Terms of Sale

1. Inconsistent Terms. TENNANT EXPRESSLY CONDITIONS ITS OBLIGATION TO PERFORM ON BUYER'S ACCEPTANCE OF THESE TERMS AND CONDITIONS AND NO OTHER TERMS APPLY TO THE TRANSACTION.

2. Price. Prices do not include shipping charges, federal, state or local sales, duties, use or excise taxes.  These will be added during the checkout process.

3. Payment. Payment must be made by credit card (Visa, MasterCard, American Express)  Payments.  By completing the checkout process, you represent that you are authorized to use the account used for payment.

4. Order Modification. All sales are final after the checkout process is completed.  Any modification or cancellation after checkout may be done in Tennant’s sole discretion.

5. Shipping and Performance. Products purchased on the Tennant Recon website may only be shipped to locations in the contiguous (lower 48) United States.  Products are shipped FOB Shipping Point by a carrier selected by Tennant.  Title and risk of loss shall transfer to customer upon shipment. Tennant shall not be liable for damages or penalty for delay in delivery or for failure to give notice of any delay, and the carrier shall not be deemed to be an agent of Tennant. Buyer must inspect and report all claims for shortages or incorrect charges within 10 days after Buyer's receipt of that particular shipment. Requests for proof of delivery must be received in writing within 30 days after receipt of the invoice for the Products.

6. Product Returns. All Product returns must be authorized in advance by Tennant in Tennant’s sole discretion.

7. Limited Product Warranty. Tennant Company's standard limited warranty for the applicable pre owned product tier, is the sole and exclusive obligation to the Buyer for any Product sold under these Terms and Conditions.

8. Limitation of Liability. THE ABOVE-REFERENCED LIMITED PRODUCT WARRANTY IS EXCLUSIVE AND IS GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER REMEDIES. THESE ARE THE ONLY REMEDIES OF BUYER FOR ANY BREACH OF WARRANTY OR ANY OTHER CLAIM. TENNANT'S TOTAL LIABILITY ARISING OUT OF THE SUPPLYING OR USE OF PRODUCTS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE SHALL NOT IN ANY CASE EXCEED THE COST OF THE GOODS SOLD FOR WHICH ANY CLAIM IS MADE. IN NO CASE SHALL TENNANT BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES.
    

9. Telemetry. Buyer acknowledges and agrees that Tennant may equip its Products with telemetry devices for the purpose of recording and transmitting to Tennant information intended to improve Product serviceability.

10. Use of Orbio® Cleaning Solution Generators. Unless expressly authorized by Tennant, Buyer shall use Orbio Cleaning Solution Generators to generate cleaning solutions only for its own internal use and not resell the solutions to third parties. Buyer is responsible for ensuring that all cleaning solutions are labeled and used in accordance with applicable health and safety regulations.

11. Rights in Intellectual Property. All intellectual property rights in goods and services provided by Tennant are vested solely and exclusively in Tennant Company. No intellectual property rights in goods or services are assigned, licensed or transferred hereunder. 

12. Force Majeure. Tennant is not liable for any delay or failure to perform where, in Tennant's sole judgment, such timely performance is commercially impracticable, or where such delay or failure to perform is caused by conditions beyond Tennant's control, including, without limitation, acts of God, acts of governmental authorities, changes in applicable law, fire, flood, labor dispute, shortage, insurrection, war, or terrorism.
     
13. Choice of Law; Disputes. The Transaction, including these terms, shall be governed by and construed under the laws of the State of Minnesota and the United States of America, without giving effect to the principles of conflict of laws. This Agreement expressly excludes the provisions of the United Nations Convention on Contracts for the International Sale of Goods. The parties agree to make a good faith attempt to settle any dispute arising under this Agreement. If they are unable to resolve a dispute informally, the parties agree to make a good faith attempt to resolve the dispute by mediation in Minneapolis, Minnesota. If such mediation fails to resolve the dispute, the parties agree to arbitrate in Minneapolis, Minnesota pursuant to the Optional Expedited Arbitration Procedures of JAMS.

14. Severability. If any provision of this agreement is held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not be in any way affected or impaired.

15. Legal Compliance. Tennant and Buyer shall comply with all applicable federal, state and local laws, including, without limitation, the United States Foreign Corrupt Practices Act and Executive Orders 11246 and 13201.

16. Ethics Compliance. Tennant strives to conduct business in accordance with the principles in our Business Ethics Guide, available at tennantco.com . If you believe that Tennant has not lived up to these principles, you can anonymously report your concerns by using a toll-free hotline: 1-877-774-6504.

17. Assignment. This Agreement is not assignable without the prior written consent of Tennant. Assignment without such consent is void.

18. No Waiver. Either party's failure to enforce any term or condition in this agreement shall not be construed as a waiver of any right available to either party hereunder.