Terms & Conditions - Sponge-Jet

Sponge-Jet® Conditions of Sale and Limited Warranty

Use in accordance with local regulations. Manufactured in the USA

Glossary

Sponge-Jet, Inc. – herein called Sponge-Jet, Inc., SJ, Sponge-Jet or Seller
Applicant – herein called Applicant, Buyer, Customer or Purchaser

Payment Terms

All orders are Pre-Pay unless other arrangements have been approved.
Sponge-Jet may accept American Express, Visa and MasterCard as payment in full at time of Purchase Order.
Payment of account balances by Credit Card aged 5-days or greater are subject to a 4% processing fee.
Letters of Credit are subject to a $900.00 USD processing fee. Instructions are available upon request.

Terms of Credits

The decision of whether to extend credit, the amount and duration of any credit extended is solely within the discretion of Sponge-Jet, Inc. who reserves the right at any time, for any reason and without prior notice to refuse to extend further credit and to demand at any time that any or all outstanding amount be paid immediately
Applicant authorizes Sponge-Jet to check Applicant’s credit history, trade and bank references for customary credit information, to confirm the information provided as part of the credit application, and to release information to other creditors regarding its credit experience with Applicant.
All charges (including all amounts due as a result of the lease of equipment, sale of equipment, or as a result of damage to the equipment, or as a result of amounts which may become due as a result of damage to the equipment) are payable according to the terms of Sponge-Jet’s invoices for said charges.
Interest may accrue at the rate of 1.5% per month on all amounts beyond the due date set forth on the invoice (or 30 days from the date of the invoice if no due date is specified). Interest will continue to accrue at said rate, beyond the entry of any judgment until all amounts due are paid.
For purposes of interest accrual, amounts due shall include the invoiced amounts after the due date or date of acceleration, accrued interest, and any and all costs of collection.
In the event of any failure to pay any invoice on or before its due date, Applicant shall become liable for any and all costs of collection, including reasonable attorney fees or commissions, the commissions due any collection agency, court costs, and all related costs and expenses. All such amounts shall be added to the debt and shall be immediately due and payable.

Pricing

Prices are in US Dollars unless otherwise stated and do not include factory consolidations, crating nor shipping
(Ex-Works; Sponge-Jet named locations)
All prices are subject to change without notice. In the event of a price change and unless otherwise agreed to in writing, prices for orders scheduled for immediate release shall be those in effect at time of order entry; orders not for immediate shipment will be subject to prices in effect on date of shipment.
Claims for shortages or other errors must be made in writing to Sponge-Jet within 60 days after invoice date, and failure to give such notice shall constitute unclaimed acceptance and a waiver of all such claims by purchaser.
Sponge-Jet reserves the right to make delivery in installments, unless otherwise expressly stipulated in the contract for sale; and all such installments when separately invoiced shall be paid for when due per invoice, without regard to subsequent deliveries.
All clerical errors are subject to correction

Shipping, Title & Risk of Loss

Shipping charges are additional All prices provided are Ex-Works; Sponge-Jet named location/s and do not include consolidation or crating.
Title to and all risk of loss or damage to the products passes from Sponge-Jet to Purchaser upon shipment from Sponge-Jet’s shipping location regardless of Sponge-Jet’s involvement in the arrangement of shipping, insurance and/or pre-payment of freight to Carrier, which will be invoiced to Purchaser by Sponge-Jet, made on Purchaser’s behalf. However, Sponge-Jet reserves, until full payment is received, a purchase money security interest in each product delivered.

