Privacy Policy: L&H Industrial
General Purchase Order Terms & Conditions
General Limited Warranty Provisions
Privacy Policy: L&H Industrial
www.lnh.net
Protecting Your Personal Information
L&H Industrial recognizes that the privacy of your personal information is very important. We do not and will never sell your personal information to third parties. Please take a few minutes to familiarize yourself with our Privacy Policy. This Privacy Policy applies to this and all other websites (collectively referred to as the “Site”) offered or operated by L&H Industrial or affiliated companies (collectively referred to as “L&H”). YOUR USE OF THE SITE CONSTITUTES ACCEPTANCE OF L&H’s PRIVACY POLICY.
Information We Collect
We may collect the following types of information:
Information you provide – When you sign up for access to L&H’s online resources (including any customer applications), download documents, or complete online forms, we may ask you for certain personal information. The only personally identifiable information that we keep is the information that you provide to us. You may be asked to provide the following personal information: Name, company name, job title or function, e-mail address, and certain demographic information.
Cookies – A cookie is a piece of data stored on a user’s computer that is tied to information about the user. When you visit the Site, we send one or more cookies to your computer or other browsing device. We use cookies to improve the quality of our service, including storing user preferences, improving search results, and tracking user trends. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some L&H features and services may not function properly if your cookies are disabled. This collected information is anonymous and does not identify you personally.
Log information – We also collect non-personal information, i.e., data in a form that does not permit direct association with any specific individual. When you access the Site via a browser, application, or other client, our servers automatically record certain information. This may include information such as your web request, your interaction with a service, Internet Protocol (IP) address, browser type, browser language, the date and time of your request, and one or more cookies that may uniquely identify your browser or your account. To the extent that IP addresses or similar identifiers are considered personal information by local law, we treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.
How We Use This Information
Contact form – If you use a contact form on www.lnh.net to request a contact from someone at L&H Industrial, or if you otherwise provide your contact information directly to us, we will use the information you provide to respond to your inquiry. We will also keep that information for future communications, which may include contacting you regarding the business you have with L&H Industrial and occasional emails with invitations to special events as well as news and other announcements about L&H Industrial. You may opt out of these communications from L&H Industrial at any time by sending us an email with “OPT-OUT” in the subject line. L&H will NOT sell any of your personal information.
Analytics – We use Google Analytics to collect information about visitor behavior. Google Analytics stores information about what pages you visit, how long you are on the site, how you got here, and what you click on. This Analytics data is not tied to personally identifiable information. We do not collect or store your personal information, e.g., your name or address, so this information cannot be used to identify who you are. You can find out more about Google’s position on privacy regarding its analytics service here.
Visitor data – The information we collect from cookies and website analytics helps us learn how people arrived at www.lnh.net and what information they found most interesting and useful once there. We use this information to make it easier for people to find our website and to improve the content on our website so that it is more valuable to website visitors.
Country Specific Restrictions
Any materials published on the Site may refer to products or services that are not available in your country. Consult your local L&H business contact in this regard. The Site is hosted by L&H from the United States. If you provide personal information to us, it may be transferred to and processed on computers in the United States and other countries. If you provide personal information to us, you hereby consent to this information being transferred to the United States or outside of your country, even if the laws in your country have restrictions on these types of transfers. Your provision of personal information to us will be handled in accordance with this Privacy Policy. Your provision of personal information to us through the Site means that you agree to the terms of this Privacy Policy.
Changes to This Privacy Policy
L&H Industrial reserves the right to modify this privacy policy at any time. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
L&H Industrial
913 L&J Court
Gillette, WY 82718 USA
(307) 682-7238
Terms & Conditions of Sale
The following Terms and Conditions are to be considered an integral part of the Agreement.
1. GENERAL:
The sale of finished products (“Products”) and the provision of shop or field services (“Services”) by L&H Industrial, Inc. (“Seller”) to Buyer hereunder is subject to these Terms and Conditions. Seller’s acceptance of Buyer’s order is limited to Buyer’s acceptance of these Terms and Conditions and is expressly made conditional on Buyer’s assent to any additional or different forms and conditions contained herein. No modifications of, or additions to, these Terms and Conditions will be valid unless expressly agreed to in writing by an authorized officer of Seller. Seller considers any provisions in conflict with these Terms and Conditions contained in any prior or subsequent order or communication from Buyer to be material and hereby objects to any such provisions. Buyer’s acceptance of any Products or Services covered by these Terms and Conditions shall constitute acceptance of these Terms and Conditions.
2. ENTIRE AGREEMENT:
These Terms and Conditions, together with the payment terms, descriptions of Products or Services, Buyer’s name and address, and any other information or terms and conditions specifically stated in the Buyer’s offer or sales order acknowledgment constitute the entire agreement (the “Agreement”) between Seller and Buyer with reference to the subject matter hereof. Any purchase order issued by Buyer shall be deemed to be for the record-keeping convenience of Buyer and confirm these Terms and Conditions and not add to, delete from, or change these Terms and Conditions.
3. PRICE:
Prices quoted by Seller are exclusive of all taxes including federal, state, and local use, sales, property, import/export, or similar taxes, and Buyer shall pay all such taxes in full or shall reimburse Seller for any such taxes paid by Seller (except taxes levied on Seller’s income).
4. PAYMENT TERMS:
Unless stated otherwise in this Agreement, payment in full is due thirty (30) days from Buyer’s receipt of Seller’s invoice. E-mail or faxed invoices shall be allowed, and receipt shall occur on the date the invoice is e-mailed or faxed. A hard copy of the invoice may be mailed to the Buyer for confirmation purposes only. Buyers outside of the United States or Canada must pay by wire transfer. A 3.5% fee will be added to all credit card transactions. Other Buyer’s payments are to be made by mail or wire transfer pursuant to the following instructions:
By mail:
L&H Industrial, Inc.
913 L&J Court
Gillette, WY 82718
USA
By wire transfers and ACH requests please contact L&H Industrial Credit Specialist
International wire transfer: SWIFT UMKCUS44
5. EXCUSABLE DELAY:
Seller shall not be liable for any delay in delivery or failure to perform any of its obligations if such delay or failure is caused by circumstances beyond the control of Seller’s or Seller’s sources of supply, including but not limited to fires, floods, acts of God, acts of terror, acts of war, government restrictions, material shortages, strikes, work stoppages or lock-outs, epidemics, accidents, or transportation delays irrespective of whether such contingency is specified herein or is presently occurring or anticipated.
