New Beuthling Terms and Conditions

1. Offer, Governing Provisions and Cancellation. Any agreement between New Beuthling. (“New Beuthling”) and a buyer for the sale of goods and/or services described in a New Beuthling Quotation or New Beuthling Order Acknowledgement will be in accordance with these terms and conditions. A New Beuthling Quotation is an offer, and a New Beuthling Order Acknowledgement is an offer or counter-offer by New Beuthling to sell the goods and/or services described thereon and such documents are not an acceptance of any offer made by a buyer and are expressly conditioned on buyer’s assent to these Terms and Conditions of Sale. New Beuthling objects to any additional or different terms contained in any purchase order or other communication previously or hereafter provided by buyer to New Beuthling. No such additional or different terms or conditions will be of any force or effect. The terms contained in or incorporated into a New Beuthling Quotation or New Beuthling Order Acknowledgement will be the entire agreement between New Beuthling and buyer on the subject of the transaction described thereon; and there are no conditions to that agreement that are not so contained or incorporated. THE OFFER BY NEW BEUTHLING AND THE RESULTANT AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE LAWS OF THE STATE OF WISCONSIN AND THE U.S. (WITHOUT REFERENCE TO PRINCIPLES OF CONFLICTS OF LAWS). THE RIGHTS AND OBLIGATIONS OF THE PARTIES SHALL NOT BE GOVERNED BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. 

No accepted offer may be cancelled or altered by buyer except upon terms and conditions accepted by New Beuthling in writing; and no changes will be binding unless set forth in writing and manually signed by New Beuthling. An offer by New Beuthling may be revoked by New Beuthling at any time before it is accepted by buyer, and shall automatically expire 30 calendar days after its date if buyer has not accepted it before then. Neither buyer’s acceptance of an offer nor any conduct by New Beuthling (including but not limited to shipment of goods) shall oblige New Beuthling to sell to buyer any quantity of goods in excess of the quantity that buyer has committed to purchase from New Beuthling at the time of such acceptance or conduct. 

 

2. Credit Approval; Payment Terms. All payment terms set forth in this document are subject to New Beuthling’s approval of buyer’s credit, in New Beuthling’s discretion; and if such approval is withheld, payment shall be due in advance of New Beuthling’s performance. Except as otherwise provided on the face of a New Beuthling Quotation or New Beuthling Order Acknowledgement or in the preceding sentence, payment is due upon buyer’s receipt of New Beuthling’s invoice following shipment. Interest will be charged at the lesser of (i) 18% per year, or (ii) the highest rate permitted by applicable law, on accounts more than 30 calendar days past due. If production or shipment of completed goods, or other New Beuthling performance, is delayed by buyer, New Beuthling may immediately invoice, and buyer shall pay, the percentage of the purchase price corresponding to the percentage of completion; in addition, buyer shall compensate New Beuthling for storage of completed goods or work in process during any such delay, whether stored at New Beuthling’s facility or an independent storage company’s facilities. 

 

3. Taxes and Other Charges. Any manufacturer’s tax, occupation tax, use tax, sales tax, excise tax, value added tax, duty, custom, inspection or testing fee, or any other tax, fee, interest or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between New Beuthling and buyer shall be paid by buyer in addition to the prices quoted or invoiced. In the event New Beuthling is required to pay any such taxes or other charges, buyer shall reimburse New Beuthling therefor on demand. 

 

4. Delivery, Claims and Force Majeure. Unless otherwise provided on the face of a New Beuthling Quotation or New Beuthling Order Acknowledgement, goods shall be delivered to buyer F.O.B. New Beuthling’s loading dock or, for ultimate destinations outside of the U.S., ex works New Beuthling’s loading dock (as the latter shipping term is defined in Incoterms 2010). Delivery of products to the carrier shall constitute delivery to buyer; and regardless of shipping terms or freight payment, buyer shall bear all risk of loss or damage in transit. New Beuthling reserves the right to make delivery in installments; all such installments to be separately invoiced and paid for when due in accordance with their respective invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve buyer of its obligations to accept remaining deliveries. 

