1. Payment terms are net thirty (30) days from the invoice date with prior
2. All prices are F.O.B. Transducer Techniques, plant unless otherwise
specified and are firm for thirty (30) days from the date of quotation.
3. Title to merchandise passes to the Purchaser upon Company delivery
to a carrier at Transducer Techniques, plant, 42480 Rio Nedo, Temecula,
4. Normal shipment method is UPS. Purchaser can specify any other shipping
method. Shipping cost normally will be prepaid and added as a separate
item on the invoice.
5. If the financial condition of the Purchaser is not satisfactory to
Company, the Company may cancel the order or require full or partial payment
Prices published in catalogs, bulletins, or price lists are not offers
to sell and are subject to change without notice. General price information
should be specifically confirmed.
The Company reserves the right to change or modify, at any time or without
notice, any product, or to discontinue the manufacture of any product.
The Company reserves the right to make partial shipments of equipment
as fabrication is completed. Partial shipments will be invoiced at standard
terms. Delivery information is approximate and refers to time of delivery
to carrier and is made in good faith. Delivery schedules are not guaranteed
and the Company will not accept any liability for any penalty or damages,
liquidated or otherwise, for delayed shipments or installations.
In the event of cancellation, Purchaser shall pay to the Company promptly
upon receipt of invoice from the Company:
(a) The full contract price for all products which shall have been completed
prior to the Company's receipt of notice of cancellation.
(b) All costs actually incurred by the Company in connection with the
uncompleted portion of the order.
(c) Cancellation charges incurred by the Company on account of its purchasing
commitments made under the order.
The Company's liability under this warranty or any other warranty, whether
expressed or implied in law or fact, shall be limited to the repair or
replacement of defective material and workmanship; and in no event shall
the Company be liable for consequential or indirect damages.
Acceptance of this offer is expressly conditional on Purchaser's acceptance
of all Company's terms. Neither modification of, nor addition to, the
foregoing terms of sale and shipment, oral or written, nor any conflicting
terms or conditions incorporated in Purchaser's order, are a part of the
contract unless specifically agreed to by the Company in writing and signed
by an officer of the Company.
The Company makes no representations as to whether goods being sold are
free of the rightful claim of any third person by way of infringement
of similar claims and disclaims any warranty against infringement or similar
claims with respect to the goods.
Selected software and hardware, drawings, diagrams, manuals, specifications
and other material furnished by the Company relating to the use and service
of articles furnished hereunder, including any information, may be identified
as proprietary to the Company. Such software and hardware, diagrams, manuals,
drawings, specifications and other materials, have been developed at great
expense and are considered to be trade secrets of the Company. Buyer may
not reproduce in any way without the expressed written permission of
the Company, such diagrams, drawing, manuals, specifications and other
materials, except as needed to operate and maintain the equipment supplied
by the Company. All documents and /or material aforementioned relative
to the articles, supplied directly by the Company(except information as
may be established to be in the public domain, or disclosed pursuant to
judicial or Government action) shall be received in confidence.
No agent, employee or representative of the Company has the authority
to bind the Company to any affirmation, representation or warranty concerning
the goods sold under this contract, and unless an affirmation, representation
or warranty made by an agent, employee or representative is specifically
included within this bargain , it shall not in any way be enforceable
by the Purchaser.
Items requested to be returned for credit are subject to: Transducer Techniques
approval along with the authorization number; Restocking charge of 20%
, a one direction calibration charge plus any rework. Return transportation
to be prepaid.