6. SHIPMENT:
Unless expressly stated otherwise in this Agreement, all domestic shipments are FOB Seller’s plant or warehouse, and title and all risk of loss with respect to any goods shipped shall pass to Buyer when such goods are delivered to the carrier at such plant or warehouse. Unless expressly stated otherwise in this Agreement, all international trade shall comply with INCOTERMS 2020, the specific trade term and code that will apply to be determined at the time of sale. All trade transactions governed by INCOTERMS 2020 shall confer title to Buyer when any goods are delivered to the carrier at Seller’s plant or warehouse. All delivery dates are estimates of approximate dates of delivery and do not constitute a guarantee of delivery on such dates.
7. CANCELLATION
Cancellation of orders for Products or Services shall require written notification from the Buyer. Upon receipt of such cancellation notice, Buyer shall (i.) For completed Products or Services, take delivery of the completed Products and Services, and make payment to the Seller at the order price. (ii) For uncompleted Products or Services, Seller shall require Buyer to take delivery of all or part of Product or Services at the order price representing the stage of completion or pay Seller the amount of the order price representing the stage of completion (iii) For Products or Services which Seller has on firm order, Buyer shall either take an assignment of Seller’s right under the order or pay the cost of settling or discharging Seller’s obligation under the order.
Subject to limitations and restrictions, Seller may permit the return of parts that have been delivered to and accepted by Buyer per Seller’s Parts Return Policy, providing that such returns were not otherwise subject to the terms of this section. A copy of the Parts Return Policy is available upon request. Seller’s rights and remedies under this section shall not be exclusive and are in addition to any other rights and remedies provided by law.
8. WARRANTIES:
The seller offers a limited warranty for Services and Products as defined in “Limited Warranty for Specific Mining Products” and “General Limited Warranty Provisions” documents. These documents are available upon request.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. WARRANTY REMEDIES:
Buyer’s sole and exclusive remedy for non-conformance of Services or Products shall be the re-performance of any nonconforming Services or Products, providing the Seller is given written notice within the warranty period. Seller shall not be liable for any other expense connected with the correction or re-performance of any Service or for any special, extraordinary, incidental, or consequential damages. Buyer’s sole and exclusive remedy for a failure of Seller’s Product due to defects in material and workmanship during the warranty period, at the Seller’s election, shall be repair or replacement of the defective Product at the Seller’s plant or warehouse.
To request the provisions of this remedy, the Buyer must provide a written notice to the Seller within the warranty period, establish the dates of purchase, installation, and removal from service, document operating hours, and provide a description of the claimed defect. Seller reserves the right to demand the return of the claimed defective Products to its plant or warehouse for inspection at Buyer’s expense. Should Seller agree that a Product might not be reasonably returned due to size or complexity; the same shall be cleaned and presented to an authorized Seller’s representative for complete inspection. The limited warranty shall not include any transportation charges, costs of disassembling or installation, equipment downtime, or any liability for direct, indirect, or consequential damages or delays.
10. NON-DISCLOSURE AND CONFIDENTIALITY:
Buyer acknowledges and agrees that in the course of conducting business with Seller, Buyer may become exposed to proprietary, confidential, sensitive, non-public, or trade secret information that may include but is not limited to Proposals, Drawings, Prints, Specifications, Trade Secrets, and other Technical Data (“Confidential Information”), Buyer shall hold Confidential Information in strict confidence and shall not directly or indirectly disclose Confidential Information to any third party or make use of Confidential Information, except as ordered by any court or any other government body of competent jurisdiction; provided however that Buyer shall give Seller prior written notice of any such disclosure and shall cooperate with Seller if Seller seeks a protective order or similar protection as Seller may deem appropriate to preserve the confidential nature of such information. The restrictions contained in this section are necessary for the protection of the business and goodwill of Seller and are considered by Buyer to be reasonable for such purposes. Buyer agrees that any breach of this section will cause Seller substantial and irrevocable damage and therefore in the event of any such breach, in addition to such other remedies which may be available, Seller shall have the right to specific performance and injunctive relief, as well as attorneys’ fees and costs, for enforcing this section. Buyer agrees to take all necessary steps to ensure that all employees and subcontractors who would be exposed to the Confidential Information are aware of this section and fully comply with the restrictions set forth herein.
11. INDEMNIFICATION:
Seller shall indemnify and hold harmless the Buyer, its officers, directors, employees, and agents from and against any claim (including costs, litigation expenses, attorney’s fees, and other expenses) for personal injury to or death of any person or damage to property by whomsoever owned, to the extent caused by the negligent acts or omissions of the Seller, its agents or employees arising out of the sale, installation, use or provision of Products or Services hereunder. Buyer shall indemnify and hold harmless the Seller, its officers, directors, employees, and agents from and against any claim (including costs, litigation expenses, attorney’s fees, and other expenses) for personal injury to or death of any person or damage to property by whomsoever owned, to the extent caused by the negligent acts or omissions of the Buyer, its agents, or employees arising out of the sale, installation, use or provision of Products or Services hereunder. Insurance recoveries or policies, warranties, or other obligations of Buyer under this Agreement shall not in any way limit this indemnity.
12. LIMITATION OF LIABILITY:
Buyer acknowledges that the price is predicated on the enforceability of the following limitation of liability, that the price would be substantially higher if Seller could not limit its liability as herein provided, and Buyer accepts this limitation of liability in exchange for such lower price.
SELLER SHALL HAVE NO LIABILITY TO BUYER WITH RESPECT TO THE SALE OF PRODUCTS OR PROVISION OF SERVICES HEREUNDER FOR LOST PROFITS OR FOR SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY KIND WHETHER ARISING IN CONTRACT, TORT, PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOST PROFITS OR DAMAGES. IN NO EVENT SHALL THE SELLER BE LIABLE TO THE BUYER FOR ANY DAMAGES WHATSOEVER IN EXCESS OF THE PRICE OF PRODUCTS SOLD AND SERVICES PROVIDED HEREUNDER. SHOULD THE WARRANTY PROVISION OF THIS CONTRACT BE DETERMINED TO FAIL IN ITS ESSENTIAL PURPOSE FOR ANY REASON, THE PARTIES AGREE THAT ALL LIMITATIONS OF LIABILITY FOR INCIDENTAL AND CONSEQUENTIAL DAMAGES WILL REMAIN IN EFFECT.