Claims for shortages or other errors in delivery must be made in writing to New Beuthling within 10 calendar days after receipt of shipment; and failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by buyer. Claims for loss of or damage to goods in transit must be made to the carrier, and not to New Beuthling. All delivery dates are approximate. New Beuthling shall not be liable for any losses or damages as a result of any delay or failure to deliver due to any cause beyond New Beuthling’s reasonable control, including but not limited to any act of God, act of buyer, embargo or other governmental act, regulation or request, fire, accident, strike, slowdown, war, act of terrorism, riot, delay in transportation, or 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 because of the delay. Buyer’s exclusive remedy for other delays and for New Beuthling’s inability to deliver for any reason shall be rescission of its agreement to purchase. 

 

5. Changes. New Beuthling may at any time make such changes in design and construction of products, components or parts as New Beuthling deems appropriate, without notice to buyer. New Beuthling may furnish suitable substitutes for materials unobtainable because of priorities or regulations established by governmental authority or nonavailability of materials from suppliers. 

 

6. New Beuthling’s Limited Warranty. New Beuthling’s Limited Warranty is as follows: 

  1. Basic Limited Warranty Coverage. New Beuthling warrants that it will repair or, at its option, replace any parts manufactured by New Beuthling and found to be defective in factory material or workmanship within a period of 1 year after delivery to the original purchaser, provided that the unit is operated and maintained in accordance with New Beuthling’s instructions and manuals. After the first six months, the following specific components are not covered under the New Beuthling Warranty: batteries, electrical components, throttle, choke, and control cables. 
  2. This warranty is not applicable to normal maintenance services such as engine tune-ups or normal replacement of service or wear items, such as filters, lubricating oils, grease and rubber scrapers. Allowance for repairs or alterations will not be allowed unless they are authorized in writing by New Beuthling. Liability for damages or delay caused by defective parts will not be assumed by New Beuthling. Credit will not be allowed if in the opinion of New Beuthling that a part failed through neglect of maintenance, misuse or as the result of accident.  The machine may not be altered or modified in any manner which affects the mechanical operation of the machine as designed by the manufacturer. New Beuthling makes every effort to continually improve its products, and it does so without incurring any obligation to make such changes on units previously shipped.  New Beuthling also reserves the right to discontinue the production of any product at any time. 
  3. New Beuthling’s Obligations. New Beuthling will at its expense repair or, at its option, replace F.O.B. New Beuthling’s loading dock or, for customers outside the United States, ex works New Beuthling’s loading dock (as the latter shipping term is defined in Incoterms 2010) any parts manufactured by it and found to be defective in material or workmanship during the applicable warranty period, provided that the owner of the warranted goods complies with the “Warranty Claims Procedure” set forth below. The owner of the warranted goods will be responsible for the expense of returning any parts to New Beuthling for warranty evaluation. New Beuthling will at its expense return any part repaired or replaced under this warranty to the owner of the warranted goods, by truck, United Parcel Service or U.S. Mail, at New Beuthling’s option. The owner of the warranted goods will be responsible for the cost of any other method of shipment, including air freight. 
  4. Items Not Covered. New Beuthling’s limited warranty does not cover: 
  5. a mechanic’s travel time; 
  6. the cost of removal of defective parts and reinstallation of repaired or replacement parts; 
  7. used goods, unless specifically covered by a separate written warranty; 
  8. component parts manufactured by others; 
  9. depreciation or damage caused by normal wear and tear, accident, abuse, improper maintenance, abnormal use, use other than in accordance with New Beuthling’s instruction, or improper protection in storage, 
  10. goods which have been modified or altered other than with the prior written approval of New Beuthling; or 
  11. the cost of normal maintenance or service; the cost of repairing or replacing other property which is damaged when the goods do not work properly. 
  12. Warranty Claims Procedure. Within five (5) days of the expiration of the applicable warranty period, the owner of any warranted item claimed to be defective must: 
  13. notify New Beuthling immediately upon discovery of any defect covered by this warranty; 
  14. provide New Beuthling documentary evidence of the date of delivery of the item to the original purchaser; and 
  15. if requested by New Beuthling, ship the defective part(s) to New Beuthling, freight (and duty if any) prepaid, for inspection. 
  16. No Other Warranties. New Beuthling makes no warranty other than that set forth above, express or implied. None of New Beuthling’s representatives is authorized to make any representation or warranty on New Beuthling’s behalf or in its name. New Beuthling’s only obligation and its customer’s only remedies, in connection with the sale of New Beuthling products, are those set forth in this Warranty. 

THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED; AND NEW BEUTHLING EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. 

