Terms, Conditions & Warranty Statement

  Koch Filter Corporation

Terms and Conditions of Sale and Warranty Information (rev 4, December 2010) 

ACCEPTANCE: The acceptance of Buyer’s order is expressly made conditional on Buyer’s assent to the terms and conditions set forth herein.  FURTHER, ALL SALES ARE EXPRESSLY CONDITIONED UPON THE TERMS AND CONDITIONS CONTAINED IN SELLER’S TERMS AND CONDITIONS OF SALE FOUND AT http://www.airdistribution.com/conditions_of_sale (“TERMS & CONDITIONS”).  IN THE EVENT OF A CONFLICT BETWEEN THIS SALES POLICY AND THE TERMS & CONDITIONS, THIS SALES POLICY SHALL CONTROL.  ANY CAPITALIZED TERM USED BUT NOT DEFINED HEREIN WILL HAVE THE MEANING GIVEN TO IT IN THE TERMS & CONDITIONS.

Please Note: If the warranty is included in a packet responding to a Request for Quote or Bid from an individual customer, governmental agency or municipal entity, Koch Filter Corporation understands and agrees that the prices, terms and conditions quoted to that customer, agency, or entity will supersede the Terms and Conditions listed herein. 

1. Term of sale 

1.1. All sales of Koch Filter Corporation (“Koch”), Goods are net 30 days from date of invoice. No cash discounts are given unless expressly agreed upon in writing by Koch.  

1.2. Orders from Buyers without previously arranged credit will be shipped on a COD or payment in advance basis, until credit is established.  Koch will extend open credit to Buyers who qualify.  

1.3. Koch will review payment history of Buyer accounts at anytime and credit may be increased or decreased at anytime in Koch’s sole discretion. 

1.4. Unpaid amounts may result in a credit hold being placed on the account until the account is paid in full.

 

2. Remittances  

Koch Filter Corporation

PO Box 1163810

Atlanta, GA 30368-3810

Applicable invoice number must accompany all remittances so that credit is accurately

applied to account.

Overnight Checks

Koch Filter Corporation

Lock Box 1163810

Stockbridge, GA 30281

Applicable invoice number must accompany all remittances so that credit is accurately

applied to account.

3. Pricing 

3.1. Prices are subject to change without notice at any time and from time to time.  Koch will specify the effective date of any price change.  All orders received on or after that effective date will be invoiced at the revised price.

3.2. Blanket purchase orders received with deferred shipping dates will be billed at the price in effect on the date the order is received.  No rebates or refunds are given to Buyers if a price change becomes effective after the date the order is received.  

3.3. No Good will be shipped on consignment to any Buyer.

3.4. Pricing is only valid for the specific time period stated on Koch’s quote.  

3.5. Goods are invoiced at Good catalog pricing unless Koch expressly agrees in writing to a deviation in price. If Koch agrees, a special quote form will be issued to specify the Good or part, price, expiration date and other provisions.  

4. Minimum order 

 The minimum order is $25 net (excluding freight).  Orders for less than $25 may be rejected

or raised to this amount at Koch’s sole discretion.

5. Acceptance of orders 

5.1. All orders are subject to receipt of written acknowledgement and confirmation by Koch.  

5.2. Orders for custom-made or non-standard Goods are subject to receipt of signed submittal, Buyer purchase order and written acknowledgement by Koch.  

6. Cancellation or Modification of orders 

6.1. Orders for stocked Goods or parts as shown in the current Koch stock list may be cancelled or modified only prior to shipment with Koch’s written consent.  

6.2. Orders for custom-made or non-standard Goods may not be cancelled after the production process commences. 

6.3. To request a cancellation or modification is desired, please contact customer service at 1-800-757-5624

7. Standard packaging 

7.1. All standard size Goods are shipped in standard package quantities as listed in Koch’s price pages.  

7.2. Orders for Goods that are less than full carton quantities as listed in Koch’s price pages may be increased by Koch to the standard package quantities or Koch may charge a $5 per non-standard carton packaging charge in Koch’s sole discretion.

7.3. Custom-made or non-standard Goods ordered are packaged at the sole discretion of Koch and orders will be charged a $5.00 packaging charge.

7.4. Orders requesting palletized shipment will be charged $10 per pallet.

8. Freight terms 

8.1. All Goods will be shipped Ex Works Koch’s facility (Incoterm 2000), regardless of any freight allowances provided by Koch in its sole discretion.  Koch is not liable for any Good lost, damaged, or destroyed while in transit, and Buyer acknowledges and agrees that any risk of such loss, damage, or destruction transfers to, and is assumed by, Buyer upon delivery of the Goods to the carrier or when otherwise placed in transit.  