13. GOVERNING LAW:
This transaction shall be deemed to have been made and entered into and shall be construed and enforced in accordance with the laws of the State of Wyoming, USA. All terms of domestic trade, which are defined in the Uniform Commercial Code, as adopted in the State of Wyoming shall have the same meaning herein as in such Code. All terms of international trade are governed by INCOTERMS 2020. At the seller’s option, any disputes concerning the rights or obligations of the parties hereto shall be resolved by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (or in the event of a sale of a Customer located outside of the United States, in accordance with the International Chamber of Commerce Rules of conciliation and arbitration) with any proceedings to be held in Gillette Wyoming, USA. The award shall be final, and the parties expressly concede jurisdiction to any tribunal competent to enforce such awards. The failure of Seller to insist upon strict performance of any of the terms and conditions stated herein shall not be considered a continuing waiver of any such terms or conditions or any of Seller’s rights hereunder.
14. WAIVER:
Unless otherwise stated in this Agreement, Seller and Buyer acknowledge and agree that the failure of either party to enforce any term of the Agreement shall not constitute a waiver of any rights or deprive either party of the right to insist thereafter upon strict adherence to that or any other term of the Agreement, nor shall a waiver of any breach of the Agreement constitute a waiver of any preceding or succeeding breach. No waiver of any provision of the Agreement, unless expressively stated otherwise in the Agreement, shall be valid and binding unless it is in writing and signed by the party against whom it is sought to be enforced.
15. SEVERABILITY:
The Agreement shall be enforceable to the fullest extent allowed by law. If any provision of the Agreement shall be found to be null, unlawful, void, or inoperative for any reason, such provision shall be struck from the Agreement and otherwise the Agreement shall continue in full force and effect.
16. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement, expressed or implied, is intended to or shall confer any rights, remedies, or benefits upon any person, including without limitation, any affiliate, employees, representatives, contractors, or agents of Buyer, other than the parties hereto and their respective successors or permitted assigns.
17. SURVIVAL:
Notwithstanding the expiration, termination, or completion of the Agreement, any duty or obligation which has been incurred and which has not been fully observed, performed, or discharged, and any right, unconditional or conditional, which has been created and has not been fully enjoyed, enforced, or satisfied (including but not limited to the duties, obligations, and rights, with respect to payment, confidentiality, insurance, warranty, and indemnification) shall survive such expiration, termination, or completion until such duty or obligation has been fully observed, performed, or discharged and such right has been enforced, enjoyed, or satisfied.
General Purchase Order Terms & Conditions
1. PRIORITY; ENTIRE AGREEMENT.
Seller agrees to provide to Buyer (hereinafter referred to as “BUYER”) the services (“Services”) and/or goods (“Goods”), described in any purchase order, in accordance with these General Purchase Order Terms and Conditions, hereafter referred to as the “Order”. Upon acceptance of a purchase order, shipment of Goods, or commencement of a Service, Seller shall be bound by the provisions of the Order, including all provisions set forth on the face of any applicable purchase order whether Seller acknowledges or otherwise signs the Order or the purchase order unless Seller objects to such terms in writing prior to shipping Goods or commencing Services. This writing does not constitute a firm offer and may be revoked at any time prior to acceptance. The Order may not be added to, modified, superseded, or otherwise altered, unless expressively agreed to in writing and duly executed by an authorized officer (or his/her authorized designee) of BUYER. Any terms or conditions contained in any acknowledgment, invoice, or other communication of Seller, which are inconsistent with the terms and conditions herein, are hereby rejected. To the extent that this Order might be treated as an acceptance of Seller’s prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereof and shipment of the Goods or beginning performance of any Services by Seller shall constitute such assent. BUYER hereby reserves the right to reschedule any delivery or cancel any purchase order issued at any time prior to shipment of the Goods or prior to commencement of any Services. BUYER shall not be subject to any charges or other fees because of such cancellation. The Order constitutes the entire agreement and understanding between BUYER and Seller and supersedes all prior agreements and understandings, whether written or oral, regarding the subject matter of the Order.
2. GOVERNING LAW.
The purchase order shall be interpreted and enforced in accordance with the laws of the state in which BUYER maintains its principal place of business (Governing State) regardless of any principles of conflicts of laws of any jurisdiction. In addition to the rights provided herein, regardless of whether Goods are being sold, leased, or licensed, or whether services are being performed. Seller and BUYER agree that both parties have all the rights, duties, and remedies available under the Uniform Commercial Code as adopted in the Governing State. Any disputes arising under, or in connection with the purchase order will be subject to the exclusive jurisdiction of the courts located in the Governing State.
3. DELIVERY, PACKING, SHIPPING.
Time is of the essence. Delivery of Goods and Services shall be made pursuant to the schedule, via the carrier, and to the place specified on the face of the applicable purchase order. Seller shall furnish sufficient labor and management forces, plant, and equipment and shall work such hours (including night shift, overtime, and holiday work, without additional cost to BUYER) as may be required to assure timely delivery and performance. Unless otherwise expressively stated in the Order, the delivery point for all deliveries under the Order shall be F.O.B. Destination or Trade Term Ex Works, with the purchase price being inclusive of all international and domestic freight, duties, insurance, and other costs, fees, and expenses associated with delivering the ordered Goods from their point(s) of origin to the shipping destination.
All delivered Goods shall be packed and packaged in accordance with instructions or specifications in the purchase order or referred to in drawings or specifications for the Goods or Services hereunder. In the absence of any such instructions or specifications on packing and packaging, Seller shall comply with the best commercial practices for shipments, complying with carrier regulations. BUYER’s purchase order number must appear on all shipping containers, packing sheets, delivery tickets, and bills of lading. A packing list showing purchase order numbers and an itemized description of contents must be included in each package. All shipments against this Order that are to be forwarded on one day, via the same mode to one delivery address on one bill of lading or air bill shall be consolidated.
Seller shall deliver all drawings, technical data, instruction manuals, and parts lists that are necessary to install, use, maintain, consume, or dispose of the Goods or Services furnished in the Order.
BUYER reserves the right to return, shipping charges collect, and all Goods received in advance of the delivery schedule unless prior permission has been granted by BUYER for advance delivery. If no delivery schedule is specified, the order shall be filled promptly, and delivery will be made by the most expeditious form of land transportation. If no method of shipment is specified in the Order, Seller shall use the least expensive carrier.
4. PRICE.
The Goods shipped, or work performed against the Order shall not be invoiced at a higher price than shown without the express written consent of BUYER. No charges will be allowed for packing, crating, freight, freight surcharges, shipping, shipping insurance, taxes, expedited delivery, or cartage, except as expressively provided in the Order. If price is omitted in the Order, the parties agree that the purchase price shall be the lowest prevailing market price charged by Seller.
