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Terms and Conditions
Sellers prices are subject to change without notice.
All shipments to buyer will be billed at Sellers prices, including
quantity extras, in effect on the days on which shipments are made.
All quotations, unless otherwise stated, are for immediate acceptance.
No contract or sale of goods manufactured by Seller is made until
Buyers order is accepted in writing at Sellers office
in Keene, New Hampshire, USA. Payment is due, without
any set-off or deduction, 30 days from date of invoice. Seller
will charge a 1% penalty per month to all invoices not paid
in full by the due date. Customer is responsible for all legal fees
plus interest if it becomes necessary to refer any invoices to a collection
attorney. The Seller reserves, at any time, the right to alter or
suspend credit and/or to change credit terms.
Buyers order is accepted subject to Seller being able to
obtain the necessary raw materials and subject to Sellers plant
schedule, Government priorities and other Government regulations that
may be issued from time to time.
Selling prices for material covered by Buyers order are exclusive
of Federal, State or Municipal Sales, Use or similar taxes by reason
of this Sale. Such taxes shall be for Buyers account, and added
to the invoice of material as a separate item, or separately invoiced,
and paid by Buyer.
Seller maintains ownership of all intellectual property rights relating
to products designed by Seller, including product designs, drawings,
trade secrets, specifications, processes and know-how. Seller
makes no warranty in regard to merchantability or fitness for a particular
purpose. Seller makes no warranty either express or implied. However,
should any material furnished by Seller prove defective due to defects
in manufacture or not as ordered, Seller will, in lieu of other claims
against it, upon due notice within a period of three (3) months after
date of shipment, replace it F.O.B. original point of delivery, on
return to Sellers plant of the defective material, but Seller
will not be liable for any damages, losses or expenses arising in
connection with, or by reason of the use of, or inability to use,
such material for any purpose whatsoever.
Copies of this warranty shall be transmitted by Buyer to all subsequent
purchasers.
No representative of Seller is authorized to make any warranties,
promises or representations as to any product, and none shall be binding
upon the Seller.
Acts of God or of belligerent powers, wars, sabotage, explosions,
riots, strikes, slowdown, lockouts, fire, floods, lightning, tornado
or wind, shortage of labor, fuel, power, materials or supplies, inability
to secure material, insufficient transportation facilities or delays
in transportation of product of material or supplies, or accidents
to plant or machinery, Government controls limiting production or
prices, allocations, Government take-over of product or facilities
and other Government interference or embargoes or other contingencies,
the non-occurrence of which was a basic assumption of Buyer and Seller,
shall give to Buyer and Seller the rights and obligations set forth
in Sections 2-615 and 2-616 of the Uniform Commercial Code.
Cancellation by Buyer cannot be effective except on terms that
will indemnify Seller from loss of the order. Buyers proposed
terms as to such indemnity and not as to other matters relating to
cancellation are accepted, if they fulfill this condition.
Orders for special material are not subject to cancellation. No material
(except defective material) will be taken back and credited or replaced
except upon consent and upon terms and conditions agreed upon by the
Seller in writing.
Seller objects to, and is not bound by, any terms or conditions on
Buyers order that attempt to impose upon Seller any terms or
conditions at variance with Sellers terms and conditions herein
set forth.
Stenographic and clerical errors are subject to correction.
The contract which results from Buyers order and Sellers
acceptance thereof is intended to be complete, and exclusive of any
additional terms, and cannot be subsequently modified except by a
signed writing.
Unless otherwise negotiated, seller is not responsible for Buyer supplied material on Toll Orders.
©2001 New England Interconnect Systems,
Inc., |
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