Terms 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 sixty (60)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 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. Product Modification & Substitutions 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. Delivery Schedules 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. Cancellation 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. Claims 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. Modifying or Conflicting Terms 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. Patent Infringement 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. Confidential 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. Authority of the Company's Agents 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. Return Policy 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.
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