5. TAXES.
Except as otherwise expressly provided in the Order, Seller shall be solely responsible for the timely payment of all local, state, and federal taxes and assessments applicable to the Goods and Services included in the Order or any amounts paid by Buyer to Seller pursuant to the Order. Any taxes paid or reimbursed by Buyer to Seller under the Order shall be timely paid by Seller to the applicable taxing authorities.
6. IDENTIFICATION, RISK OF LOSS, & DESTRUCTION OF GOODS.
Seller assumes all risk of loss until receipt by BUYER. Title to Goods shall pass to BUYER upon receipt of the Goods at the designated destination. If the Goods ordered are destroyed prior to title passing to BUYER, BUYER may at its option cancel the Order or require delivery of substitute Goods of equal quantity and quality. Such delivery will be made as soon as commercially practical. If the loss of Goods is partial, BUYER shall have the right to require delivery of the Goods not destroyed.
7. PAYMENT.
Unless different payment terms appear in the purchase order, the following payment terms shall apply: (1) BUYER shall have no obligation to pay for any Goods or Services until BUYER receives a written, itemized invoice from Seller in a form acceptable to BUYER, but that shall include at a minimum (a) the Purchase Order number(s). (b) Seller’s legal name and mailing address. (c) the total invoiced amount, and (d) such detail as is reasonably necessary to permit BUYER to evaluate the Goods received and the Services performed, including but not limited to, the number of hours worked and the applicable hourly rate(s), if requested by BUYER. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts, and government-imposed surcharges shall be stated separately on Seller’s invoice. Seller shall provide BUYER with supporting documentation in a form acceptable to BUYER for all invoiced Goods and Services. BUYER shall pay all verified invoices within thirty (30) calendar days of receipt, or as negotiated, and if Seller fails to object to any payment by BUYER within fifteen (15) calendar days after payment is sent, Seller shall be deemed to have waived any objection to such payment or the inadequacy thereof. Payment is made when BUYER’s check is mailed.
8. WARRANTIES.
By furnishing Goods and Services under the Order, Seller warrants that the Goods and Services furnished will be free from defects in materials and workmanship and safe to use, consume or dispose of, be merchantable and in full conformity with BUYER’s specifications, drawings, and data, and Seller’s descriptions, promises, or samples will be fit for the ordinary purposes for which such Goods and Services are used; will be adequately contained, packaged, and labeled; will conform to the terms of the Order, and will be fit for the BUYER’s intended use provided the Seller has reason to know of such use; and that Seller will convey good title to the Goods, free and clear of all liens, claims, and encumbrances. These warranties shall survive acceptance of the Goods and Services and are in addition to any warranties of additional scope given to BUYER by Seller. No implied warranties by Seller are excluded or disclaimed.
9. INSPECTION.
All Goods furnished under the Order will be subject to BUYER’s final inspection and approval at BUYER’s premises within a reasonable time after delivery, irrespective of payment date. BUYER may reject Goods not in accordance with the Order terms or Seller’s warranties (expressed or implied). BUYER may return rejected Goods to Seller at Seller’s expense and Buyer shall have no further obligation for such Goods. Payment for, physical possession by BUYER of, or acknowledgment of receipt of, any Goods shall not be deemed accepted, and in no event shall BUYER incur any liability for payment for rejected Goods. BUYER shall have a reasonable time (not less than thirty (30) calendar days to submit claims of weight, quantity, loss, or damage to delivered Goods. BUYER will calculate damages on claims and may deduct the amount from Seller’s invoice. If the invoice was previously paid, Seller will promptly reimburse the amount of damages to Buyer. Seller shall assume responsibility for and will pay any and all loss, cost, damage, or expense, including attorney’s fees and cost of replacement incurred by BUYER, attributed to BUYER’s rejection of Goods due to any non-conformity of the Goods, packaging, delivery, or any other defect. BUYER reserves the right to have a representative (either BUYER’s personnel or contracted personnel) in Seller’s facilities to inspect any material covered by the purchase order at any reasonable time from the start of manufacturing until the final shipment of conforming Goods.
10. INDEPENDENT CONTRACTOR.
The personnel of Seller used to perform any work under this Order shall at all times be and remain employees or subcontractors of Seller, and the relationship of Seller to BUYER shall at all times be that of an independent contractor. Nothing contained in the Order or in any other document that may be executed in connection with the Order shall be deemed or construed to create an employer-employee, master-servant, or agent-principal relationship or partnership or joint venture relationship between BUYER and Seller or between BUYER and any personnel of Seller. Compliance by Seller and any subcontractors with project procedures, specifications, or drawings issued by BUYER shall not affect Seller’s status as an independent contractor and shall not relieve Seller of Seller’s obligations under the Order. Seller may not represent itself to be an agent, employee, affiliate, or legal representative of BUYER for any purpose whatsoever, and Seller does not have any right, power, privilege, or authority to assume or create any obligation, agreement, or contract, express or implied, for or on behalf of BUYER, or to otherwise bind BUYER in any manner whatsoever.
11. INSURANCE.
Seller shall be covered by policies of insurance in forms and amounts as will protect Indemnified Parties from any loss which may result, in any way, from any act or omission of Seller, its agents, employees, or subcontractors, and form any claims under applicable worker’ compensation laws or regulations and as otherwise satisfactory to BUYER. Seller shall provide certificates of insurance and endorsements to BUYER evidencing that all insurance coverage required by BUYER is in full force and effect. All insurance obligations of Seller are in addition to Seller’s obligations of indemnity and shall not be construed as limiting Seller’s indemnity obligations to the amount of the insurance coverage.
12. WORK ON THE BUYER’S PREMISES.
If Seller’s work under this Order involves operations by Seller on Buyer’s premises, Seller shall perform all work in such a manner so as to cause minimal interruption in BUYER’s business operation, and Seller shall take all necessary steps and precautions throughout the performance of the work to assure a safe workplace and safe working conditions for its employees and subcontractors, as well as BUYER’s employees, customers, and other subcontractors, and to otherwise protect all persons and property from damage or injury. Seller shall always leave BUYER’s premises and Seller’s worksites free from accumulation of waste materials and rubbish due to the performance of any work. Seller acknowledges, understands, and agrees that BUYER’s property and facilities may include active industrial sites and that inherent risks and dangers are involved within its presence at such property and facilities, and Seller hereby assumes all risks of injury to the person and property of the Seller, its employees, subcontractors, agents, and representatives that may be sustained while present at BUYER’s property and facilities. Further, and to the extent applicable at the sole discretion of BUYER, prior to entering BUYER’s property and facilities, for the performance of the purchase order or otherwise, all employees, subcontractors, and other persons associated with Seller, shall receive training regarding any hazards that may be encountered upon the BUYER’s property and facilities and may be required to execute a waiver of liability in the form provided by BUYER.
