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One Page Terms Deviations

Thank you for your acceptance of our One-Page Terms Deviations.

Simply copy and paste the text below into your PO document, and we should be good to go:

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The following terms will apply to this order and take precedence over any other terms, even if included or referred to in this document:

DELAY

  • For delays solely due to a reason within SPX FLOW’s control, SPX FLOW pays liquidated damages (“LDs”) of 0.5% of the price of the delayed goods/services per week with a maximum of 5% of the order price.
  • Termination for delay: Permitted once maximum LDs are reached.
  • LDs are the only damages/costs to be paid by SPX FLOW for delay.

DEFECTS

  • Warranty period: 12 months from start-up but not more than 18 months from delivery/service.
  • To the extent possible, SPX FLOW will always first be given the opportunity to remedy a defect on its own.
  • Exclusions:  Wear & tear, alterations, improper use, insufficient maintenance. All dismantling, transport, access & reinstallation costs are excluded from SPX FLOW’s warranty.
  • Any warranty for fitness for a particular purpose shall be limited to purposes, if any, expressly stated in the order.

INTELLECTUAL PROPERTY (IP)

  • Each party will own its IP and anything SPX FLOW supplies and/or develops under the order will be SPX FLOW’s but SPX FLOW will give a non-exclusive license to operate and maintain the goods.

DAMAGES

  • The liability of the parties to each other for all claims however arising out of the contract (including indemnity) shall be limited to 100% of the order price.
  • Neither party will be liable to the other for loss of profit, loss of product, loss of use, down time costs, product recall costs, or exemplary, incidental, indirect, special or consequential loss.
  • Liability will not be limited or excluded for gross negligence, willful misconduct, death or personal injury due to negligence, and charges payable to SPX FLOW as specified in the order.  
  • SPX FLOW will only indemnify from and against claims to the extent they are directly caused by SPX FLOW’s negligence or willful misconduct.

INSURANCE

  • SPX FLOW will only take out insurance as required by law, and in addition policies with the following limits per occurrence & annual aggregate:  Commercial General - 2.5million USD; Employer's Liability - 1million USD; Automobile - 1million USD.
  • SPX FLOW will provide insurance certificates upon request, but not provide policies.
  • Any requirements of additional insured status and waivers of subrogation are excluded.