TERMS AND CONDITIONS
Designatronics, Inc. and associated brands (Stock Drive Products, Sterling Instrument, QTC Metric Gears, Quality Bearings & Components, Advanced Antivibration Components).
As used herein, "Seller"
means Designatronics and its brands, "Buyer"
means any person ordering goods from Seller after November 24, 2014, and "person"
means any individual, corporation, company or other entity.
When ordering, specify part numbers, quantities, desired delivery date and shipping method. For larger production quantities, Seller will provide written quote of price and delivery on request. Seller will provide current price/stock status on any catalog item by telephone or e-mail request. Quotes for modified catalog parts or custom-made parts are available on request. Please send sketches or prints.
There is no minimum order for transactions done entirely on the eStore using a credit card payment. For open account with net 30 days payment terms, a minimum $50 + freight is required.
Prices shall be as in effect at time of purchase order or as agreed to in writing by Seller. Prices listed in its catalog or elsewhere are subject to change without notice. Please contact Seller to confirm price. Prices do not include freight, duties, special handling, certification, insurance or taxes, which are all Buyer’s responsibility.
Bank and 3 trade references are required for new accounts. Until account is approved, Seller may require cash in advance, payment by approved credit card or C.O.D.
For open accounts, terms are net 30 days, F.O.B. our plant. Open accounts are invoiced for goods/freight when shipped. Seller accepts VISA®, MasterCard®, and American Express®. Buyers paying by credit card are charged for goods/freight when shipped, subject to credit card approval. All past due amounts shall bear interest at one and one-half percent (1.5%) per month and Seller may recover all costs, including attorneys’ fees, incurred to collect any past due amount.
SHIPMENT; RISK OF LOSS:
Seller will ship goods as directed by Buyer or determined by Seller, usually UPS, DHL, FedEx, in any case at Buyer’s cost. Seller will endeavor to meet promised delivery dates. Buyer shall bear all risk of loss and damage after goods are delivered to carrier, including any loss or damage in transit.
RETURNS; EXCHANGES; SHORTAGES:
Buyer must get return authorization in writing. Seller must approve returns and exchanges in writing. Returns must be requested within 15 days after receipt of goods. Returned goods will be inspected and a restocking charge may be made. No credit will be allowed on custom-made, used or modified parts or parts purchased on a quantity basis. Shortages must be reported within 10 days after receipt; and if so reported, Seller will make up shortages at its cost.
TECHNICAL AND PRODUCT INFORMATION:
Seller disclaims responsibility for errors or omissions in any technical or product information contained in its catalogs or other sales materials. Buyer is solely responsible for determining if goods are suitable for purposes intended by Buyer and its customers and future users.
If it becomes necessary to cancel or revise an order prior to the order being shipped, Designatronics reserves the right to evaluate each order that is to be canceled or revised and determine if any charges are applicable. At the minimum, a 20% restocking charge will apply if an order is assembled and ready to ship prior to its cancellation or revision and the order is totally comprised of standard stock items. If the order contains other than stock items, an evaluation will be made based on the status of the order produced at Designatronics or its suppliers.
Seller warrants that all goods it sells will be free from material defects in manufacturing and workmanship by Seller: PROVIDED THIS LIMITED WARRANTY SHALL EXPIRE ONE (1) YEAR AFTER SHIPMENT F.O.B. OUR PLANT (the "Warranty Period") AND SHALL NOT APPLY:
unless Seller receives written notice of the breach of warranty within 30 days after discovery of the defect
or non-conformance and in any event within the one (1) year Warranty Period; and
to any goods which have been (i) repaired, altered or improperly installed, (ii) subject to improper storage,
(iii) damaged during or after transit, (iv) used or incorporated with or into any other product, machine or
equipment after Buyer or anyone using the goods has, or reasonably should have, knowledge or the defect
or non-conformance, or (v) manufactured, fabricated to assembled by anyone other than Seller.
ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE DISCLAIMED.
At Seller’s option, if it breaches the warranty set forth above, it may either (a) repair or replace defective or non-conforming goods or parts or (b) repay the price it received for goods, whichever it elects. As a condition precedent to either remedy, Buyer shall have paid the price of the goods and made them available for inspection at Buyer’s place or business or returned them at Seller’s request and cost and by the carrier it designates. BUYER SHALL HAVE NO OTHER REMEDY AGAINST SELLER, AND ALL OTHER REMEDIES ARE WAIVED, INCLUDING ANY RIGHT TO RECOVER CONSEQUENTIAL OR INCIDENTAL DAMAGES.
The limited warranty set forth above and these remedies shall extend only to Buyer and not to any subsequent buyer or user of the goods. In no event shall Seller’s liability for breach exceed the price paid for by the goods by Buyer.
GOVERNING LAW; EXCLUSIVE JURISDICTION:
This contract shall be governed by the substantive laws of New York, without regard to choice of law principles. The State and Federal courts in Nassau County, New York, shall have the exclusive jurisdiction and venue to adjudicate rights and duties under this contract.
PERIOD OF LIMITATIONS:
An action for breach of this contract, including breach of the limited warranty set forth above, or any other action relating to goods shipped by Seller or ordered by Buyer, must be commenced within one (1) year after the cause of action accrued.
All orders placed with Seller after November 24, 2014 constitute acceptance of these Terms and Conditions. All conflicting, inconsistent and additional terms and conditions are rejected unless contained in writing and signed by an officer of Seller. Buyer may not assign any rights or remedies under this contract without Seller’s prior written consent. If any part or provision of these Terms and Conditions is held to be invalid or unenforceable, such part or provision shall be deemed omitted, and that shall not affect the validity or enforceability of any other part or provision hereof.
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