 

 

7. New Beuthling’s Warranty Policies.  

  1. Warranty Statement 
  2. New Beuthling provides a Warranty Statement with all new equipment.  The Warranty Statement is included in the Operator’s Manual.  The Warranty Statement and Operator’s Manual should be provided to and reviewed by customers during the equipment delivery and registration process. 
  3. Conditions of Warranty 
  4. The warranty included with each product warrants that product against defects in material or workmanship for the specified time.  All Warranty Statements include some exclusion to the warranty.  The Company’s Warranty Department is the final authority on warranty approval. 
  5. Non-Warrantable Repairs Include Failures Caused By: 
  6. Abuse:  Failures resulting from improper or unusually rough and/or destructive operation/use of product. 
  7. Neglect:  Lack of required maintenance, adjustment, storage, normal care, and cleaning. 
  8. Alterations:  Modifications of the covered product that have not been approved by New Beuthling Service or Engineering Departments.  Such unauthorized modifications could void New Beuthling’s warranty coverage of that product. 
  9. Accident or damage:  Caused by falling objects, collision, overturn, submersion, fire, acts of God, war, or terrorism, or extended improper storage. 
  10. Non-Covered Expenses Include: 
  11. Clean-Up Time:  Cleaning the machine or work area before or after warranty repair.  Clean-up time is affected primarily by the application or conditions in which the machine is operated.  Clean-up is considered a customer’s responsibility. 
  12. Maintenance:  Replacement of normal maintenance items such as filters, bolts, hose, lube oil, and chains.  Topping off or replacement of fluids. 
  13. F.O.B.:  All warranty items are F.O.B. New Beuthling and do not cover freight cost. 
  14. Consumable Items:  Tires, hydraulic hoses, fan belts, scrapers, spray bars and cocoa mats. 
  15. Rental:  Rental charges for replacement equipment. 
  16. Travel Time, Mileage and Transportation Charges:  Warranty service is performed at the dealer’s place of business.  Mileage and time related to traveling to and from a warrantable repair, or pickup and delivery of equipment is not covered by warranty. 
  17. Unauthorized Repair:  Only repairs performed by the authorized dealer are covered by the warranty. 
  18. Non-OEM Parts:  Warrantable repairs must be completed using OEM parts only, unless authorized before repair. 
  19. Pre-Delivery:  Expenses incurred to set up or prepare a product for delivery to end users are not covered by the warranty. 
  20. OEM Warranty Items: 
  21. If the warranty repairs include repairs to the following items, authorization from New Beuthling is required to return the component to the manufacturer for warranty consideration. 
  22. Kohler Engine 
  23. Honda Engine 
  24. Kubota Engine 
  25. Poclain Hydraulic Motor 
  26. Danfoss Hydraulic Pump or Hydraulic Motor 
  27. Warranty Labor Rate Policy 
  28. New Beuthling will reimburse dealers at a labor rate of $45.00 per hour if performed at the Dealer’s facility.  Overtime rates for repairs are not covered by the warranty. 
  29. Labor Hours Paid on a Claim Adjustment Request 
  30. New Beuthling controls the amount of time paid on a Claim Adjustment Request to complete a repair.  To meet these schedules, the dealer must employ qualified technicians who have been trained and are equipped to perform the repairs. 
  31. Prior to proceeding with a warranty repair, you must contact New Beuthling’s Warranty Department, who will authorize the repair and email you a Warranty Claim Form.  Be sure to fill in all the details.  You must return the claim within 30 days after the repair is completed.  Upon receiving the claim, New Beuthling will request you return the failed parts, prepaid freight or scrap the parts.  Do not return any parts unless you are requested to do so. 
 

8. Dealer Warranty Procedure  

For warranty claims to be processed efficiently, the following procedure must be followed.  Failure to comply with this procedure will result in the warranty claim being rejected. 

New Beuthling will not be held responsible for any repairs that are performed by the dealer or outside sources unless they have been approved by our warranty department. 

  1. Prior to initiating any repairs to a New Beuthling Asphalt Roller, we require the dealer to contact New Beuthling for approval.  The unit model number and serial number must be provided.  A warranty claim form will be provided to you at that time. 
  2. Photos of the defective parts are required and when possible, should be taken prior to removing from machine.  If it is not possible to take photos of claimed parts prior to removal, be sure to take photos of claimed parts after they have been removed. 
  3. Tag all defective parts with the corresponding claim number and return them to New Beuthling for warranty consideration. 
  4. When the approved repairs are completed, fill in ALL detail sections of the warranty claim form.  Include invoice numbers for any parts purchased for the repairs, copies of invoices, and other documentation when submitting the warranty claim.  Labor hours may be included at a rate of $45.00 per hour.  The warranty DOES NOT cover travel time, mileage, or expenses. 
  5. After all photos are submitted, a completed claim form is received, parts are returned to New Beuthling, and a response is received from our vendor, if applicable, the claim form will be processed for warranty consideration. 

