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Terms and Conditions

This is Solberg's general terms and conditions of sale as of June 25, 2014.  For more information, please contact Solberg.

 

Solberg Companies 

General Terms and Conditions of Sale

1 Order Acceptance: All sales and contracts for sale of all products (“Products”) by any Solberg company, entity or subsidiary (“Solberg”) are subject to Purchaser’s consent and agreement to these General Terms and Conditions of Sale. Solberg hereby objects to any terms or conditions contained in any purchase order or other communication of any kind from the Purchaser that is conflicting, inconsistent or additional to this document. No waiver, alteration, addition or modification of the Conditions shall be valid unless made in writing and signed by an authorized representative of Solberg.  The Conditions constitute the entire agreement between the parties, and supersede all prior or contemporaneous oral or written understandings, negotiations, warranties, or agreements of any kind. In the case of a conflict between the Conditions and a written contract signed by both parties, the following order of precedence shall apply: (1) a fully executed contract between the parties such as a Supply Agreement; and (2) Solberg General Terms and Conditions of Sale. Solberg reserves the right to modify the General Terms and Conditions of Sale unilaterally without notice.

 

2 Lead Time and Delivery: Solberg provides manufacturing lead times and does not guarantee delivery dates. All lead times mentioned in any quotation or order confirmation or other media are good faith approximations only and do not represent any binding obligation towards Purchaser. Lead times are calculated from the latest date of the following events:  (1) the date the order is confirmed by Solberg, (2) the date the Purchaser’s final drawing approval is received by Solberg or (3) the date down payments or deposits are received from the Purchaser.

Unless otherwise expressly agreed to in writing by Solberg, delivery will occur when loaded on the Purchaser’s vehicle or handed over to a carrier for transport of the Products to the Purchaser’s designated location. 

 

3 Pricing and Quotations: All published and quoted prices are free of taxes, freight, duties and any other charges (“Additional Fees”) and Purchaser is exclusively liable for any Additional Fees. Solberg prices are subject to change at any time without notice or obligation to honor published or quoted pricing. Solberg reserves the right to withdraw or amend a quotation at any time prior to confirmation of an order. All pricing information provided is based on the release quantities outlined within body of the quotation. Purchases at quantities less than the minimum release quantity are subject to higher per unit cost and an additional set-up charge. Open and unshipped orders are subject to surcharges and fees due to extraordinary circumstances. 

 

4 Technical Information and Samples: All statements, technical information and recommendations concerning the Products sold or samples provided by Solberg are based upon information believed to be reliable, but do not constitute a guarantee or warranty. It is the sole responsibility of Purchaser to independently determine, prior to use, that Products are suitable for the purposes of Purchaser.

 

5 Payment Terms, Penalties, Deductions, Setoffs and Rebates: Any extension of credit allowed to Purchaser may be changed or withdrawn at any time. Unless otherwise expressly agreed to in writing by the Parties, payment of invoices shall be in the invoiced currency within thirty (30) days from the date of invoice without any setoff or discount being applied. Solberg, reserves the right to determine, set and collect down payments or deposits for any purchases at the time an order is placed. Solberg does not accept any penalties, deductions, setoffs or rebates as a condition of supply.

 

6 Confidentiality: Purchaser shall not disclose to any third party confidential information received from Solberg in connection with the sale and/or sales related agreement, such as the price agreed between the Parties, and shall use this information exclusively in fulfilling its obligations and commitments towards Solberg, except as required by law or with written approval of Solberg.

 

7 Order Changes, Cancellations and Returns: Should Purchaser choose to change or cancel orders, Purchaser is liable for any and all costs and expenses incurred by Solberg for work completed, services rendered or materials procured to satisfy a Purchaser’s purchase order requirements or release schedule. Most standard products can be returned subject to the conditions and procedures listed on Solberg’s Return Authorization form. Purchaser is responsible for all shipping related charges.

 

8 Limited Warranty: Subject to the conditions and limitations hereinafter stated, Solberg warrants its products to be free from defects in material and workmanship for a period of 12 months after delivery and said warranty is limited to repair of the defect, replacement of the product or part thereof or prorated credit towards the value of the product at Solberg’s discretion. This Warranty is only valid for the original Purchaser of the product and is not transferable. Proof of purchase may be required to obtain warranty performance. If Solberg accepts a warranty claim Solberg will assume the transfer costs involved in returning it to Solberg including reasonable costs of installation or removal whenever appropriate but not to exceed the value of the product itself. Notification of defect on parts or product must be given in writing to Solberg within 14 days after receipt of goods or in the case of latent defects as soon as discovered but no later than 12 months from delivery. This warranty does not extend to damages to the product caused during transport and Purchaser is responsible for insuring the goods during transport. This warranty does not cover normal wear and tear, damage caused by misuse, abuse, neglect, alterations or repairs by unauthorized persons. This warranty is not applicable to prototypes or sample parts. The warranty is void if the products are purchased from a non-authorized reseller.

The warranty herein provided is exclusive and in lieu of all other warranties whether statutory, expressed or implied, including all warranties of merchantability and fitness for a particular purpose, and all warranties arising from course of dealing or usage of trade.

When the Purchaser's order is executed according to Purchaser’s designs, drawings, technical specifications, models or samples submitted by Purchaser, Purchaser bears full responsibility for warranty claims arising from product failure and Solberg’s Limited Warranty does not apply.

 

9 Limitation of Liability: Solberg is not responsible and will not be held liable in contract or in tort or otherwise for any damages, costs, expenses or claims for injury or damage caused to persons or property for any special, incidental, indirect or consequential damages whatsoever except as to the remedies provided above under Solberg Limited Warranty. The remedies of Purchaser herein are exclusive and the total cumulative liability of Solberg shall in no event exceed the purchase price of the product or part on which such liability is based.

 

10 Indemnification: Purchaser shall defend, indemnify and hold Solberg harmless from any and all third party claims brought against Solberg relating in any way to the manufacturing, sale, processing, distribution or use of the goods if the goods have been subjected to further processing, assembly or work following shipment of products from any Solberg location. 

In case the Purchaser's order is to be executed according to drawings, models or samples submitted by Purchaser, Purchaser warrants that no industrial rights are being infringed upon by the products thus manufactured If a third party invokes property rights regarding said drawings, models, samples, specifications, or product Solberg is entitled to cease production or delivery without obligation on Solberg’s part to verify the legal position of said third party and to invoice all expenses incurred including any loss of profits to Purchaser. Purchaser bears all responsibility for any damages resulting from any infringement of rights of third parties and agrees to indemnify Solberg against any claims or actions asserted by any such third party.

 

11 Force Majeure: Neither Party shall be liable for its failure to perform any of its obligations hereunder during any period in which such performance is delayed or made impossible by force majeure included but not limited to fire, flood, war, mechanical breakdown, failures of carriers, embargo, riot, labor unrest (including but not limited to strike, go-slow, work to rule), the intervention of any governmental authority, or any causes or contingencies beyond a Party’s reasonable control, provided that the Party who cannot perform as a result of such force majeure notifies the other Party of the delay and the reasons thereof.

General Terms and Conditions

UK Region only Terms and Conditions


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