Terms & Conditions

Effective date: January 13, 2025

Terms and Conditions

Issuance of an order by Buyer and acceptance of the order by the Seller shall be deemed to constitute a binding agreement between the parties pursuant to the terms and conditions contained herein and the relevant proposal or quote from Seller. The Buyer agrees that the order may not thereafter be cancelled, countermanded or otherwise changed without the prior written consent of Seller.
All canceled orders will be subject to a minimum of a 10% charge; additional charges will apply based on time & material committed to the project and cancelations charges from AFE Crane vendors. No other terms and conditions shall apply including the terms of any purchase order submitted to Seller by Buyer, whether or not such terms are inconsistent or conflict with or are in addition to the terms and conditions set forth herein.

Payment

Orders greater than $25,000 may be subject to a progressive payment schedule of 33% due upon order, 33% due prior to shipment and balance due according to agreed-upon terms. Unless other terms are agreed upon and in writing: invoice terms are NET 30 from the date of the invoice. AFE Crane’s standard practice is to generate an invoice at the time of shipment or at the time of installation, as appropriate. AFE Crane accepts Master Card, Visa and Discover credit cards. Customers with previously approved credit will be charged a 4% fee if paying with a credit card.

Copyright

No reproductions (either in whole or part) may be made from AFE CRANE drawings (either in hardcopy or electronic form) without written permission from management of AFE CRANE.

Sales Tax

AFE Crane only collects Iowa Sales Tax. If the purchase is taxable, AFE Crane will charge Iowa Sales Tax as appropriate. If the customer is located outside of Iowa or shipping outside of the state of Iowa, the customer is responsible for the appropriate local state and city taxes. If the purchase is exempt and the customer is located in Iowa or Illinois, customer MUST provide a sales tax exemption form stating what items are considered exempt. For material shipping direct at to states outside of Iowa, the customer must provide a tax exemption certificate for the state the material is shipping to. If the material is taxable OR the customer cannot provide a tax exemption certificate for the state it is shipping to, the material will ship to our warehouse in Cedar Falls and then will be shipped to the customer. Additional freight charges may also be charged.

Shipments

Unless otherwise noted on the proposal, all shipments are FOB point of origin. All freight charges or any extra charge incurred for additional services, such as a customer’s carrier or special handling at the destination, must be paid by the customer. Pre-pay & Add freight will be charged cost + 15%. Title and risk of loss pass to customer on delivery to the common carrier. If product is damaged in transit, customer must file claim with the carrier. Shipments will be made by carrier selected by customers.

Export Orders

Export orders will be handled on an individualized basis. Extra charges may apply.

Deliveries

Delivery dates on proposals and quotes are estimates based upon information known at time of proposal. Dates of deliveries are determined from the date of Sellers acceptance of any order or orders by Buyer and are estimates of approximate dates of delivery, not a guarantee of a particular day of delivery.

Deferred Deliveries

If Buyer requests deferral of deliveries, Seller’s agreement to deferred delivery shall not excuse Buyer from his obligation to pay for the goods at the same times and in the same quantities as the original delivery schedule, including interest due pursuant to these terms and conditions. In addition to adhering to the original payment schedule, Buyer shall pay such storage charges as Seller may assess for storing the goods awaiting delivery. If Buyer requests deferral prior to commencement of production, Seller may require progress payments in connection with expenses for materials or services incurred by Seller in anticipation of production.

Warranties

The Seller warrants to the original using Buyer thereof that the goods sold under this Agreement are free from defects in workmanship and materials for a period of one year from the date of shipment to the original using Buyer. No other express warranties are given and no affirmation of Seller or Seller’s agents, by word or action, shall constitute a warranty. No warranty is made for components and accessories made by others when such items are warranted by their respective manufacturers. Installation or operation of the equipment in any manner other than as recommended by Seller, shall void the warranty.
If units are delayed to be put into service AFE must be notified in writing to request warranty extension within two weeks of receiving the item. AFE will respond to identify if a warranty extension can be approved by AFE or other OEM’s.

Disclaimer of Implied Warranties

Seller makes no warrant of merchantability in respect to the goods sold under this agreement.
This sale is made without any warranty by seller that the goods are suitable for any particular purpose.
Buyer hereby waives all other warranties, guarantees, obligations, liabilities, rights and remedies arising by law or otherwise including any obligation or liability of the Seller arising from tort, and Buyer shall indemnify Seller from any liability, loss, damage, or claim arising from Buyer’s tortuous use of the goods sold hereby.
The goods and services are as described in AFE Crane’s proposal and do not meet any other specifications than those noted on the proposal.

Force Majeure

The Seller shall not be liable to the Buyer or be deemed to be in breach of this agreement by reason of any delay in performing, or any failure to perform, any of the Seller’s obligations in relation to the Products or Services if the delay or failure was due to any cause beyond the reasonable control of the Seller including (without limitation) strike, lockout, riot, civil commotion, fire, flood, accident, explosion, tempest, act of God, war, epidemic, stoppage of transport, terrorist activity, supply shortage or change in government, governmental agency, laws, regulations or administrative practices.

Remedies

Under no conditions shall any goods be returned to Seller without prior written consent.
The Buyer’s sole and exclusive remedy for breach of warranty is limited to Seller furnishing, at its expense, duplicate or repaired parts FOB Seller’s plant with installation at Buyer’s expense if discovery of a claimed defect occurs during the allowable warranty period, and if Seller’s inspection determines a defect exists.
The quantity of material shown by invoice shall in all cases govern settlement for shortages, unless notice of shortage, appropriately documented, is given to the carrier and the Seller upon delivery by the Carrier.
Claims for errors, deficiencies or imperfections shall be deemed waived by the Buyer unless Seller is notified in writing of the basis of such claims within 10 days after discovery or claimed defect and such discovery occurs within the warranted period.
Neither Buyer nor User shall be entitled under this Agreement to recover from Seller any incidental or consequential damages of any nature including but not limited to the cost of any labor expended by others in connection with the goods sold hereby by reason of any alleged nonconformity or breach of warranty on the part of the Seller, nor costs of material or account thereof, nor any lost profits whether determinable or speculative.

Invoices

Invoices are payable in U.S. Dollars only.