Terms & Conditions
Unless otherwise provided, all sales of Seller's products are made on these Terms and Conditions of Sale. To the extent of any conflict, these Terms and Conditions shall take precedence over Buyer's Terms and Conditions. Seller shall not be bound by Buyer's Terms and Conditions unless Seller expressly so agrees. In the absence of written acceptance of these Terms and Conditions, acceptance of or payment for the products purchased shall constitute acceptance of these Terms and Conditions of Sale.
2. Price, Payment and Delivery
(a) All prices quoted are subject to change, without notice, at any time prior to acceptance by Buyer, to prices prevailing at the time of acceptance. The price of the products shall be as stated on the face of the Proforma Invoice, Invoice or Order Acknowledgment.
(b) Unless otherwise specified, Payment shall be in advance of delivery or C.O.D. Payment shall include all transportation costs, associated delivery charges and, if applicable, insurance costs.
(c) All deliveries are FOB Seller's point of shipment. Delivery dates are best estimates only. In no event shall Seller be liable for any consequential, special or contingent damages due to late delivery. Unless otherwise expressly agreed, choice of carrier shall be Seller's.
Products are warranted against defects in material and workmanship for one (1) year on the electronics and three (3) years on the mechanical from date of delivery to Buyer. During the warranty period, upon notice to Seller of such defects and upon receipt of the returned Product, Seller shall, at its option, refund the purchase price, repair or replace the Product. Product must be returned to Seller at Seller's place of business. THIS WARRANTY EXTENDS TO BUYER ONLY. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Resale, lease or rental of the products sold hereunder shall void this warranty.
4. Limitations of Liability
No action shall be brought for any breach of this contract more than one (1) year after the accrual of such cause of action. The remedies provided herein are Buyer's sole and exclusive remedies. IN NO EVENT SHALL SELLER BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER BASE ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY.
Prices do not include Federal, State and Local Excise, Sales, Use or similar Taxes. Any personal property taxes assessable on the Product sold shall be borne by Buyer after delivery.
6. Cancellation and Termination
(a) In the event of cancellation by Buyer after work on Buyer's order has commenced, Buyer agrees to pay the cost of all work in process for the order.
(b) In the event Seller is unable to wholly perform because of any cause beyond its control, Seller may terminate this order without any liability to Buyer.
Returns will be considered on their merit.