Liberty Process Equipment (hereinafter "Liberty") warrants the products it supplies only against defects in material and workmanship under normal use and proper installation and service foe a period of One Year from the date of shipment. Liberty's liability and customer 's exclusive remedy under this warranty or any other warranty express or implied, is expressly limited to the purchase price, repair or replacement, at Liberty's option, during said period, upon the Purchaser returning such products to the factory or warehouse designated by Liberty at Purchasers expense.
Liberty does not guarantee the suitability of any pump or part for a particular operation and shall not be liable for any incidental or consequential damage or expense (including without limitation loss of profits) arising from a breach of the foregoing warranty or misuse of its products.
This warranty does not apply to products altered or repaired by others, nor will Liberty reimburse Purchaser for any such alteration or repair.
Failure due to normal wear, misapplication, misuse, abuse or modifications not in compliance with manufacturer instructions are excluded from this warranty. There are no express warranties other than those contained in the agreement, and all other representations or affirmations made, including drawings or models shown, were for illustration purposes only.
All decisions as to the cause of failure are the sole determination of Liberty.
Prior approval must be obtained from Liberty for return of any items for warranty consideration. A Return Goods Authorization (RGA) Number obtained from Liberty must be marked on items, which must be shipped freight prepaid.
If an Item is returned and the problem is not one of defective material or workmanship, Liberty will impose a minimum handling fee of $100.00 plus the cost of any parts used in the repair. Returned parts that are found to be unusable will be returned at the Purchasers expense. Parts or Pumps that are returned without authorization from Liberty will not be considered for warranty and will be returned freight collect.
THIS WARRANTY IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES WITH RESPECT TO QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES AGREE THAT THE PURCHASER'S SOLE AND EXCLUSIVE REMEDY AGAINST LIBERTY SHALL BE FOR THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS AS PROVIDED HEREIN.
THE PURCHASER AGREES THAT NO OTHER REMEDY (INCLUDING BUT NOT LIMITED TO, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY, OR ANY PROPERTY, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL LOSS) SHALL BE AVAILABLE TO PURCHASER. UNDER NO CIRCUMSTANCES SHALL LIBERTY'S LIABILITY, WHETHER FOR FAILURE TO DELIVER, BREACH OF AGREEMENT, OR ANY OTHER CAUSE WHATSOEVER, EXCEED THE PURCHASE PROCE OF THE PARTICULAR GOODS IN QUESTION.
Integrity of Serial Number:
Since the serial number tag on Liberty products clearly designates its composition and type, Purchaser shall not remove, cause or permit to be removed, a serial number tag without prior written approval. in the event that a serial number tag is removed, or the components of the pump changed, customer agrees immediately to re-tag the pump to indicate clearly the correct composition and components of the pump and that its source of origin is Liberty.
Modification of Product:
If the Purchaser or end user modifies any product sold by Liberty without the express written consent of Liberty, such Modification renders the warranty herein null and void and the customer agrees to indemnify and hold Liberty harmless from any and all claims, demands, actions, or costs or expenses incurred from these modifications. Changing one genuine manufacturers part for another does not constitute a modification hereunder.
Use of Non-Genuine Parts:
If the Customer introduces a non-genuine part or parts (not made by the manufacturer of the pump), or otherwise purchases products not manufactured, sold or used to assemble Liberty products, the Liberty Warranty does not cover such parts, or pumps including such parts. Liberty has no liability for any damage, direct, consequential, incidental, caused by such parts or pumps.
Acceptance of Orders/Cancellation Charges:
All orders are subject to acceptance by Liberty. When orders are accepted, they will be acknowledged buy Liberty, unless the products are to ship immediately, in which case acceptance will be rendered upon shipment of goods. The acceptance and acknowledgment or shipment of an order by Liberty should not be construed as certification that a product will meet the requirement off the Occupations Safety and Health Act (OSHA).
Delivery dates are not guaranteed and late delivery penalties will not be accepted unless agreed to in writing by Liberty at the time of order acceptance.
In the event an order is canceled after it has been accepted and acknowledged or shipped, a cancellation charge based on the percentage of work performed will be assessed. The minimum charge for any canceled order is 15% of the Net price.
Published Prices and Terms:
The published process for all products sold by Liberty are subject to change without notice. Liberty reserves the option to invoice at its process in effect at time of shipment. All prices exclude sales, excise, use or other taxes, all of which are for the Customer's account. Prices, unless otherwise stated are FOB Arlington Heights, Illinois. Minimum amount invoiced for each order is $50.00 Net.
