Terms & Conditions of Sale
The following Terms and Conditions apply to all quotations and/or services offered
by PressureLinks, L.P. ("Seller). The offer and the sale of any goods
or services to any customer ("Buyer") shall be expressly limited
to and governed by all the following Terms and Conditions. Buyer's order
for any goods or services shall constitute Buyer's agreement to these Terms
and Conditions. Seller objects to any Terms and Conditions from Buyer and
such Terms and Conditions shall not become a part of this sale.
- Payment: Payment shall be made by Buyer net 30 days from the date
of delivery of the items purchased. Buyer agrees that amounts not timely
paid shall bear interest at the rate of 1-1/2% for each month or portion
thereof that Buyer is late in making payment.
- Delivery: Delivery shall be F. O. B. Seller's location. Any delivery
dates shown are approximate only and Seller shall have no liability
for delays in delivery. Seller will ship with a carrier as instructed
by Buyer and Buyer will assume all risk of loss. Buyer must instruct
Seller if Buyer desires to ship with a declared value.
- Warranty: Seller warrants that items shall be free from defects in
workmanship for a period of 1 year from delivery to Buyer. This warranty
comprises the sole and entire warranty. The warranty does not apply
to parts that have been misused, misapplied, deformed, or modified in
any manner by Buyer. Seller makes no other warranty, guarantee, or representations
of any kind whatsoever and expressly disclaims the warranty of merchantability
and warranty of fitness for a particular purpose.
- Limitation of Remedy: Seller's liability arising from or in any way
connected with the goods and services sold shall be limited exclusively
to repair or replacement of the items sold, or refund of purchase price,
at Seller's sole option. In no event shall Seller be liable for any
incidental, consequential, punitive, exemplary or other damages of any
kind or nature whatsoever. Notwithstanding any other documents or agreements,
Seller expressly limits any liabilities of any sort to the purchase
order value of the goods or services sold not to exceed a maximum of
$5,000 per purchase order.
- Indemnification for Infringement of Intellectual Property Rights:
Seller shall have no liability for infringement of any patents, trademarks,
copyrights, trade dress, trade secrets or similar rights for items sold
based on Buyer's design. Buyer shall defend and indemnify Seller for
all costs, expenses or judgments resulting from any claim.
- Order Changes and Cancellation: Seller will promptly respond to any
Buyer request for order changes and cancellations so as to minimize
costs to Buyer. Buyer shall be responsible for Seller's costs and reasonable
profit for order changes and cancellations. If an acceptable agreement
cannot be reached, Seller shall complete items to original order and
Buyer shall be responsible for original order purchase price.
- Price Quotations: All written price quotations are valid for 30 days
from the date of the quote. All quotes for non-stock and/or custom products
are priced as a package. Any change in quantity of parts ordered from
the quote quantity may result in a price adjustment.
- Return policy: Seller will not accept returns without prior authorization
from Seller. Returns are accepted within six months (180 days) of sale
date. Only standard adapters that are active items in current demand
will be considered for return for credit. Non-standard and custom parts
will not be accepted for return. All goods will be subject to re-inspection.
Buyer shall pay a 15% charge of the original purchase price to cover
re-inspection, remarking and restocking. Shipping charges will be at
the Buyer's expense.
- Inspection Policy: Buyer is responsible for inspecting all parts and
for notifying Seller of any discrepancies in writing within 60 days
of Seller's shipment of Buyer's parts, after such time Buyer waives
all rights due to product non-conformance to specifications.
- Governing Law: This sale shall be governed and construed in accordance
with the laws of the State of Texas and the state and federal courts
situated in Houston, Harris County, Texas shall have exclusive jurisdiction
and venue of any disputes arising under or in relation to this sale.
EACH PARTY HEREBY WAIVES ITS RIGHTS TO A JURY TRIAL AND/OR ARBITRATION
OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT.
THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND
ALL DISPUTES. EACH PARTY HEREBY FURTHER WARRANTS AND REPRESENTS THAT
SUCH PARTY HAS REVIEWED THIS WAIVER WITH ITS LEGAL COUNSEL, AND THAT
SUCH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ITS JURY TRIAL AND ARBITRATION
- Force Majeure: Neither party shall be liable in damages or have the
right to terminate any purchase of goods or services for any delay or
default in performing hereunder if such delay or default is caused by
conditions beyond its control including, but not limited to Acts of
God, government restrictions (including the denial or cancellation of
any export or other necessary license), wars, insurrections and/or any
other cause beyond the reasonable control of the party whose performance
- Entire Agreement: These Terms and Conditions shall represent the entire
Agreement pertaining to the purchased items. These Terms and Conditions
supersede and are superior to the terms of the Buyer's purchase order.
For any non-standard, custom or standard fittings,
please call for quote.