• Main Division
• HSE Division
  • Tank cleaning
    • MegaMacs
    • soil
  • other services
    • Mobile  Incineration
      • sludge  Incineration
      • cheruical  Incineration
      • medical  Incineration
  • oil applications
    • oil sludge and cuting
      • Vertical centerfugal wsm-03
      • Vertical centerfugal wsm-04
    • soll Remidations
      • TDS
      • Ex-Situ Biotreatment  Technologies
      • In-Situ Biotreatment  Technologies-1
      • In-Situ Biotreatment  Technologies-2
• Certification
  • Iso 9001:2008
  • ohs as 18001:2007
  • Iso 14001:2004
• Security and safety equipment

7. Warranties.  Seller warrants to the original Buyer that all new equipment and material manufactured or designed by it shall be free from material defects in design and fabrication for eighteen (18) months from the plant shipment date and the plant shipment date will be no later than 14 days from Tender of Delivery date. All new equipment, components thereof and material not manufactured or designed by Seller shall carry only such warranty, if any, as is expressly given by the manufacturer or designer thereof.  Seller makes no other express warranty.  No express warranty given shall extend beyond the original Buyer. The foregoing express warranties are given in lieu of all other warranties, including any implied warranty of merchantability and/or fitness for a particular purpose, which are expressly disclaimed.  There are no warranties, which extend beyond the description on the face hereof.  Seller shall not be liable for damages caused by abrasion, corrosion, excessive temperature, condensation of moisture, chemical attack, fire, explosion, improper operation contrary to the instruction given by Seller or other manufacturer, insufficient maintenance, circumstances beyond the control of Seller or operation of the equipment under substantially different conditions than those anticipated by Seller or stated in the specifications.

8. Limitations of Remedies.  Buyer's sole and exclusive remedy for breach of any warranty or any other obligation of Seller related to the sale of equipment hereunder shall be the right to require Seller to repair or replace the defective equipment.  Buyer shall be responsible for disassembling and returning any defective equipment to a place to be designated by Seller for such repair or replacement.  In the event that repair or replacement fails of its essential purpose and after Seller is given a reasonable opportunity to cure, then Buyer’s sole and exclusive remedy shall be the right to recover the amount paid to Seller for the defective equipment, less any prior warranty allowance given and the reasonable value of any use made of the equipment by Buyer.  The defective equipment must first be returned to the control of Seller, at Buyer's cost, and any resale of the same by Seller can be done without notice to Buyer.  Before any breach or warranty claim can be made by Buyer, timely written notice specifying the particulars of the claimed defect or breach must be promptly given by Buyer to Seller within sixty (60) days of Buyer's discovery or constructive knowledge of the same, whichever comes first.  Failure to do so shall be deemed a waiver of the claim.  Under no circumstance shall Buyer be entitled to any incidental or consequential damages.  Any warranty allowance given by Seller to Buyer for any necessary and reasonable repairs or alterations to the equipment by Buyer within the warranty period shall be subject to Seller’s prior written consent.

9. Used Equipment.  NA.

10. Installation.  Buyer shall be solely responsible, at its expense, for the proper installation and erection of the equipment purchased, unless otherwise stated in Seller’s proposal or quotation.  Although Seller may in some cases provide a serviceman, instructions or drawings to aid Buyer with installation or support of the equipment, Seller expressly disclaims any warranties with respect to such installation and support.  Buyer shall indemnify, defend and hold Seller harmless from all claims, demands or legal proceedings (including the expenses and reasonable attorney's fees incurred in connection therewith) which may be made or brought against Seller in connection with damage or personal injury arising out of improper installation, erection, start-up, or operation of the equipment.

11.  Cancellation. NEW EQUIPMENT: If Buyer desires to cancel its order prior to shipment, it may do so but only with the prior written consent of Seller.  No such conditional cancellation will be considered by Seller unless Buyer agrees to first pay to Seller: a cancellation fee equal to no less than 20% of the full purchase price, a fee for all engineering completed (at $75.00 per hour), a fee equal to all parts purchased and a fee equal to the percentage of the completed equipment up to the date of the conditional cancellation. In addition, Buyer must agree to abandon any down payments.   No cancellation of an order for new equipment will be considered after tender of delivery by Seller. 

12. Integration and Assignment. The final written proposal or bid of Seller, these Terms and Conditions, any separate written warranty given by an authorized representative of Seller and Buyer’s down payment are intended by the parties as the sole, final and collective expression of their bargain.  These collectively constitute and are referred to herein as the “Agreement”. Any representation made in or by Seller’s advertising or samples, any prior dealings between the parties or any representation by any agent, employee or representative of Seller which is not contained in any of the above-referenced documents shall not supplement or explain, nor shall it be considered a part of the Agreement.  The Buyer may not assign any of its rights or obligations under the Agreement without the prior written consent of Seller

13. Acceptance, Applicable Law and Modification.  Seller’s final written proposal or bid and these Terms and Conditions are deemed accepted by Buyer and shall be the Agreement between the parties upon receipt by Seller of a down payment from Buyer. Any term or condition submitted by Buyer to Seller (whether in a solicitation for bids, acceptance or in a purchase order) which is in addition to or inconsistent with Seller’s final proposal or these Terms and Conditions shall be deemed rejected by Seller and shall not become a part of the Agreement unless such term or condition is agreed to in writing by Seller.  Missouri law shall govern the Agreement.  Any reference herein to the “Uniform Commercial Code” or the “Code” is to said Code as adopted by Missouri.  The Agreement can be modified only by a writing signed by Buyer and Seller.

14. Proprietary Information.  Seller’s proposal or bid, any financial or business information about Seller, and all technical information, data, specifications, plans, designs, drawings, know-how and ideas produced by Seller to or for Buyer’s benefit are deemed confidential, proprietary information belonging solely to Seller (collectively the “Information”).  Buyer agrees to treat all said Information confidentially and to take reasonable precautions against disclosure of said Information to third parties.  Buyer further agrees that the Information shall be used by Buyer, and no one else, for the limited purpose of evaluating Seller’s proposal or bid and, if accepted by Buyer, for performance of the Agreement.  Any other use of the Information is prohibited.

15. Arbitration of Disputes.  Any controversy or claim arising out of or relating to this Agreement shall be settled by arbitration in Kansas City, Missouri in accordance with the Commercial Arbitration Rules of the American Arbitration Association.  In any such arbitration the arbitrator(s) must follow the law.  Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION, WHICH MAY BE ENFORCED BY THE PARTIES.