The terms and conditions set forth in this document shall become binding on the parties by: Seller’s written acknowledgment of the order, receipt of an authorized purchase order from the Buyer or Seller’s delivery of the Goods, in whole or in part.
The terms of the sale are expressly limited to the terms and conditions as set forth herein unless modified by those of Seller’s quotation or sales acknowledgment. Any and all terms set forth on Buyer’s purchase order or otherwise proposed by Buyer are hereby objected to and shall be void unless expressly agreed to in a writing signed by Seller.
DELIVERY, TITLE & RISK OF LOSS
Delivery dates are approximate and are based upon prompt receipt of all necessary information from Buyer. Delivery shall be made and title and risk of loss shall pass to Buyer upon Seller placing the Goods with a carrier FOB point of shipment or Buyer’s designated consignee. Receipt of the Goods by Buyer FOB point of shipment shall constitute Buyer’s acceptance for delivery and waiver of any and all claims against Seller for loss or damage incurred.
No claims for errors in shipment will be considered unless made within 10 days after receipt of materials nor unless accompanied by necessary papers or documents to substantiate the claim. Claim for loss or damage in transit must be entered and prosecuted by Buyer.
Prices quoted by Seller are subject to change without notice. In general, Seller’s prices in effect at the date accepted by both Buyer and acknowledged by Seller with an authorized purchase order will govern. However, in certain instances price protection may not be afforded therefore price will be in effect at time of delivery.
No products sold by Seller may be returned without receiving proper authorization. Certain products sold by Seller such that shelf life may limit or eliminate the products usefulness, are not returnable. All returns are subject to a 20% restocking charge and all freight charges when applicable. Request for return authorizations must be made within 10 days of receipt of materials.
Warranties of any product sold but not manufactured by Seller are strictly those warranties provided by the original equipment manufacturer. Seller makes no warranties which extend beyond the warranty period of the OEM.
Should if be found that the cause of any defects or damage to the products sold by Seller not be covered for any reason by the OEM under their warranty program, with such final determination being solely the decision of the OEM, then Buyer accepts to pay for all costs of labor, materials and other reasonable incidental charges that Seller incurs on behalf of Buyer to bring the product back into working condition.
Specific details of Sellers warranty for products manufactured by Seller or products that were rebuilt or remanufactured buy Seller can be found on our web site.
In addition to any price specified herein, Buyer shall pay the gross amount of any present or future sales, use, excise, value-added, or other similar tax applicable to the price, sale, use or delivery of the Goods or Buyer shall furnish Seller with evidence of exemption acceptable to the taxing authorities. Any exemption claimed from the application of such taxes should be plainly designated on the face of the orders placed for the Goods.
Seller shall not be liable for delays or failures in delivery, damage to Goods, or performance due to acts of God, governmental authority or public enemy, fire, flood, strike, labor disturbance, epidemic, war, riot, civil disturbance, power failure, embargoes, shortages in materials, components or service, boycotts, transportation delays or any other cause beyond Seller’s control. In the event of such delay or failure, these terms and conditions shall not terminate, but the date of delivery or performance shall be extended for a period equal to the time lost by reason of the delay.
Except as otherwise specified by Seller in writing, terms for payment are NET 10 days, as full or partial shipments are made to Buyer. All invoices are due and payable in cash in United States of America funds. In the event Seller consents to delay shipments after completion of the Goods or any portion thereof, payment shall become due upon notice to Buyer that such Goods are ready for shipment and such Goods shall thereafter be held at Buyer’s risk and expense.
LIMITATION OF LIABILITIES
In no event shall Seller be liable (whether as a result of breach of contract or warranty, in tort or otherwise) for special or consequential damages, including but not limited to loss of use, data, business or income, damage to associated equipment, cost of substitute goods, facilities or services, downtime costs or claims of Buyer’s customers for such damages. In no event shall Seller’s liability exceed the price of the Goods which give rise to the claim. Seller shall have no liability with respect to or arising our of information or advise furnished by Seller which is not contractually required by this Agreement.
CANCELLATION BY BUYER
These terms and conditions, once a purchase orders is placed by the Buyer and accepted by Seller may NOT be canceled by Buyer without the prior written consent of Seller, which consent may be granted or withheld in Seller’s sole discretion. In the event of such cancellation, Buyer shall be liable to Seller for all costs incurred prior to cancellation.