13. INDEMNITY.
SELLER SHALL TO THE FULLEST EXTENT PERMITTED BY LAW INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL LOSSES CAUSED BY OR RESULTING FROM (A) THE INTENTIONAL, RECKLESS, OR NEGLIGENT ACTION OF SELLER (OR ITS AFFILIATES, EMPLOYEES, AGENTS, SUBCONTRACTORS, OR REPRESENTATIVES), (B) THE NONCOMPLIANCE BY SELLER (OR ITS AFFILIATES, EMPLOYEES, AGENTS SUBCONTRACTORS, OR REPRESENTATIVES) WITH ANY APPLICABLE FEDERAL, STATE, OR LOCAL LAW, REGULATION, ORDINANCE, OR RULE, (C) ANY DEFECT, WHETHER LATENT OR PATENT, IN THE GOODS OR SERVICES FURNISHED UNDER THE ORDER, (D) ANY CLAIM FOR FAILURE TO WARN OF A DANGEROUS CONDITION ASSOCIATED WITH THE GOODS OR SERVICES FURNISHED UNDER THE ORDER, (E) SELLER’S BREACH OF ITS OBLIGATIONS UNDER THE TERMS OF THE ORDER, OR (F) ANY ACT OR OMISSION OF SELLER (OR ITS AFFILIATES, EMPLOYEES, AGENTS, SUBCONTRACTORS, OR REPRESENTATIVES IN PERFORMING THE ORDER.
Insurance recoveries or policies, warranties, or other obligations of Seller under the Order shall not in any way limit this indemnity. All claims for monies due or to become due from BUYER shall be subject to deduction by BUYER for any setoff or counterclaim arising out of this Order or any other transaction with Seller or Seller’s affiliates, whether such setoff or counterclaim arose before or after any permitted assignment by Seller or Seller’s affiliates.
14. LIMITED LIABILITY.
BUYER shall not be liable to Seller for any special, incidental, punitive, exemplary, consequential damages, or lost profits arising out of or related, in whole or in part, to the Goods and Services furnished under the Order. This exclusion shall apply regardless of whether the liability arises in tort or contract, at law or equity.
15. WAIVER.
Unless otherwise stated in the purchase order, the parties recognize, acknowledge, and agree that failure by either party to enforce any term of the Order shall not constitute a waiver of any rights or deprive either party of the right to insist thereafter upon strict adherence to that or any other term of the Order, nor shall a waiver of any breach of the purchase order constitute a waiver of any preceding breach. No waiver of any of the provisions of the Order, unless expressly stated otherwise in the Order, shall be valid and binding unless it is in writing and signed by the party against whom it is sought to be enforced.
16. CONFIDENTIALITY AND NON-DISCLOSURE.
Seller acknowledges and agrees that while performing work described in the Order and otherwise, Seller may become exposed to proprietary, confidential, sensitive, non-public, or trade secret information concerning the business and operations of BUYER (Confidential Information). Seller shall hold Confidential Information in strict confidence and shall not directly or indirectly disclose Confidential Information during the term of the Order or thereafter to any third party or make use of Confidential Information except as required in the performance of the work described in the Order or as required by order of any court or body or agency of competent jurisdiction, provided, however, that Seller shall give BUYER prior written notice of any such disclosure and shall cooperate with BUYER if BUYER seeks a protective order or similar protection as BUYER may deem appropriate to preserve the confidential nature of such information. Seller agrees that any breach of this Section will cause BUYER substantial and irrevocable damage, and therefore, in the event of any such breach, in addition to any other remedies which may be available, BUYER shall have the right to specific performance and injunctive relief, as well as attorney’s fees and costs for enforcing this Section. Seller agrees to take all necessary steps to ensure that all its employees and subcontractors who are engaged in the performance of the work described in the Order are aware of this Section and fully comply with the restrictions set forth herein. The restrictions contained in this Section are necessary for the protection of the business and the goodwill of BUYER and are considered by Seller to be reasonable for such purposes.
17. INTELLECTUAL PROPERTY RIGHTS.
Seller grants BUYER and successors a nonexclusive, royalty-free, fully paid irrevocable, perpetual, and transferable license under patents, copyrights, trademarks, and other intellectual property rights now or hereafter owned by or licensed to Seller to use, modify, alter, enhance, change supplement, repair, replace, upgrade, transfer, sell, or otherwise enjoy the specific Goods purchased herein, including without limitation, all related parts, components, equipment, materials, software, hardware and systems. In so doing, Seller represents and warrants that it is lawfully authorized to license or sublicense such rights to BUYER. SELLER SHALL TO THE FULLEST EXTENT PERMITTED BY LAW INDEMNIFY, DEFEND, SAVE, AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST ANY AND ALL LOSSES FOR ALLEGED INFRINGEMENT OF ANY PATENT, COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY DATA OR INTELLECTUAL PROPERTY RIGHTS RELATING TO THE GOODS FURNISHED UNDER THE PURCHASE ORDER OR ANY PART, PROCESS OR COMPONENT THEREOF. BUYER shall notify Seller in writing of any such loss and shall cooperate fully in the defense of any such law. If the goods furnished under the Order, or any part, process, or component thereof are held to infringe, and their use is enjoined, Seller, at its expense, will promptly procure for BUYER the right to continue using the Goods, part, process, or component, replace them with a substantially equivalent non-infringing product, or modify them so they become non-infringing with substantially equivalent performance. BUYER reserves all its rights and BUYER may return infringing goods to Seller at Seller’s expense, and Seller shall promptly refund the purchase price to BUYER.
With respect to any drawings, designs, plans, sketches, diagrams, technical materials, data, parts lists, and similar documents or electronic materials provided to BUYER as that were created or developed by Seller in connection with Goods under the Order that were custom or specially manufactured or assembled for BUYER, and without additional consideration to Seller, Seller grants BUYER the right to use, copy, alter, modify, enhance, change, or supplement any such materials directly or indirectly through the use of a third party, and the right to disseminate any such materials in their original or altered form to third parties for purposes of modifying, altering, changing, enhancing, repairing, maintaining, or supplementing the applicable custom or specially manufactured or assembled goods furnished by Seller under the Order.
