Buyer Purchase Orders should reference this quotation and shall constitute acceptance of these terms and conditions that are considered to take precedence where any conflict exists between Buyer’s Purchase Order and this quotation.
Validity of Quotation
Lion City Co. quoted price and delivery schedule is valid for a period of sixty (30) days from date of quote.
Risk of Loss
Risk of loss with respect to Lion City Co. deliverables delivered under this Agreement shall fall on Lion City Co. until delivery is made to the courier at Lion City Co. facilities, at which point risk of loss shall fall on Buyer.
Any Lion City Co. proprietary specifications, drawings, designs, or technical or business data (“Proprietary Information”) furnished to Buyer in connection with the work required under the Purchase order shall remain Lion City Co. property. All copies of such Proprietary information shall be returned to Lion City Co. at its request and shall be kept confidential by Buyer unless such Proprietary Information has been or is subsequently made public by Lion City Co. or a third party. Lion City Co. retains title and all rights to inventions relating to Lion City Co. Products delivered under this quotation, if applicable. Delivery of Lion City Co. Products under this quotation conveys no license to Buyer under any intellectual property rights of Lion City Co.
Lion City Co. warrants that the Lion City Co. products delivered will comply with the respective description and specifications furnished in this quotation, and will be free from defects in workmanship or materials in normal use and operation. Lion City Co. responsibility under this warranty is, at its sole option, to repair, or replace, at manufacturer’s facilities and without extra charge, any Lion City Co. product that the buyer informs Lion City Co. as being defective within seven (7) days from date of delivery to Buyer, and found by Lion City Co. to be so defective. Requests for compliance with this warranty will be honored only when made by Buyer. All claims under this warranty must be made in writing.
No item may be returned to Lion City Co. without its authorization in advance. Lion City Co. shall collect or pay transportation charges on returned Lion City Co. products found by Lion City Co. to be defective. This warranty shall not apply to any Lion City Co. product that has been repaired, damaged or altered by anyone other than Lion City Co., or a person acting under Lion City Co. written direction. Except for the above warranty, Lion City Co. makes no other warranties, express or implied. This limited warranty expressly excludes all other express or implied warranties including, but not limited to, warranty of fitness for a particular purpose. Lion City Co. requests immediate notification of any claims arising from damage in transit in order to determine if carrier responsibility exists.
It is understood that Buyer is responsible for the design and manufacture of its goods, and Lion City Co. shall not be liable for any loss or damage relating to or asserted to arise from such goods incorporating Lion City Co. products, including claims for patent infringement or injury based on negligent or improper design. Buyer shall indemnify and hold Lion City Co. harmless in respect of any such injury, loss or claim, including legal fees incurred in defense.
Inspection and Acceptance
In the manufacture of Lion City Co. products delivered hereunder, Lion City Co. will utilize an inspection or quality assurance system in accordance with good commercial quality management.