Special quotations may be obtained from Liberty for the products not covered by published process. Such special quotations are firm for thirty (30) days after the date of quotation.
Except for quotations placed with UPS or Parcel Post, all United States and Canadian shipments are freight collect. No Matter what method of shipment is used, the risk of loss transfers to the Purchaser at Liberty's Dock or other point of shipment if not shipped from Liberty's facility.
All shipments are made with terms of net payment within thirty (30) days from the date of invoice unless otherwise agreed to in writing by Liberty. A late payment charge of 1.5% per month will be added to all past due accounts.
Upon request, up to ten (10) standard outline dimension drawing copies are furnished by Liberty for the products on order. Sepia type reproducible copies of outline dimension drawings are furnished for a charge of $5.00 each.
Instruction and parts Sheets:
One copy of the manufacturer's standard Instruction and Part's list is packaged and shipped with each pump. Additional copies are available upon request with a maximum of five (5) copies at no charge.
Factory Inspection, Tests, Etc.:
When certified test reports are required, the manufacturer will test equipment performance under simulated conditions agreed upon with the customer. All special factory inspections, certified performance test, etc. must be submitted to Liberty for quotation.
Terms and Conditions for Site Usage
Terms & Conditions
1) You agree not to re-use material from this web sight. In particular, you agree not to copy, distribute, republish, upload, post, or transmit anything unless you receive written consent from Liberty Process Equipment or its parent company Shanley Pump and Equipment first.
2) Everything you download - all files, images, and data accompanying it - is considered licensed to you by Liberty Process Equipment for temporary use only. We retain full and complete title to the files and to all associated intellectual-property rights to any photos, text, videos or other display materials placed online. You, as a visitor, are not allowed to redistribute or sell the material, reverse engineer, disassemble, or otherwise convert it to any other form that people can use that is not within Liberty Process Equipment guidelines.
3) We sometimes provide access to other World Wide Web sites from our site. But we do not endorse or approve any products or information offered at sites you reach through our site. Check the uniform Resource Locator (URL) address provided in your WWW browser to see if you are still on the Liberty Process Equipment operated site or have moved to another site.
4) Unless otherwise specified, the material in our site is presented to provide information about Liberty Process Equipment, its equipment, and its products.
Liberty Process Equipment controls and operates its site from Arlington Heights, Illinois, in the United States of America. We in no way imply that the material on the site are appropriate or available for outside of the United States. If you use our site from locations outside of the United States, you are responsible for compliance with applicable local laws.
Termination of this Agreement
5) This agreement is effective until terminated by either party.
You may terminate this agreement at any time, by destroying all materials obtained from the Liberty Process Equipment site, along with all related documentation and all copies of information and data.
Liberty Process Equipment may terminate this agreement at any time and without notice to you if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials.
In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And Liberty Process Equipment is entitled to terminate all or part of any of its Web site at any time, without notice to you.
6) These Terms and Conditions, and the agreement they create, shall be governed by and interpreted according to the laws of the State of Illinois (without applying the state's conflict-of-law principles).
If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.
Liberty Process Equipment may modify these Terms and Conditions, and the agreement they create, at any time, simple by updating this posting and without notice to you.
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Information We Collect
At our site(s), we don't collect personally-identifiable information from individuals unless they provide it to us voluntarily and knowingly. This means we do not require you to register in order in order to view our site. If you register in order to buy on-line we use the information you supply for the purpose of providing the services you've requested. We don't share any information you give us with anyone outside of Liberty Process Equipment. All information collected by Liberty Process Equipment remains in the sole possession of LPE and its parent company Shanley Pump and Equipment and will not be sold or distributed for any reason.
In our feedback forms, we ask for personnel-identifiable information, such as your name and e-mail. We use this information only if we need to contact you directly. We don't use the information internally for other purposes, and we don't share it with anyone outside of Liberty Process Equipment. We don't use your e-mail address for any other purpose other than responding to the message you've sent, unless we have your permission. Your email address may be utilized for Liberty E-Advertisements about new Liberty products, sales etc. and you may be contacted if you have used our site and provided us your contact information, however you may opt out of the first message you receive and you will not be contacted again.
8) Like many companies, we use "cookie" technology on our web site. A "cookie" is a filed stored on your computers hard drive which is accessed when you log on. This cookie lets us know whether you have visited us before or if you are a new visitor. The cookie doesn't obtain any personal information about you or provide us with any way to contact you, and the cookie doesn't extract any information from your computer. We use the cookie to help us identify site features in which you have access to, so that we can provide you more of what you may want.
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Liberty Process Equipment, Inc.