18. PROPERTY FURNISHED TO SELLER.
All special dies, molds, patterns, jigs, fixtures, documents, plans, drawings, specifications, computer programs, records, files, Confidential Information, and any other property that BUYER furnishes to Seller or specifically pays for, for use in the performance of the Order or otherwise, shall be and remain the sole and exclusive property of BUYER, shall be subject to immediate removal, destruction, or return upon BUYER’s instruction, shall be for BUYER’s exclusive use, shall be held at Seller’s risk, and shall be kept insured at Seller’s expense while in custody or control in an amount equal to replacement cost, with BUYER named as an additional insured and as a loss payee under insurance policies written by insurance companies acceptable to BUYER in BUYER’s sole judgment. Seller will furnish copies of policies or certificates of insurance at BUYER’s request.
19. ENVIRONMENTAL COMPLIANCE.
Seller warrants that the products sold or furnished under the Order have been and will be produced and furnished in full and complete compliance with all present and future applicable environmental laws and regulations, including but not limited to requirements, if applicable, that chemical substances furnished under the Order be reported for the EPA Toxic Substances Control Act inventory. Seller shall furnish to BUYER specific instructions for the use and disposal of products furnished under the Order in compliance with all such environmental laws and regulations, and upon BUYER’s request, all certificates, and forms as necessary in BUYER’s judgment to certify compliance with all such environmental laws and regulations. Prior to the use or delivery of any chemical or hazardous product on BUYER’s property, Seller shall submit a current Material Safety Data Sheet (MSDS) for each product. If Seller uses any products on Buyer’s property under a purchase order to Seller to perform services, Seller shall use the products only as intended by the manufacturer, will remove all products from BUYER’s property following use of products, shall not dispose of any products on BUYER’s property, including empty containers of product, and shall clean up and properly dispose of any waste generated from spills, leaks, and other occurrences.
20. TERMINATION.
BUYER may terminate the Order for any reason, in whole or in part, at any time upon written notice to Seller. Upon receipt of such termination notice, Seller shall promptly comply with the directions contained in such notice and shall as required take actions necessary to terminate the work as provided in the notice, minimizing costs and liabilities for the terminated work. Seller shall protect, preserve, and deliver in accordance with BUYER’s instructions any property related to the Order in Seller’s possession and continue the performance of any work not terminated by BUYER.
BUYER may also, by written notice to Seller, terminate the whole or part of the Order for default if Seller fails to perform its obligations under the Order or if at any time BUYER has reasonable grounds to believe that Seller will not be able to perform as required by the Order. If Buyer terminated all or part of the Order for default, BUYER may procure, upon terms and in a manner it deems appropriate, Goods and Services similar to those terminated. In addition, BUYER may require Seller to deliver any completed or uncompleted Goods related to the Order by agreeing to pay Seller as specified below.
On termination by BUYER, Seller at the time of termination may have in stock or on firm order, completed or uncompleted items or raw, semi-processed, or completed materials for use in fulfilling the Order. For completed items or materials, BUYER shall either require delivery of all or part of the completed Goods and make payment at the purchase order price or, without taking delivery, pay the Seller the difference, if any, between the purchase order price and the market price (if lower) at termination. For uncompleted items or raw or semi-processed materials, BUYER shall either require Seller to deliver all or part of such Goods at the portion of the purchase order price representing the stage of completion or pay Seller the amount of the purchase order price representing the stage of completion reduced by the higher of the market or scrap value of the Goods at that stage of completion. Goods which Seller has a firm order, BUYER may, at its option, either take an assignment of Seller’s rights under the Order or pay the cost, if any, of settling or discharging Seller’s obligations under the Order. If BUYER terminates for default, Seller shall be liable for additional costs, if any, for the purchase of such similar Goods and Services to cover such default. Payment to Seller hereunder shall be the sole and exclusive remedy available to Seller in the event of a termination by BUYER. BUYER’s rights and remedies under this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under the purchase order.
21. EXCUSABLE DELAY.
Fires, floods, strikes, lockouts, epidemics, accidents, or other causes beyond the reasonable control of Seller which prevents Seller from delivering or Buyer from receiving any of the goods and services covered by the Order, shall suspend deliveries until the cause is removed, provided Seller promptly informs BUYER of the cause of the excusable delay and the estimated time of the delay, in writing, and subject to BUYER’s right of termination under the Order. If BUYER does not elect to terminate, the goods or services will be promptly delivered when the cause is removed. If the cause for delay is a failure of a part of Seller’s production facilities or a source of supply for Seller, Seller must apportion available production or supplies to provide goods and services required hereunder to BUYER on an equitable basis, and Seller must use good faith efforts to obtain an alternative source of supply.
22. SEVERABILITY.
The Order shall be enforceable to the fullest extent allowed by law. If any provision of this Order shall be deemed to be invalid, unlawful, illegal, void, or inoperative, for any reason, such provision shall be struck from the Order and otherwise the Order shall continue in full force and effect.
23. ASSIGNMENT.
BUYER may assign, transfer, or subcontract the purchase order or any right or obligation set forth in the purchase order without the consent of Seller.
Seller shall not assign, transfer, or subcontract the Order or any right or obligation set forth in the Order without the prior written consent of BUYER, which may be withheld for any reason. Any unauthorized assignment, transfer, or subcontract shall be void and ineffective. Seller further agrees that all Goods and Services furnished under the Order by any subcontractor shall be furnished pursuant to and in compliance with all terms of the Order. Seller shall take all actions necessary to assure that any such subcontractor complies with the terms of the Order and that Seller shall be responsible to BUYER for said compliance of all Goods and Services furnished by subcontractors as if said compliance of Goods and Services had been furnished by Seller. Unless legally required to do so, BUYER shall not be obligated to accept the performance of the Order from any other party, including the Seller as a debtor in any case under Title 11 of the United States Code.
