Terms and Conditions

First time Buyer

You are considered a first time buyer of this product if your location or field office has not ordered this product before. This would be designated by your customer number. If your company has ordered for another location, you may still be considered a first time buyer based on shipping address. Please call customer service to confirm your status.

Sales Terms and Conditions

Full payment due within thirty (30) days of invoice date.

As stipulated on our acknowledgments and invoices.

F.O.B. origin.

Warranty conditions

All goods offered for sale by Draka Elevator Products, Inc. (hereinafter Draka EP) are offered for sale only on those terms and conditions appearing on the reverse side of Draka EP’s Quotation Order Acknowledgment and/or Invoice forms. A SUMMARY OF THE MORE IMPORTANT PROVISIONS OF THESE TERMS AND CONDITIONS OF SALE IS REPRODUCED BELOW.

All sales and charges for goods or services sold by Draka EP shall be subject to the terms and conditions set forth on Draka EP Quotation, Order Acknowledgment and/or Invoice forms. Such terms and conditions shall be the sole and exclusive terms and conditions applicable to any sale. Draka EP will not be bound by any terms and conditions proposed by any buyer, which are additional to or different from the terms and conditions referred to above.

Unless otherwise agreed to in writing, a buyer shall pay to Draka EP its prices for the goods in effect on the date of shipment by Draka EP. All prices are F.O.B. origin apart from those exceptions set forth in Draka EP’s Quotation, Order Acknowledgment or Invoice forms. The prices specified do not include sales, use, excise, or similar taxes.

Draka EP shall have the sole control and discretion with respect to mode of transportation and routing.

The risk of loss of or damage to the goods shall pass to a buyer at the time Draka EP puts the goods in possession of a common carrier.

Draka EP shall not be responsible or liable for any delay or failure to deliver any goods if such delay is deemed by statute or otherwise as force majeure.

Dates All shipping dates are approximate only. No guarantee of any shipping date is made unless such guarantee and its terms are specifically stated in writing.

(a) Draka EP’s Type ETT Round Traveling Cable (SUPERFLEX®), Hoistway Cable (SUPER-DUCT®), Compensation Cable (WHISPER-FLEX® and STEADI-FLEX®) and metal wireway are warranted to be free from defects in material and workmanship for the installed life of the product. (b) All other goods manufactured by Draka EP are warranted to be free from defects in material and workmanship for a period of one (1 ) year commencing on the date of shipment to buyer. DRAKA EP’S SOLE AND EXCLUSIVE OBLIGATIONS AND LIABILITIES UNDER THESE WARRANTIES ARE AND SHALL BE LIMITED TO ISSUANCE OF CREDIT FOR OR REPAIR OR REPLACEMENT OF ANY GOODS OR PARTS THEREOF WHICH ARE PROVED TO BE OTHER THAN AS WARRANTED, AND DRAKA EP SHALL HAVE SOLE DISCRETION AS TO WHICH OF THESE REMEDIES IT SHALL PROVIDE. DRAKA EP SHALL NOT REIMBURSE OR MAKE ANY ALLOWANCE TO BUYER FOR ANY LABOR CHARGES INCURRED BY BUYER FOR REPLACEMENT, ADJUSTMENT, OR REPAIR OF ANY GOODS OR PARTS THEREOF OR FOR ANY OTHER WORK UNLESS SUCH CHARGES ARE AUTHORIZED IN ADVANCE BY DRAKA EP. (c) If any of the goods on which Draka EP’s warranties have not expired are claimed to be defective in material or workmanship, Draka EP shall either examine the goods where they are located or, in its sole discretion, issue shipping instructions for return of the goods or any defective parts thereof, if any goods or parts thereof are returned to Draka EP, the Buyer shall prepay all transportation charges for such return. (d) Any claim for breach of Draka EP’s warranties shall conclusively be deemed to be waived unless written notice of such claim is given to Draka EP within ten (10) days after the date on which the claimed defect is discovered. (e) Draka EP’s warranties shall be null and void if the original buyer for use transfers ownership of the warranted goods, unless Draka EP is notified in writing of the transfer and of the name and address of the new owner within fifteen (15) days after the date on which the transfer is made. (f) Draka EP’s warranties shall not apply to any goods or parts thereof which have been subjected to any misuses, neglect or accidental damage or which contain defects which are in any way attributable to improper installation or to alterations or repairs made or performed by any person or entity not under the control of Draka EP. Further, Draka EP’s warranties shall not apply to any goods or parts thereof which are obtained from manufacturers other than Draka EP and resold by Draka EP. (g) THE WARRANTIES SET FORTH HEREIN ARE DRAKA EP’S SOLE AND EXCLUSIVE WARRANTIES FOR OR RELATING TO THE GOODS. DRAKA EP NEITHER MAKES NOR ASSUMES ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE, ANY WARRANTY THAT THE GOODS SHALL BE DELIVERED FREE OF THE RIGHTFUL CLAIM OF ANY THIRD PERSON BY WAY OF INFRINGEMENT OR THE LIKE, OR ANY OTHER WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. DRAKA EP NEITHER ASSUMES NOR AUTHORIZES ANY PERSON OR ENTITY TO ASSUME FOR IT ANY OTHER LIABILITY OR OBLIGATION IN CONNECTION WITH THE SALE OR USE OF THE GOODS, AND THERE ARE NO ORAL AGREEMENTS OR WARRANTIES COLLATERAL TO OR AFFECTING THE SALE OF THE GOODS. (h) DRAKA EP’S WARRANTIES, OBLIGATIONS AND LIABILITIES AND BUYER’S REMEDIES SET FORTH HEREIN ARE LIMITED TO THEIR PRECISE TERMS. DRAKA EP SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, FOR, RESULTING FROM OR IN CONNECTION WITH ANY BREACH OF WARRANTY. THE OBLIGATIONS AND LIABILITIES OF SELLER AND THE REMEDIES OF BUYER SET FORTH HEREIN SHALL BE THE BUYER’S SOLE AND EXCLUSIVE REMEDIES FOR, RESULTING FROM OR IN CONNECTION WITH DRAKA EP’S WARRANTIES OR ANY BREACH THEREOF.

Orders may be canceled only with Draka EP’s written consent.

Ordering information

All cataloged items are generally in stock and available for immediate delivery. Call Draka EP for the name of the distributor nearest you. Draka EP reserves the right to improve, enhance, or modify the features and specifications of Draka EP products without prior notification.

Whisper-Flex, QuietLink II, Easy-Balance, Super-Flex, Super-Duct, Draka Elevator Products and the Draka Globe design are registered trademarks of Draka Elevator Products, Inc. All other trademarks are the properties of their respective owners.