- 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 RIGHTS.
- 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 is affected.
- 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