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Evans Machine and Gear

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Terms and Conditions

1. General Terms of Sale
Standard terms and conditions contained herein shall constitute the entire contract for sale of the apparatus unless expressly modified by subsequent writing. This instrument shall embody all representations made in the course of bargaining. Any attempt to modify or add to the terms of this invoice shall be construed as an acceptance in full of all terms included herein and an offer of additional terms, which shall be deemed rejected unless accepted in writing by Evans Machine and Gear, LLC (hereinafter call the company). Acceptance of any goods shipped pursuant to this invoice shall constitute acceptance in full of the terms and contained herein.

2. Warranty
The company warrants to the purchaser that the apparatus to be delivered hereunder, when shipped, will be free from defects in material and workmanship and will be of the kind and quality designated by any written specifications. Upon notice to the company within one year from (a) the date of shipment by the company, (b) the date of completion of manufacture if shipment is delayed by the purchaser, (c) the date of completion of installation if the apparatus is installed by or its installation is supervised by the company, the company shall correct any defect, including non-conformance with the specifications, at its option, whether by repairing any defective part or parts or by making available F.O. B. at the company's facility a repaired or replacement part. Any apparatus claimed to be defective shall be held for inspection by the company and returned to the original F.O.B. point by request. The liability of the company to the purchaser arising out of the supplying of the said apparatus, shall be in all cases limited to replacement or repair as specified above, and in no event shall the company be liable for consequential or special damages, or for transportation, adjustments, installation or other expenses which may arise in connection with such apparatus. THE FOREGOING IS EXCLUSIVE AND IN LIEU OF ALL WARRANTIES WHATSOEVER, EXPRESSED, IMPLIED. AND STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

3. Delivery
Acknowledged shipping dates are approximate and are contingent upon prompt receipt of all necessary information in proper form. In no event shall the company be held liable for delays in delivery or failure to manufacture or deliver due to fire, floods, strikes or other disputes, accidents, war, riot, insurrection, acts of civil or military authority, government regulation, delay or defaults of common carriers, inability to obtain necessary labor, materials, components or manufacturing facilities, or without limiting the foregoing, any other delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay. All prices are F.O.B. the company's shop. The mode and route of shipment and the carrier to be used shall be determined by the company at its discretion. Identification of goods to the contract shall occur as each shipment is delivered to the carrier, and the carrier shall be deemed the agent of the purchaser for all purposes. The company shall not be liable for loss or, delay in shipment of, or damage to any apparatus of goods after they have been delivered to the carrier.

4. Cancellation
The purchaser may cancel its order only upon advance written notice and payment to the company of such reasonable service and cancellation charges may be specified by the company.

5. Payments
Credit terms are shown on the reverse side of this invoice and payments shall be made in accordance therewith. Prorate payments shall become due and payable to the company as shipments are made and in the event that shipments are delayed for any reason other than an act of the company, payment shall become due and payable on the date when the company is prepared to make shipment. If the work to be performed hereunder is delayed by the purchaser, prorate payments shall be made monthly based on the purchase price and the percentage of completion performed by the company. Apparatus held for the purchaser shall be identified to the contract as of the date when the company is prepared to make shipment, whereupon the purchaser shall assume all risks of loss or damage and the liability for the reasonable storage charges. If the financial condition of the purchaser at any time in the sole judgment of the company does not justify continuance of the work to be performed by the company hereunder on the terms of payment agreed upon, the company may require full or partial payment in advance. Failure to make payments when due, bankruptcy or insolvency of the purchaser, or the commencement of any proceeding by or against the purchaser, voluntary or involuntary, under the bankruptcy or any solvency laws, is expressly declared a breach of this contract. The company reserves all remedies, available to it in such event, including but not limited to, the right to cancel any order then outstanding and receive reimbursement for its reasonable cancellation charges up to the date of manufacture or to salvage, and the right to sell goods and to recover any deficiencies sustained by the company. Negotiable instruments are received solely as conditional payment until paid and the company retains a lien for payment upon all products sold until it has received full cash payment. Furthermore the Purchaser agrees to notify the Company of any Insolvency and or Bankruptcy Preceding Ninety (90) Days prior to the Company performing any Services or the shipment of any apparatus to the Purchaser.

6. Sales and Similar Taxes
The amounts of all present and future sales, revenue, excise, transfer, use or other taxes applicable to the products listed herein are not included in the price quoted and shall become an addition to the purchase price and shall be paid by the purchaser, in lieu thereof, the purchaser shall provide the company with a tax exemption certificate acceptable to the taxing authorities.

7. Limitations of Liability
In no event shall the company be liable for special, incidental, or consequential damages except those arising from the gross negligence of the company. Other than as specifically provided in the paragraphs entitle "Warranty," the company's liability on any claim for loss or liability arising out of or in connection with any contract resulting from this invoice or the manufacture, sale, delivery, resale, or use of any apparatus covered by any contract resulting from this invoice shall in no instance exceed the quoted unit price of such apparatus or part thereof involved in the claim.

8. General
(a) The company will comply with all applicable federal, state, and local laws, including the Fair Labor Standards Act of 1938, as amended.
(b) All agreements, orders and contract arising from this invoice shall be interpreted and construed according to the laws of the State of Alabama. Purchaser agrees that the sole venue for all disputes regarding this agreement and the sale of the apparatus or the services to be rendered by the Company shall be in the courts of the 22nd Judicial Circuit, Covington County Alabama.
(c) Failure by either party, on one or more occasions, to exercise any of its rights under the terms of this invoice shall not be construed as a waiver of such right or rights. All rights under this invoice shall inure solely to the benefit of the purchaser named and shall not be assignable without the prior written permission of the company.
(d) The section titles used herein are solely for convenience of reference and the names of the respective sections shall not be deemed to limit or restrict any of the provision hereof.

9. Service Charge
Payments will be considered delinquent five (5) days after the due date shown on the front of this invoice. A one and a half percent (1 1/2) service charge will apply to the unpaid balance after the fifth day.