1. Payment terms are net thirty (30) days from the invoice date with prior credit approval.
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, CA 92590.
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 in advance.
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.