Terms & Conditions
TERMS AND CONDITIONS
GENERAL - No addition to or modification of any of the Standard Terms and Conditions of Sale as they appear herein for component sales of the Seller shall be binding upon Seller unless signed in writing by a duly authorized representative of the Seller.
TERMS - Terms to customers of satisfactory credit are: Net 30 days from date of shipment. To avoid delay in filling orders, purchasers without previous experience with Seller should include credit information or references with their first order, remit cash or pay with VISA/Mastercard/AMERICAN EXPRESS.
Amounts past due are subject to a service charge of 1 1/2% per month (or fraction thereof). Buyer will be required to pay all costs of collection, including reasonable attorney’s fees.
For export trade, terms are sight-draft against letter of credit payable in the United States. Letter of credit must be irrevocable and confirmed by a United States Bank acceptable to the Seller.
SHIPPING TERMS - F.O.B. point of origin. Transportation costs for all products and equipment shipped by Seller will be prepaid and billed to the Buyer, or charged to the buyers consignee freight account.
SHIPMENT - Scheduled or stipulated shipping dates are approximate and based upon prompt receipt of all necessary information from Buyer.
Seller shall not be liable for any loss, damage, or delay in delivery due to causes beyond its reasonable control, or acts of God, acts of the Buyer, acts of civil or military authority, fires, strikes, floods, epidem¬ics, quarantine restrictions, wars, riots, delays in transportation, transportation embargoes, or inability due to causes beyond its reasonable control to obtain necessary engineering talent, labor, materials, or manufacturing facilities. In the event of such delay, the delivery date shall be extended for that length of time as may be reasonably necessary to compensate for the delay. Regardless of the reason for delay Seller will not be liable for any incidental or consequential damages resulting from any delay.
RESPONSIBILITY AND TITLE - Title in the equipment shall remain with Seller as security only and unit full payment therefor. Risk of loss for the equipment shall pass to Buyer upon shipment from F.O.B point.
DAMAGE CLAIMS ALL - Claims for breakage and damage whether concealed or obvious must be made to the carrier by the Buyer as soon as possible after receipt of the shipment. Seller will be glad to render the Buyer reasonable assistance in the securing of adjustment for such damages.
EXPORT PACKING - Seller will supply equipment for under-deck overseas shipment packed in accordance with its regular export standard, at no additional charge to Buyer. Where such packing for export must conform to definite specifications that differ from the Seller standard, the Buyer will be charged for the extra cost thus incurred.
SHIPPING WEIGHTS AND DIMENSIONS - Published weights are careful estimates but are not warranted. Dimensions shown in catalog are approximate. For construction purposes certified dimension drawings can be obtained upon request to the nearest sales office.
QUOTATIONS - All written quotations automatically expire unless accepted within 30 days from the date quoted. Verbal quotations expire within 48 hours. Quotations to be binding must specifically identify equipment and list the actual quantities involved. All clerical errors are subject to correction.
PRICE CHANGE - Unless otherwise agreed in writing between Seller and Buyer, Seller reserves the right to increase or decrease any price with any such increase or decrease to apply to any portion(s) of the sale which is unshipped as of the effective date of such change. Such price change will not apply to any portion(s) of the sale shipped and billed prior to the effective date of the price change.
TAXES - The Buyer shall pay or reimburse Seller for all sales, use, excise or similar taxes.
CATALOG PRICES - Prices shown in any Seller publication are subject to change without notice and are not to be construed as a definite quotation or offer to sell by Seller. Such literature is maintained only as a source of general information, and any prices shown therein are subject to confirmation with a specific quotation.
WARRANTY - Any product or part manufactured by others or merely sold or installed by Seller is specifically not warranted by the seller and it is agreed that such product or part shall carry the war-ranty, if any, supplied by the manufacturer. It is furthermore specified that the Buyer must look directly to such manufacturer for any defect, failure, claim or damage caused by such product or part, including power transistors.
Seller however will not be liable for any failure based upon a design furnished by Buyer and incorporated into equipment manufactured. Repaired equipment warranties shall be that so noted at time of repair; generally, complete control repairs are warrantied for one (1) year from date of invoice and printed circuit board repairs are warrantied for one (1) year from date of invoice. The warranty on repair shall only apply to parts repaired or replaced by Seller. No separate warranty shall apply to repaired equipment as a whole or parts not repaired or replaced by Seller.
Satisfaction of this warranty, consistent with other provisions herein, will be limited to the replacement or repair or modification of, or issuance of a credit for, the equipment involved at Seller option. If Buyer elects field service in lieu of repair, Buyer shall pay all travel and living expense for field service personnel. Such warranty satisfaction available only if (a) Seller is promptly notified in writing upon discovery of an alleged defect and (b) Seller examination of the subject equipment discloses, to its satisfaction, that any defect has not been caused by misuse; neglect; improper installation; improper operation; improper maintenance, repair or alteration; accident; or unusual deterioration or degradation of the equipment or parts thereof due to physical environment or due to electrical or electromagnetic noise environment. This Warranty is in lieu of all other warranties whether expressed implied or statutory including implied warranties of merchantability or fitness and thereby excludes certifications or the like for equipment performance, use or design with respect to any standard, regulation or the like (unless and to the extent independently approved in writing at Seller Headquarters) and extends only tu buyer or customer purchasing from seller or an authorized distributor. General information such as schematic diagrams, instruction manuals and the like are furnished by Seller as a suggestion for the use of Seller products and in no way constitutes warranty of fitness of the equipment for a specific application.
Limitations of liability- In no event, whether or contract, warranty, tort (including negligence) or otherwise, shall seller or its suppliers be liable for special incidental exemplary or consequential damages including, but not limited to, loss of profits or revenue, loss of use of the covered equipment or any associated equipment, damage to associated equipment tools or work in process, cost of capital, cost of purchased power, cost of substitute equipment facilities or services, downtime costs, or claims of customers or purchaser for such damages. If purchaser furnishes seller services or materials to a third party by contract, purchaser shall obtain from such a third party provision affording seller and its suppliers the protection of the preceding sentence.
In no event shall Seller be liable for any loss or damage whatsoever arising from its failure to discover or repair latent defects or inherent in the design of the equipment.
RETURN OF PARTS OR EQUIPMENT - Authority for return of parts or equipment, whether under the Warranty Clause or otherwise must be obtained from Seller. Such authority shall be granted for each reasonable request. Unless such authority has been granted, shipment will be refused. All parts or equipment returned should include reference to all pertinent order information to include Return Authorized Number order, part, model, serial numbers as well as details of the problem. Cost for placing equipment returned for credit in a salable condition will be charged to Buyer, except for, and Seller will pay return transportation only for those returns based upon conditions or circumstances for which Seller is responsible by the terms and conditions herein.
Only purchases which have been invoiced to the purchaser within sixty days of his request to return same, will be considered for return. Material accepted for return is subject to a minimum service charge of up 25% of the billing invoice, plus all transportation changes incurred by Seller.
Apparatus built to a Buyer’s specifications cannot be returned for credit under any conditions. Apparatus, parts, or equipment returned for credit must be carefully packed so as to reach Seller without damage.
CANCELLATION AND TERMINATION - Any order placed with Seller may be canceled by the Buyer only upon payment of reasonable cancellation charges, which shall take into account expenses already incurred and commitments made by Seller.
No termination by Buyer for default shall be effective unless and until Seller shall have failed to correct such alleged default within 120 days after receipt by Seller of the written notice specifying such default.