8.2. Goods must be inspected immediately for freight or shipping damage upon receipt, and if damaged, Buyer must immediately file a claim with the carrier.  Koch is not be responsible for claims related to freight or shipping damage.

8.3. In the event concealed damage to Goods are uncovered after receipt of Goods, the Buyer must immediately notify carrier so that an inspection of the Goods may be scheduled and a freight or shipping damage claim filed  Koch is not responsible for claims related to freight or shipping damage.

8.4. Unless otherwise agreed to in writing, Koch will determine the preferred carrier at the time of shipment.  The carrier used for shipment is at the sole discretion of the Koch factory. Koch use commercially reasonable efforts to utilize the most economical means available to ship Buyer’s orders.  If possible, United Parcel Service (UPS), FedEx ground, or similar parcel service will be utilized.  Koch reserves the right to exclude specific carriers due to certain fragile Goods, such as Koch’s HEPA filters.

8.5. All orders requesting prepaid & add may, at the sole discretion of Koch receive a shipping and handling.

9. Acceptance of Goods 

9.1. Buyer is solely responsible for inspecting each delivery of Goods to confirm that all Goods ordered are conforming and no Good is missing from a delivery.  In the event a Good is nonconforming or is missing from a delivery, Buyer will immediately inform Koch of the nonconforming or missing Good. Goods are deemed accepted by Buyer upon delivery to the carrier. Acceptance of any Goods will not limit Koch’s warranty obligations.  

10. Title 

Title to any Goods will pass to Buyer upon payment in full for such Goods.

11. Placing orders

Please place all orders in writing via email, regular mail or fax to the addresses below:

• Koch Filter Corporation PO Box 3186 Louisville, KY 40201-3186 Fax: 502-637-2280 
Phone: 502-634-4796

info@kochfilter.com

Or

• Koch Filter Corporation 10290 Birtcher Drive, Mira Loma, CA 91752  Fax: 951-361-9353  Phone: 951-361-9017

info@kochfilter.com

Or

• Koch Filter Corporation 4411-A Darien Street Houston, TX 77028 Fax: 713-672-7004 Phone: 713-672-6550

info@kochfilter.com

 Or

• Koch Filter Corporation 1653 State Street East Greenville, PA 18041 Fax: 215-679-5379 Phone: 215-679-3135

info@kochfilter.com

12. Limited Warranty 
     Koch warrants to the original Buyer that its Goods are free from defects in material and workmanship.  The foregoing warranty will apply for ninety (90) days from the date of shipment from Koch’s facility (the “Warranty Period”).  For additional warranty information and terms please visit Koch’s Terms and Conditions at http://www.airdistribution.com/conditions_of_sale.

13. Governing law 
     The contract for the supply of Goods or parts will be governed by the laws of the state of Kentucky, without reference to any conflict of laws principles that would require the application of the laws of any other jurisdiction.  The United Nations Convention on Contracts for the International Sale of Goods shall not apply.  Buyer irrevocably consents to the personal jurisdiction of the state and federal courts located in the State of Kentucky, for any suit or action arising from or related to the Goods, and waives any right Buyer may have to object to the venue of such courts.  Buyer further agrees that these courts will have exclusive jurisdiction over any suit or action initiated by Buyer against Koch.

14. Returned goods policy

14.1. Except as provided in Koch’s Limited Warranty with regards to warranty claims, all Good sales are final and no returns will be accepted without Koch’s written approval.  Koch may, in its sole discretion and subject to a minimum fifteen percent (15%) restocking fee plus all applicable inbound and outbound freight costs, accept returns of non-defective, non-custom Goods within thirty (30) days of delivery.

14.2. Koch’s written approval must be obtained from Koch’s customer service prior to returning any Good, including standard Good. (Return Goods Authorization (“RGA”) is acceptable).

14.3. If Koch’s written approval or an RGA is obtained, returned Good must be in resalable condition, in the original factory cartons and must be returned within (30) days from the RGA’s date of issue or Koch’s written approval.  All returns must be full cartons of Good, clearly have the returned goods tag displayed on the largest package, and marked with the RGA number on each carton.  Credit will only be issued fro Goods that are considered resalable, in Koch’s sole discretion.  Only full cartons of Good may be returned.

14.4. Request authorization from the appropriate customer service department at the appropriate location:

• Koch Filter Corporation, Louisville KY Phone: 502-634-4796 · 
• Koch Filter Corporation, Houston TX  Phone: 713-672-6550
• Koch Filter Corporation, Mira Loma, CA Phone: 951-361-9017 · 
• Koch Filter Corporation, Greenville, PA, Phone: 215-679-3135