24. COMPLIANCE WITH LAWS.
Seller shall comply fully with all applicable federal, state, and local laws in the performance of this Order including, but not limited to, all applicable employment, tax, export control, and environmental laws including but not limited to the Fair Labor Standards Act of 1938, as amended, the Occupational Safety and Health Act of 1970, as amended, The Federal Regulations relating to Minority Business Enterprises, the Federal Acquisitions Regulations, the Anti-Kickback Act of 1986, and any law, rule or regulation pertaining to equal employment opportunity, wage payment, employer discrimination, pension benefits, health benefits, disability benefits, retirement benefits, unemployment compensation, workers compensation, health and safety, the environment, labor relations, and the use possession, sale and distribution of alcohol and drugs. BUYER reserves all rights and abilities that are necessary to its satisfactory compliance with any duties, requirements, obligations, or responsibilities that may exist under applicable law, and Seller agrees to fully cooperate with BUYER in this regard and to provide any supporting documentation that BUYER deems necessary; provided, however, that nothing stated in this Section or the Order shall impose a duty upon BUYER to monitor or insure Seller’s compliance with applicable law, which shall remain the responsibility of Seller itself. If delivery is to be made within the United States from another country, Seller is responsible for complying with all import and export laws and regulations, obtaining all required governmental approvals and licenses, and the payment of all customs and duties in connection with the performance of the Order.
25. NO THIRD-PARTY BENEFICIARIES.
Except with respect to the rights of any affiliated entity of BUYER to enforce the restrictions contained in the Order that are specifically applicable to BUYER’s affiliates and the rights of the Indemnified Parties, nothing in the Order, express or implied, is intended to or shall confer any rights, remedies, or benefits upon any person, including, without limitation, any affiliates, employees, representatives, contractors, or agents of Seller, other than the parties hereto and their
respective successors or permitted assigns.
26. HEADINGS.
The descriptive headings contained in the Order are included for the convenience of reference only and shall not affect in any way the meaning or interpretation of the Order.
27. CHANGES.
BUYER reserves the right at any time to change, by written notice, specifications, drawings, and/or data incorporated in the Order where the items to be furnished are to be specially manufactured for BUYER, including the quantity, methods of shipment or packaging, place of delivery, time of delivery, and any other matters affecting the Order. If any change by BUYER causes an increase or decrease in the cost of, or the delivery schedule for, the Order, the Seller shall make an equitable adjustment in the contract price or delivery schedule, or both. Any claims by Seller for adjustment under this clause shall be deemed waived unless asserted in writing within ten (10) days from Seller’s receipt of change. No additions to or modifications of price, delivery method or schedule, quantity, quality, specification, or any other term of the Order will be effective unless agreed to in writing by BUYER.
28. SURVIVAL.
Notwithstanding the expiration, termination, or completion of the Order, any duty or obligation which has been incurred and which has not been fully observed, performed, or discharged, and any right, unconditional or conditional, which has been created and has not been fully enjoyed, enforced, or satisfied, including but not limited to the duties, obligations, and rights with respect to payment, confidentiality, insurance, warranty, intellectual property, environmental and other regulatory compliance, and indemnification, shall survive such expiration, termination, or completion until such duty or obligation has been fully observed, performed, or discharged and such right has been enforced, enjoyed or satisfied.
29. NOTICES.
Except for purchase orders which may be sent by local mail, facsimile transmission, or electronically transmitted, all notices required under the Order shall be in writing and be deemed given when delivered by hand or upon confirmed receipt of a facsimile transmission: two (2) days after being deposited with an overnight courier; at the time received by the addressee if communicated through e-mail; or five (5) days after mailing, postage prepaid by registered or certified mail, written receipt requested.
Parts Return Policy
L&H Industrial, Inc., (L&H) is pleased to offer its customers the opportunity to return parts, subject to certain limitations, per the L&H Parts Return Policy. Parts may not be returned without prior written approval from L&H. Parts must be “unused”, in new condition, free from rust and other surface flaws and blemishes, and with all original surface coatings and protections intact. When possible, it is requested that the Parts be returned in the original shipping packaging or crates. Parts return requests will not necessarily be denied if returned without the original packaging, or if minor surface blemishes are present, but additional handling fees may be imposed. All freight and any other shipping and handling fees required to return the Part to L&H’s designated return point shall be the sole responsibility of the customer. Parts returns will generally be accepted up to one year (12 months) from the date of shipment from L&H’s facilities. Parts return requests that are received later than one year following shipment will not necessarily be denied but may be subject to a further reduction in the credit that would otherwise be granted by this Parts Return Policy. Credit cannot be issued for any Parts until inspected and accepted by L&H. The sole manner of compensation for an approved Parts return request shall be a credit memo issued to the customer’s account.
Credit issued for approved Parts return requests will be per the following schedule:
Credit for Parts returned that L&H carries in its current inventory will be granted at the original purchase price less 20%. Current inventory will be defined as current at the time of the Parts return request.
Credit for Parts returned that are non-inventory for L&H but that are otherwise regarded as marketable to L&H’s current customer base will be granted at the original purchase price less 30%.
Credit cannot be issued, and Parts return requests will be denied for any Part(s) that are “Custom Made” or are otherwise unique and unmarketable to other L&H customers.
L&H sincerely appreciates its customers and thanks you for the opportunity to serve you. Please contact your L&H representative with any questions or concerns regarding this Parts Return Policy.
General Limited Warranty Provisions
L&H Industrial, Inc. (“L&H”) is pleased to offer a limited warranty of its products and services for a period of six (6) months beginning with the date of shipment from L&H’s facilities or the date of completion of such repairs or services unless other arrangements have been made in writing. During the warranty period, L&H warrants that its products and services will be free of defects in workmanship and material. The customer must notify L&H of any warranty claim in writing within the six (6) month period, provide proof that the products or services were purchased from L&H, the date of shipment, and an explanation of the warranty claim. All accepted warranty claims for rebuilds or repairs will be processed at the customer’s site or returned to L&H’s manufacturing facilities as determined by L&H. For parts and goods that L&H agrees may not be reasonably returned due to size or complexity, the same shall be cleaned and presented to an authorized L&H representative for a complete inspection. All costs of shipping to and from the repair site will be the customer’s responsibility. If the rebuild or repair is not deemed economical by L&H, L&H reserves the right to refund to the customer the price of the original rebuilt or repaired part as full satisfaction of this warranty. The obligations of L&H under this limited warranty shall not include any transportation charges, costs of disassembling or installation, equipment downtime, or any liability for direct, indirect, or consequential damages or delays. The conditions of this limited warranty cannot be altered except in writing signed by an officer of L&H.