Orders

ACCEPTANCE, GOVERNING PROVISIONS, AND CANCELLATION No order for Sponge-Jet equipment, media or services shall be binding upon Sponge-Jet until accepted in writing by an authorized representative of Sponge-Jet or by shipment or other performance of such order. Any such order shall be subject to these Conditions of Sale, and acceptance shall be expressly conditioned on assent to such Conditions, which assent shall be deemed given unless purchaser shall expressly notify Sponge-Jet to the contrary prior to any shipment or other performance of an order by Sponge-Jet and, in any event, within five (5) days after receipt of any acknowledgment or confirmation of such order. No order accepted by Sponge-Jet may be altered or modified by purchaser unless agreed to in writing signed by an authorized representative of Sponge-Jet; and no such order may be cancelled or terminated except upon payment of Sponge-Jet’s loss, damages and expenses arising from such cancellation or termination.
No modified or other conditions will be recognized by Sponge-Jet unless specifically agreed to in writing and failure of Sponge-Jet to object to provisions contained in any purchase order or other communication from a purchaser (including, without limitation, penalty clauses of any kind) shall not be construed as a waiver of these Conditions nor an acceptance of any such provisions. Unless otherwise agreed in writing by a duly authorized representative of Sponge-Jet, products sold hereunder are not intended for use in or in connection with a nuclear facility or activity. If so used, Sponge-Jet disclaims all liability for any nuclear damage, injury or contamination, and purchaser shall indemnify Sponge-Jet against any such liability, whether as a result of breach of contract, warranty, tort (including negligence) or otherwise. Any contract for sale and these Conditions shall be governed by and construed according to the laws of the State of New Hampshire.
Delay in delivery of any installment shall not relieve purchaser of its obligations to accept remaining deliveries. Sponge-Jet shall not be liable for any damage as a result of any delay due to any cause beyond Sponge-Jet’s reasonable control, including, without limitation an act of God; act of purchaser or Sponge-Jet’s supplier; embargo or other governmental act, regulation or request; fire; accident; strike; slowdown; war; riot; delay in transportation; and inability to obtain necessary labor, materials or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay.

Authority to Sign, Form, Contracts, Authorize

Any individual signing Agreements, authorizing work in writing or verbally or placing orders by any means represents and warrants that he or she is of legal age and has the authority and power to do so on behalf of Customer and accepts Sponge-Jet’s published Terms and Conditions.

Indemnity / Hold Harmless

To the fullest extent permitted by law, customer agrees to indemnify, defend and hold Sponge-Jet, and all of its respective officers, agents, servants or employees, and affiliates, parents and subsidiaries, harmless from and against any and all liability, claims, loss, damage or costs (including, but not limited to, legal fees, loss of profit, business interruption or other special or consequential damages, damages relating to property damage, bodily injury or damages relating to wrongful death) arising out of or related to the (a) Installation, operation, use, alteration, modification, removal, possession or rental of the equipment purchased or rented, (b) Claims by any customer, independent contractor or customer employee, against customer, including but not limited to any claim that customer failed to disclose or obtain consent to data collection contemplated under this agreement or (c) Errors, omissions, inaccuracies or misrepresentations (whether intentional or inadvertent) in the documents or other information provided by customer, or obtained from others (including any third-party documents or documentation), upon which Sponge-Jet relies when providing Equipment, Media or Services. This indemnity provision also applies to any claims asserted against Sponge-Jet based upon strict or product liability causes of action. However, the customer shall not be obligated to indemnify Sponge-Jet for that part of any loss, damage or liability caused solely by the intentional misconduct or sole negligence of Sponge-Jet. In furtherance of, but not in limitation of the indemnity provisions in this agreement, customer expressly and specifically agrees that the foregoing obligation to indemnify shall not in any way be affected or diminished by any statutory or constitutional limitation of liability or immunity customer enjoys from suits by its own employees. The duty to indemnify will continue in full force and effect notwithstanding the expiration or early termination of the agreement.

Insurance

Customer agrees to maintain and carry, at Customer’s sole cost, the following insurance: (a) Commercial auto liability insurance (b) Commercial general liability insurance (“CGL”) and (c) Property insurance including coverage for all risks of loss or damage to the Equipment.
Customer shall obtain insurance policies that provide, or are endorsed to provide, that all insurance required hereunder is primary and non-contributory to any other insurance maintained by Sponge-Jet. ∙ The Customer shall name Sponge-Jet as an additional insured for claims arising out of the maintenance, operation, or use by the Customer of equipment rented to the Customer by Sponge-Jet. The customer further agrees that the amount of insurance available to Sponge-Jet shall be for the full amount of the loss up to policy limits of liability. Any deductibles or self-insured retentions shall be the sole responsibility of the Customer. All insurance required by this Agreement shall include a waiver of rights of recovery against Sponge-Jet or its insurers by the Customer and its insurers, as well as a waiver of subrogation against Sponge-Jet or its insurers. The policies required hereunder shall provide that Sponge-Jet must receive not less than 90 days notice prior to any cancellation.
If requested, the customer shall provide Sponge-Jet with documented proof of all required insurance coverage.

Limitation of Liability

Anything to the contrary herein notwithstanding, Sponge-Jet, Inc., its contractors and suppliers of any tier, shall not be liable in contract, in tort (including negligence or strict liability) or otherwise for any special, indirect, incidental or consequential damages whatsoever. The remedies of the purchaser set forth herein are exclusive where so stated and the total cumulative liability of Sponge-Jet, its contractors and suppliers of any tier, whether in contract, in tort (including negligence or strict liability) or otherwise, shall not exceed the price of the product or part on which such liability is based.

