Terms and Conditions of Sales

Warranty:

Unless otherwise stated in writing, the only warranty or guarantee made by Ortco Inc. in connection with the sale of any of its products and for which it is in any way liable is to replace such goods as prove to be defective when used for the purpose for which it is manufactured, f.o.b., at point of delivery to the carrier of goods being replaced, or allow credit for such goods at our option, provided that Ortco Inc. is given written notice of such claimed defect as soon as it is discovered. All goods are to be returned to Ortco Inc. transportation prepaid. Under no circumstances are we responsible for any damage beyond the price of the goods. No damages or charges of any kind either for labor, expenses or otherwise, suffered or incurred by the customer in repairing or replacing defective goods, or occasioned by them will be allowed, Ortco Inc. makes no warranty or representation of any kind, express, statutory or implied including that of warranty of fitness or merchantability except that which is stated above.

Terms of Payment:

All accounts are payable on demand. Unless otherwise specifically stated on the invoice, terms of payment are net cash 30 days following the date of the invoice. Boxing, cartage, freight insurance and handling are always net. Interest will be charged at the rate of 1 1/2% per month after the 30th day following the date of the invoice. In the event that the enforcement of the claim of indebtedness arising hereunder is placed in the hands of an attorney for collection, customer agrees to pay all costs and attorney's fees of 25% of the invoice with a minimum charge of $100.00. All prices subject to change without notice.

Liability:

All tools and equipment are sold under the express understanding that the use of said tools and equipment by any person, firm or corporation whomsoever, is entirely at the risk of the user; and in said tools and equipment, Ortco Inc. assumes no liability of any kind or character for any damages to any well, property or person from the use of said tools and equipment caused by the manner of their use, defect of the materials whether latent or patent, workmanship, assembling, or otherwise. We exercise every precaution prevailing in our business to assure that our tools and equipment are in good condition, but we do not guarantee them in any respect whatsoever, and they are used entirely at the risk of the purchaser. Ortco Inc. shall not be responsible for any loss, damage, or injury including death or like casualty to persons ( whether they be third persons, the purchaser, or its employees) and to the property ( whether it be that of the purchaser or the employees or third persons ) by reason of any damage from any such tools and equipment or any part thereof by reason of any defects in the manufacture or installation of said tools and equipment whether due to negligence of Ortco Inc., or otherwise.

Cancellations, Claims and Returns:

Orders for products or parts of special design, size or materials are not subject to cancellation. Claims for shortage or reductions for erroneous charges must be presented within thirty (30) days of receipt of products. No material will be taken back and credited or replaced unless arrangements for such returns have been made in writing.

Change of Design:

Ortco Inc. reserves the right to change or modify the design and construction of any of its products without incurring any obligation to furnish or install such changes or modifications on products previously or subsequently sold.

Shipping weight, Delivery and Insurance:

All weights listed in our catalog are approximate and unless otherwise stated does not include boxing. Our responsibility ceases upon delivery to any common carrier; and we do not, unless previously instructed insure shipments beyond the point of delivery. In the event a customer desires insurance upon a shipment we will endeavor to procure said insurance as nearly as possible in accordance with our customers written instructions, but do solely as an accommodation to the customer and assume no liability for the placing or effectiveness thereof in the event of any loss.

Taxes:

If under any law or government regulation now or hereafter effected, the seller is required to pay or collect tax upon the property included in this order or predicated upon, measured by or arising from the sale, transportation, delivery, use or consumption of said property, directly or indirectly, the price to be paid by the buyer hereunder shall be increased by the amount of any such tax which the buyer agrees to pay as part of the purchase price.