Any improper use, operation beyond capacity, the substitution of parts not approved by L&H, or any alteration or repair by others in such a manner as in L&H’s judgment affects the product materially and adversely will void this warranty. This warranty does not extend to design or material defects contained in original equipment manufactured by others utilizing parts manufactured by L&H. This warranty also does not extend to wear parts or other parts subject to lubrication system failures or damage resulting from improper maintenance and/or installation. All lubricants used shall meet or exceed the original manufacturer’s requirements. Failure to do so will void all warranties. If at any time L&H determines that the product or service failed as a result of a cause other than material or workmanship defect, the customer will be required to pay for all parts and expenses incurred as a result of such failure.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Remedies
The remedies set forth in this limited warranty are exclusive and the liability of L&H with respect to any product or service or anything done in connection with the same shall not, except as expressly provided in this instrument, exceed the price of the part or service on which such liability is based.
Thank You
L&H thanks you for the opportunity to serve you. We will strive to deliver high-quality parts and service when you need them at a reasonable price. Please contact your L&H representative for any questions or claims regarding this limited warranty.
Limited Warranty for Specific Mining Equipment
L&H Industrial, Inc. (“L&H”) offers the following limited warranties against defects in materials or workmanship to the original purchaser for specific mining products.
GENERAL CONDITIONS
1. Reference is made to the general limited warranty provisions provided by L&H which terms and provisions, except as modified hereby, are applicable to these warranties.
2. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING A WARRANTY OF MARKETABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3. L&H provides this general limited warranty against defects in materials and workmanship for specific mining products for a specific number of Operated Hours or the lapse of a specific period of time, whichever is the first to occur. For purposes of this warranty, Operated Hours shall mean those hours in which a machine is fully energized or powered and engaged in performing any function, including without limitation, running, digging, drilling, conveying, or propelling. A full limited warranty for a specific period of time shall mean L&H will repair or replace the part or return of the original billed invoice amount if the defect occurs within the initial fully warranted time period. A prorated warranty against defects in materials and workmanship shall mean that if the defect occurs during the prorated time period, the warranty obligation of L&H will be prorated or reduced based upon the number of Operated Hours that have elapsed since the beginning of the warranty period.
UNDERCARRIAGE COMPONENTS
4. For shovel and drill undercarriage components (i.e. upper and lower rollers, front and rear idlers, final drive shafts, and roller pins) manufactured by L&H to its specifications, L&H provides a full limited warranty to the original purchaser against defects in materials and workmanship for the first five thousand (5,000) Operated Hours or a prorated limited warranty for the first ten thousand (10,000) Operated Hours, whichever shall be the greater (produce the most benefit to the original purchaser) provided that these warranties shall expire eighteen (18) months from the date of shipment from L&H’s facilities. Drive tumblers and final drive sprockets are warranted to the original purchaser against defects in materials and workmanship for the first five thousand (5,000) Operated Hours, provided that this warranty will expire eighteen (18) months from the date of shipment from L&H’s facilities. This warranty is void unless used with a complimentary set (provided by L&H) of properly pitched crawler shoes or track links. No warranties of any type are given for bronze bushings or other parts that are subject to lubrication system failure.
CRAWLER SHOES AND TRACK LINKS
5. For shovel and drill crawler shoes and track links, L&H provides a full limited warranty to the original purchaser against defects in materials and workmanship for the first six thousand (6,000) Operated Hours or a prorated limited warranty for the first twelve thousand (12,000) Operated Hours, whichever shall be the greater (produce the most benefit to the original purchaser) provided that these warranties shall expire at the end of twenty-four (24) months from the date of shipment from L&H’s facilities. Shoe damage due to dipper impacts, failure to trim roller path metal flow, or failure to replace bent, broken, or heavily worn pins are excluded from all warranties. No warranties of any kind shall be given for shoes or track links run against improperly pitched sprockets.
DRIVE SYSTEM COMPONENTS
6. For gears and power shafting used in both dragline and shovel hoists, drag, swing, crowd, and propel transmissions manufactured by L&H to its specifications, L&H provides a full limited warranty to the original purchaser against defects in materials and workmanship for the first five thousand (5,000) Operated Hours or a prorated limited warranty for the first ten thousand (10,000) Operated Hours, whichever shall be the greater (produce the most benefit to the original purchaser) provided that these warranties shall expire eighteen (18) months from the date of shipment from L&H’s facilities. This warranty will be void unless all gearing is installed in complimentary sets (both gear and pinion must be L&H components) that are run together in proper alignment. Damage due to lubrication system or bearing failure is excluded from all warranties. All lubricants used shall meet or exceed the original manufacturer’s requirements. Failure to do so will void all warranties.
PURCHASED PARTS FROM OTHER MANUFACTURERS
7. L&H makes no warranties for parts manufactured by third parties. Such items may be subject to warranty provisions of their original manufacturers. If warranties for these parts must be secured through L&H, customers are responsible to supply such evidence or documentation as required by the original manufacturer.
Thank You
L&H thanks you for the opportunity to serve you. We will strive to deliver high-quality parts and services when you need them at a reasonable price. Please contact your L&H representative for any questions or claims regarding these limited warranties.
Conflict Minerals Policy
There has been increased awareness of violence and human rights violations in the mining of certain minerals from a location described as the “Conflict Region”, which is situated in the eastern portion of the Democratic Republic of the Congo (DRC) and surrounding countries. Companies around the globe have been requested to practice reasonable due diligence with their supply chain to assure that specified metals are not being sourced from mines in the Conflict Region, which is controlled by non-government military groups, or unlawful military factions.
L&H Industrial is committed to maintaining high standards of business responsibility and supports this initiative and has obtained, or is in the process of obtaining, information from our current suppliers concerning the origin of the metals that are used in the manufacture of L&H products. Based upon information provided by our suppliers, L&H does not knowingly use metals derived from the Conflict Region in our products.
Suppliers of metals used in the manufacture of L&H products (specifically gold, tantalum, tin, and tungsten) must demonstrate that they understand the conflict minerals laws and will not knowingly procure specified metals that originate from the Conflict Region.
As a leading global company in the development and offering of various and many services to satisfy a myriad of manufacturing requirements, L&H is committed to ensuring the safety, health, and protection of people and the environment worldwide. We promote these principles in our business practices and policy.
Vendor Code of Conduct
This Vendor Code of Conduct applies to all vendors who provide services and goods to L&H Industrial, Inc. or any of its subsidiaries or affiliates (collectively, “L&H”). Vendors must be committed to high standards of ethical conduct when dealing with employees, suppliers, and customers. This Code of Conduct sets forth the basic requirements that all Vendors must comply with to do business with L&H.