9. Parts Return Policy

  1. Dealers that intend to return parts to New Beuthling must first receive a returned merchandise authorization (RMA) number.  Please contact New Beuthling to request an RMA number. 
  2. The returned part must be returned with a copy of the New Beuthling invoice and shipped freight prepaid. 
  3. If an RMA is issued by New Beuthling, a 30% restocking charge will apply.  In limited cases where it is a special non stocking part, the restocking charge will be subject to the supplier or manufacturers’ restocking charge of up to 60%. 
  4. Certain items are not acceptable for return and restocking, inclusive of non-current production parts, electrical components, fan or drive belts, gaskets, o rings, oil seals, hydraulic hoses, filters, and any hydraulic component that has been unsealed or installed on a machine. 
  5.  

10. Patents, Trademarks and Copyrights. NEW BEUTHLING GIVES NO WARRANTY THAT THE PRODUCTS SOLD WILL BE DELIVERED FREE OF THE RIGHTFUL CLAIM OF ANY THIRD PARTY FOR INFRINGEMENT OF ANY PATENT, COPYRIGHT OR TRADEMARK OR ANY OTHER PROPRIETARY RIGHTS. 

 

11. Consequential Damages and Other Liability; Indemnity. IN NO EVENT SHALL NEW BEUTHLING BE RESPONSIBLE FOR ANY OTHER OBLIGATIONS OR LIABILITIES OR ANY CONSQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PRODUCTION, LOSS OF PROFITS, OR RENTAL OF SUBSTITUTE EQUIPMENT, WHETHER ARISING OUT OF BREACH OF WARRANTY OR OTHER BREACH OF CONTRACT, NEGLIGENCE OR OTHER TORT, OR ON ANY STRICT LIABILITY THEORY OR UNDER OTHER THEORIES OF LAW OR EQUITY, WITH RESPECT TO GOODS OR SERVICES SOLD BY NEW BEUTHLING, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO. Without limiting the generality of the foregoing, New Beuthling specifically disclaims any liability for property damages, penalties, special or punitive damages, damages for lost profits or revenues, down-time, lost goodwill, cost of capital, cost of substitute goods or services, or for any other types of economic loss, or for claims of buyer’s customers or any third party for any such damages, costs or losses. NEW BEUTHLING SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL, INDIRECT AND CONTINGENT DAMAGES WHATSOEVER. New Beuthling’s liability with respect to the goods or services sold hereunder shall be limited to the warranty provided in section 6 of these Terms and Conditions of Sale and, with respect to any other breaches of its contract with buyer, shall be limited to the contract price. Buyer shall indemnify and hold harmless New Beuthling from and against any and all losses, liabilities, damages and expenses (including but not limited to attorneys’ fees and other costs of defense) that New Beuthling may incur as a result of any claim by buyer or by buyer’s customers or by any third party arising out of or in connection with the goods or services sold hereunder, including but not limited to any such claim based upon the negligence of New Beuthling in designing, manufacturing, performing and/or selling such goods or services, unless such losses, liabilities, damages or expenses are ultimately determined to be attributable solely to the willful misconduct of New Beuthling. 

 

12. Technical Information. Buyer agrees any sketches, models or samples submitted by New Beuthling and any designs developed in fulfillment of Buyer’s order shall remain the property of New Beuthling, and shall be treated as confidential information unless New Beuthling has in writing indicated a contrary intent. Buyer agrees not to use or disclose such sketches, models or samples, or any design or production techniques revealed thereby, without the express, prior written consent of New Beuthling. 

 

13. Tools. Any dies, jigs or tools that New Beuthling manufactures or acquires in connection with its performance under a New Beuthling Quotation or New Beuthling Order Acknowledgement shall remain the property of New Beuthling, notwithstanding any charges to buyer therefor. Any such charges convey to buyer the right to have the tools, dies or jigs used by New Beuthling for performance of New Beuthling’s agreement with buyer, but do not convey title or right of possession or any other right.