All prices and specifications are subject to change without notice. Unless specified otherwise on written quotation, quoted prices and Ex-Works. Seller's shipping point and valid for sixty (60) days from date of quotation.
Any tax or taxes that may be imposed upon the goods in connection with any transaction or part thereof between Buyer and Seller with respect to the goods hereunder, shall be invoiced to and paid by Buyer.
Terms of Payment
Net 30 days from the date of each invoice unless otherwise specified. Overdue accounts are subject to a charge of 18% per annum on the unpaid balance. Payment shall be in United States currency.
The quoted time of delivery is understood to be from date of receipt of all necessary information, including Buyer's approval, if applicable. Seller shall not be liable for any failure or delay in delivery due in whole or in part to, but not limited to, acts of God, strikes, fires, floods, accidents, riots, war, government acts or embargoes, government regulations, inadequate or interrupted transportation facilities, enemy action or any other causes beyond its control.
The Seller warrants that all Goods shall be free from defects in material and workmanship for 6 months from shipment date. The warranty applies only to Buyer who has fulfilled its obligations. The Seller’s liability shall be limited solely to, and at the Seller’s option, replace or repair free of charge the Goods or parts of the Goods which, after careful examination carried out at the Seller’s premises, are considered faulty by its technician. The replaced Goods are property of the Seller and must be returned on its request. The Seller shall not be liable for labor claims, downtime, lost profit direct consequential or incidental damage or injury to persons or property arising from the presence or use of any Goods sold. This warranty does not include those parts which due to their specific use are subject to short term wear and does not cover damages due to inaccurate or improper installation, usage, maintenance, technical service and to damages due to power fluctuation in case of electronic goods. The transportation fees to the Seller are at the Buyer’s charge. If following to technician’s inspection on request of the Buyer, the defects are found as not imputable to the Sellers, all expenses concerning the inspection will be charged to the Buyer.
Limitation of Liability
Seller's liability shall be limited solely to, and at Seller's option, replacement at original point of delivery, repair of, or reimbursement of the purchase price of any defective goods. Seller shall not be liable for labor claims, downtime, lost profit, direct, indirect, incidental, or consequential damage or injury to persons or property arising from the presence or use of any goods sold, rented, or loaned hereunder, whether used singularly or in combination with other goods. Seller shall not defend, indemnify or hold harmless others for any penalty, expense or liability.
Shortage and Breakage
Seller's responsibility for delivery of goods sold F.O.B. shipping point ends when the receipt if obtained from the consignor of the carrier. Buyer shall notify the Seller of any shortage or discrepancies within fifteen (15) days from receipt of the goods. In the event of loss or damage incurred in transit, the carrier shall be responsible and claims for parts broken or lost in shipment are to be filed with carrier by the Buyer.
Cancellation of Orders
If, for any reason, Buyer desires to cancel an order, such cancellation shall only be with the written consent of Seller, and then only after payment is made to Seller for all costs incurred which shall include but not be limited to, material, labor, overhead, and reasonable profit.
Returns and Restocking Charges
Goods may be returned only upon prior written authorization of Seller, Generally, consent, if given, will be upon the condition Buyer assumes all carrier charges, responsibility for damages in transit, and a restocking charge, and then only if the so authorized goods are in new and unused condition and returned with six (6) months from the original date of shipment.
Buyer's Purchase Order Terms
The terms on Buyer's purchase order shall not change, enlarge, or modify Seller's liability of obligations.
Labor Standard Compliance
Seller certifies that in the manufacture of goods covered hereby, Seller has complied with the provisions of the Fair Labor Standards Act of 1938, as amended. To the best of Seller's knowledge, the goods covered hereby comply applicable with the Occupational Safety and Health Act of 1970.
Every contract of sales shall be subject to all applicable state and federal statutes and regulations. The terms of this agreement shall be construed in accordance with the laws of the State of North Carolina.