Return Policy

Subject to written return authorization, non-custom equipment, parts and unused, unopened, saleable containers of Sponge Media™ may be returned within 90 days of initial purchase, freight prepaid, with a 20% restocking charge.
Products must be packaged properly for return, Sponge-Jet will not be responsible for damage in transit
PLEASE NOTE Unless otherwise negotiated, credit for returns will be issued against future Sponge Media orders placed within 1 year of the date of return.
Warrantied credit for authorized return of products, freight pre-paid, will be allowed for the replacement of such product to be defective in material or workmanship on units sold to the original purchaser.
Sponge-Jet will make the final decision regarding approval of all warranty requests.

Sponge-Jet® Limited Warranty
NEW Equipment manufactured by Sponge-Jet

WARRANTY TO CUSTOMERS PURCHASING THROUGH AUTHORIZED SPONGE-JET DISTRIBUTORS AND CUSTOMERS PURCHASING DIRECTLY FROM SPONGE-JET. Sponge-Jet, Inc. (herein referred to as SJ) warrants equipment sold as “NEW” and manufactured by it to be free from defects in materials and workmanship for twelve (12) months from date of invoice from SJ or its authorized sales channel. If, within the applicable warranty period, purchaser discovers such item was not as warranted and promptly notifies SJ in writing, SJ shall repair or replace the items found to be faulty by SJ or refund the purchase price at SJ’s option. This warranty shall not apply to (a) equipment not manufactured by SJ, (b) equipment which has been repaired or altered by others than SJ, (c) equipment which has been subjected to negligence, accident, or damage by circumstances beyond SJ’s control, or to improper operation, maintenance, storage, or to other than normal use or service, (d) equipment sold as “used” or in “as is” condition, and (e) equipment utilized with any product not properly licensed or provided by SJ.

NEW Equipment not manufactured by Sponge-Jet

With respect to equipment sold but not manufactured by SJ, the warranty obligations of SJ shall in all respects conform and be limited to the warranty actually extended to SJ by its supplier. The foregoing warranties do not cover reimbursement for labor, transportation, removal, installation, or other expenses, which may be incurred in connection with repair or replacement. Except as may be expressly provided in an authorized writing by SJ, SJ shall not be subject to any other obligations or liabilities whatsoever with respect to equipment manufactured by SJ or services rendered by SJ.

Sponge Media™

THERE IS NO EXPRESSED WARRANTY. IMPLIED WARRANTIES INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO PERSONS OF WARRANTY SET FORTH AND TO THE EXTENT PERMITTED BY LAWS. ANY AND ALL IMPLIED WARRANTIES ARE EXCLUDED. Sponge-Jet is IN NO EVENT IS LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Sponge-Jet extends to the original purchaser of goods for use, the following warranty covering goods
Manufactured or supplied by Sponge-Jet subject to the qualifications indicated.
Sponge-Jet warrants its Sponge Media™ for a shelf life period of one year from delivery or twelve (12) months from date of invoice from SJ or its authorized sales channel, if stored in a dry environment, protected from temperature extremes.
There is no expressed or implied warranty as to service life or performance. Sponge-Jet reserves the right to review on a case-by-case basis any discrepancies regarding performance issues of Sponge Media.

Changes or Modifications

No person is authorized to give any other warranties or to assume any other liability on the Company’s behalf unless made or assumed by the Company in writing and no person is authorized to give any warranties or assume any liabilities on the seller’s behalf unless made or assumed in writing by the seller.

Sponge-Jet® Export Control Policy

Due-Diligence

Complete US Export can be found at http://www.bis.doc.gov/
Sponge-Jet is required to do its own due-diligence to comply with the requirements of the United States export administration and international economic sanctions Laws and regulations, the requirements of export licenses issued by the United States Department of Commerce, the United States Department of State, the United States Department of the Treasury and other agencies. These agencies require that Sponge-Jet have an effective and comprehensive internal control program to monitor compliance with the applicable regulations for exports. The Export information referenced below and current updates can be found on the website of the Bureau of Industry and Security, United States U.S. Department of Commerce

United States Laws and Regulations

Sponge-Jet requires that all parties, of the sale or exchange of goods, services, technology and information understand their responsibilities and comply with United States Laws and Regulations in accordance with the United States Export Administration Act (“EAA”), the Export Administration Regulations (“EAR”); the Arms Export Control Act (“AECA”) and the International Traffic in Arms Regulations promulgated there under (the “ITARS”). It is very important (and the law) that the Purchaser be aware of and update themselves frequently of these laws.

