Completing final hook-ups of water, compressed air, and drains to termination points on the equipment

{1} {2} {3) Oversee final hook-up of electrical to termination point on the equipment.

{2} {3} Oversee final hook-up of gas and/or electrical to termination point(s) on the Wash Detergent Heater

{1} Buyer must have these utilities located in close proximity (within 10 ft.) of the equipment. It is the responsibility of the Buyer to have these utilities in place before the Steelhead installation will take place. Should these utilities not be in place when the Steelhead, Inc. representative(s) arrive, normal service call rates will apply until the installation of these services are complete.

{2} Installation of electrical or gas service to the equipment must be completed by a licensed plumber or electrician.

{3} Buyer must arrange for Electrician or Plumber being capable of having these services completed during the period, and within the time frame the Steelhead technician is on site.

{4} Steelhead will supply a material take-off list which must be purchased by buyer and be on site prior to the Steelhead Technician’s arrival.  Any materials purchased on site by the Steelhead technician will be charged back to the Buyer.

START-UP AND TRAINING

If requested by the buyer and listed in this quotations summary, upon completion of installation, the Steelhead Inc. representative(s) will go through the start-up and training procedures for the bottling plant and all related equipment. A representative of the Buyer and a person directly responsible for the everyday use of the equipment MUST be present for these sessions. 

It is the responsibility of the Buyer to have all final hook-ups of water, compressed air, electrical and drains to termination points on the equipment before the start-up and training will take place. Should these utilities not be in place when Steelhead, Inc. representative(s) arrive, normal service call rates will apply until the installation of these services are complete. 

Service and Travel Rates are as follows:

Daily Service Rates

Expense Charges:

MANUFACTURER’S WARRANTY

Steelhead, Inc. warrants to our customers that all equipment manufactured by Steelhead, Inc. to be free from defects in material and workmanship for a period of one (1) year, from the date of shipment when the equipment is *commissioned by a factory-authorized technician.   All components and parts not manufactured by Steelhead will be warranted for (1) year or in accordance with supplier warranty for that component (if less than 1 year).  Steelhead’s liability is limited to furnishing replacements for such defective products EXW San Antonio, TX., and does not include dismantling or installing such materials. Parts purchased as part of a Steelhead Spare Parts Package include standard ground freight. Parts not purchased as part of a Steelhead Spare Parts Package would be subject to freight costs.

*Commissioning is performed at customers’ plant and includes the following services:

Equipment inspected for damage incurred during shipment and repaired as necessary.

Verify all utilities provided and installed according to manufacture’s specifications.

Equipment start-up and customer training.

THIS WARRANTY SPECIFICALLY EXCLUDES WEAR OUT ITEMS, DAMAGE DONE IN SHIPPING, FREEZING, CORROSION, EROSION, SCALING, IMPROPER MAINTENANCE OR INSTALLATION, ELECTRICAL SURGES AND UNITS MODIFIED OR USED FOR ANY OTHER PURPOSE OTHER THAN THE TREATMENT AND/OR BOTTLING OF POTABLE WATER. IF WITHIN THIRTY (30) DAYS AFTER BUYER’S DISCOVERY OF ANY WARRANTY DEFECTS WITHIN THE WARRANTY PERIOD, BUYER NOTIFIES SELLER THEREOF IN WRITING, SELLER SHALL, AT ITS OPTION AND AS BUYER S EXCLUSIVE REMEDY, REPAIR OR THAT PORTION OF THE GOODS FOUND BY SELLER TO BE DEFECTIVE RETURNED TO SELLER. FAILURE BY BUYER TO GIVE SUCH WRITTEN NOTICE WITHIN THE APPLICABLE TIME PERIOD SHALL BE DEEMED AN ABSOLUTE AND UNCONDITIONAL WAIVER OF BUYER S CLAIM FOR SUCH DEFECTS.

DAMAGED MERCHANDISE

Steelhead, Inc. is not responsible for damage or loss to a shipment by a freight carrier.  Check shipments for damage before accepting. The buyer is responsible for filing a claim with the freight carrier for any and all damage or loss.

INSTALLATION WARRANTY

Steelhead, Inc’s. equipment, if erected or rated for performance, will be installed or rated in a workmanlike manner, and any defects due to faulty workmanship which develop within one (1) year from the date of completion will be corrected by Steelhead, Inc.. Collateral materials and work performed by others are not covered by this warranty. The expense caused by these collateral materials or work shall be to the owner.

CONDITIONS

Steelhead, Inc’s. liability is limited to the foregoing warranties, and Steelhead’s installation and ratings are based upon standards of information furnished by the owner. Steelhead shall not be liable for any other damage, whether direct or consequential, concerning material or workmanship. Normal wear and tear and any failure or defect due to acts of God, falling objects, external forces, explosion, fire, riot, civil commotion, harmful fumes including corrosive or aggressive atmospheres, failure of the owner to take normal housekeeping and maintenance care, lack of normal care, custody and control are not covered by these warranties. This warranty is limited to the above original owner and to the unit that remains in the location of its original installation and shall be void unless Steelhead, Inc., is notified in writing within thirty (30) days after the discovery of any failure of defect.

No claim will be allowed for damages or delays caused by defective materials, or operating failures, including delays in production, whether related to the use of, or delivery of any equipment, or for any consequential damage or business loss incurred by the Buyer.