Unless and except to the extent expressly stated otherwise by Banjo Corporation in writing, these Terms and Conditions will apply to all Quotes issued by Banjo Corporation and all Orders placed with Banjo Corporation for Banjo and other products.
Performance specifications for Banjo products are determined under controlled laboratory conditions and according to specific test requirements. The results of these tests are not intended to define the performance of any Banjo product under actual conditions or specific applications. Banjo does not warrant the fitness or suitability of any Banjo or other product for any purpose or application, and Customer will have sole responsibility and liability for determining the fitness and suitability of all Banjo and other products sold by Banjo for the purposes and applications for which they are used, including the ability of products to satisfy applicable health, safety and environmental standards and requirements, compatibility of products with chemicals and other substances, and compatibility of products with conditions of actual use, including pressures and temperatures. Field testing by Customer under conditions of actual use is recommended prior to using a product for a particular purpose or application.
Banjo may make design and other product changes at any time without notice.
All patents and other intellectual property rights in relation to Banjo products remain the sole and exclusive property of Banjo.
Notwithstanding anything to the contrary, Banjo shall not be liable for any delay in performance or inability to perform that is directly or indirectly attributable to or caused by any circumstance or event beyond its reasonable control, including, but not limited to, war; riot; civil disturbance; act of terrorism; accident; sabotage; theft; malicious damage; confiscation; nationalization; embargo; compliance with law, rule, regulation or governmental or regulatory order or directive; act of government or authority; interruption, shortage or restriction in transportation, power, utilities, materials, parts or components; damage or destruction of facilities or equipment; natural disaster; fire; explosion; flood; storm; strike; lockout; labor dispute; labor shortage; epidemic or other widespread illness, or breach or default of suppliers or subcontractors.
Products and related technical information, data, documents and materials are subject to export controls under U.S. Export Administration Regulations and Department of the Treasury embargo regulations. Customer shall strictly comply with all such export controls and shall fully cooperate with Banjo in any official or unofficial investigation, audit or inspection that relates to any of such controls, and shall not export, re-export, divert or transfer, directly or indirectly, any products or related technical information, data, documents and materials to any party or destination or for any use that is subject to an embargo or otherwise prohibited pursuant to such controls, unless Customer has obtained all required U.S. governmental and regulatory approvals, authorizations and licenses. Banjo shall have the right to refuse to ship a product at any time at its sole discretion if it believes the shipment may be made or diverted to a prohibited party or destination or for a prohibited use or a required approval, authorization or license has not been obtained.
Quotes, orders, acceptances and these Terms and Conditions shall be governed by and interpreted in accordance with the laws of the United States and the State of Indiana, and the rights, liabilities and obligations of Banjo and Customer shall be determined under the laws of the United States and the State of Indiana. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.
Banjo shall have the right to modify these Terms and Conditions at any time in its sole discretion. No course of dealing between Banjo and Customer shall operate to modify or waive any of the provisions of these Terms and Conditions.
Other terms and conditions may apply only if and to the extent specifically set forth and agreed to in writing by Banjo.
150 Banjo Drive, Crawfordsville, Indiana 47933 USA
Telephone: (765) 362-7367; Fax: (800) 458-0232 International Fax: (765) 362-0744
Effective October 16, 2017