End Use/ End User

Trade Embargo Regulations Purchaser agrees to comply to the “end use” and “end user” restrictions.
Screening For any export transaction, including a domestic sale intended for export the Purchaser agrees to comply with the “end use” and “end user” restrictions. Sponge-Jet reserves the right to request an “end use statement” with the details of the “intended end use” including but not limited to nuclear activities, chemical and biological weapons, or ballistic applications.
The term “intended end use” covers the direct end use of the product being ordered as well as its broader end use or application. If the customer is vague or there are other signs of a potential risk for a “bad end use,” then a more detailed investigation of the transaction will be undertaken.

Office of Antiboycott Compliance (OAC)

Antiboycott Compliance Screen: All individuals involved in a sales transaction with Sponge-Jet will not conduct business in any way prohibited under the Export Administration Act. More information can be found on the US Bureau of Industry and Security website

Screening

Screening is required for any export transaction, including a domestic sale intended for export the Purchaser agrees to comply with the “end use” and “end user” restrictions. Sponge-Jet reserves the right to request an “end use statement” with the details of the “intended end use” including but not limited to nuclear activities, chemical and biological weapons, or ballistic applications. The term “intended end use” covers the direct end use of the product being ordered as well as its broader end use or application. If the customer is vague or there are other signs of a potential risk for a “bad end use,” then a more detailed investigation of the transaction will be undertaken.

Sponge-Jet® Rental Terms

Rental Period & Shipping Costs

Unless otherwise agreed, the equipment rental period begins on the day equipment arrives at the Customer’s “ship to” location and continues through and including the day equipment is placed in transit back to the designated Sponge-Jet facility. The return date is determined by the Bill of Lading ship date. The Customer will be responsible for inbound and outbound shipping costs.

Shipping Brackets

Sponge-Jet 70 & 91 Series Recyclers™ are shipped with Shipping Brackets that must be removed before operation and reinstalled prior to transit. If these brackets are not properly removed before operation or re-secured for return shipment, the cost of any damages will be billed to the Customer, including but not limited to the replacement cost of the brackets and for any parts and labor to repair damage done to the equipment during operation and/or shipment.

Factory training

Factory training is strongly recommended for all first-time users. In addition, the Customer should make individuals who may come in contact with the process familiar with the importance of safety, equipment maintenance, field repair, blasting concepts, and media management.

Preventative Maintenance

The Customer is responsible for all normal and reasonable preventative maintenance as described in The User Manual. The Customer must contact Sponge-Jet in advance regarding repairs, service, and general maintenance. Sponge-Jet, Inc. will not be responsible for any third-party expenses or billings, as a result of these activities.

Return

Before returning rental equipment to Sponge-Jet, Customers have the option of purchasing the rental equipment. Customer must contact Sponge-Jet to receive a written quote, which will normally offer a discount equal to one month’s rental fee. Customers account must be in and remain in good standing during the terms of this transaction and is subject to Sponge-Jet’s Conditions of Sale. (In lieu of the above, this discount may be used to purchase new equipment. Please contact Sponge-Jet for details.)
All rented equipment, including whipline blast hose and couplings must be returned to Sponge-Jet in good condition. Customer will be charged for any equipment repairs or replacement costs excluding normal wear and tear. Please return any part that was replaced during the rental period as instructed, or with the rental unit.
Products must be packaged properly for return, Sponge-Jet will not be responsible for damage in transit

Cleaning Fee

All materials, hazardous or not, must be cleaned out of equipment before returning to Sponge-Jet. A cleaning/disposal charge of $1,000 or more will be charged to the Customer for equipment returned containing used media, foreign debris, and/or blasting residue.

Damage

All charges (including all amounts due as a result of the lease of equipment, sale of equipment, or as a result of damage to the equipment, or as a result of amounts which may become due as a result of damage to the equipment) are payable according to the terms of Sponge-Jet’s invoices for said charges.

Acknowledgement

The Customer acknowledges that this Equipment is designed to be operated exclusively with Sponge-Jet Pliant Media; any other use is prohibited without prior authorization from Sponge-Jet.

THESE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES EXCEPT WARRANTIES OF TITLE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.