Terms & Conditions

Electro-Steam Generator Corporation Terms and Conditions of Sale

Exclusive and Entire

The terms represent the complete agreement between parties for all equipment, parts, and service purchases. All other terms and conditions are specifically rejected and the pricing is based on these standard conditions.

Domestic Terms

Payment due within 30 days net. Late payments incur 2% monthly interest or equivalent service charge per applicable local law.

International Terms

Requires advanced payment via wire transfer, credit card, cash in advance, or confirmed letter of credit.

Taxes

All prices exclude taxes and remain subject to increases from sales or excise taxes levied by federal, state, or other agencies.

Changes

Written modifications after fabrication begins require buyer payment for associated costs.

Claims

Title transfers upon carrier delivery. Damaged goods must be noted on delivery receipt and freight bill immediately.

Local Codes

Steam generators comply with ASME Boiler and Pressure Vessel Code Section I standards. It is the responsibility of the installer to conform to any state or local codes.

Warranty

Equipment conforms to description. Defective parts failing within 12 months startup or 18 months shipment (whichever first) are repaired/replaced EXW. Software warranty extends 12 months startup or 18 months shipment. Seller makes no warranty of merchantability beyond stated terms. Liability capped at repair/replacement cost; no liability for incidental or consequential damages.

Patent Indemnity

Seller indemnifies against U.S. patent infringement claims except when arising from buyer specifications or patented combinations with non-Seller components.

Proprietary Rights

All design, processes, know-how, and intellectual property remain Seller’s exclusive property. Buyer cannot disclose technical data to third parties or use for manufacturing similar goods without written consent.

Limitation of Liability

Seller’s total aggregate liability cannot exceed the paid contract price across all theories of liability.

Insurance

Buyer represents adequate insurance coverage and waives subrogation rights against Seller.

U.S. Export Controls

All items subject to U.S. export control laws. Buyer must comply with export regulations; obligations survive contract termination.

Freight Terms

F.O.B. Factory; unloading and transportation are buyer’s responsibility.

Installation

No installation or job supervision charges included.

Return of Material

Returns require factory authorization; 25% restocking fee applies with freight prepaid.

Force Majeure

Seller excused from performance when commercially impracticable due to strikes, natural disasters, war, embargo, or supply disruptions beyond reasonable control.

Law

Governed by New Jersey internal laws; claims prosecuted in applicable U.S. District Court. CISG expressly rejected.