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Terms and Conditions

The following terms and conditions (“Terms and Conditions”) are for the sale of products or services (“Products”) by Industrial Electronics, Inc. to Industrial Electronics’ customers (“Customer”). These Terms and Conditions shall apply to the exclusion of all other terms referred to in any purchase order, acknowledgment, confirmation or any other documentation issued by either party. This agreement can only be modified in writing signed by authorized representative of both parties.

  • 1.) ORDERS - Orders will be initiated by Customer identifying the product, quantity, part number, price, and delivery date. Orders are subject to Industrial Electronics’ acceptance. All orders are considered non-cancelable and nonreturnable unless otherwise stated by Industrial Electronics, Inc. Industrial Electronics reserves the right to refuse an order at its discretion.

  • 2.) PRICES - Unless otherwise stated in writing from Industrial Electronics, prices are for Products only and do not include applicable taxes, duties, handling, freight, or any other fee or charge. All prices are “cash discount prices” and reflect a 3% discount for payment by cash, company check, bank money order, certified check, ach, or wire transfer. Payment by any other means may not qualify Customer’s purchase for the cash discount price.

  • 3.) TERMS OF PAYMENT - Orders are subject to credit approval by Industrial Electronics. Terms are Net 30 from date of invoice unless otherwise agreed by Industrial Electronics in writing. Prices are conditioned upon timely payment, and any past due balance will accrue interest at the monthly rate of 1.5%.

  • 4.) TITLE - All shipments are FOB point of shipment from Industrial Electronics facility, or in the case of drop shipment from a manufacturer/sub vendor, from the manufacturer/sub vendor’s facility.

  • 5.) Delivery - Selection of the carrier and delivery route will be made by Industrial Electronics unless specifically designated by the Customer. Drop shipment from the vendor to the customer may be used unless prohibited by the customer, If the customer does not specify that drop shipment is prohibited, they are agreeing to the product being drop shipped. Industrial Electronics will endeavor to meet requested delivery dates and quantities as ordered by Customer. However, Customers acknowledges that shipment and delivery dates provided by Industrial Electronics are estimates only, and that Industrial Electronics will not be liable for failure to achieve such dates. For the avoidance of doubt, delivery of Products within 30 days of the requested delivery date shall constitute full delivery. Delivery of a quantity within +/- 10% of the quantity ordered will constitute full delivery. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Products are deemed accepted by Customer unless Customer notifies Industrial Electronics of shortages, damage, or defects in writing within 5 business days of delivery.

  • 6.) WARRANTY - Customer acknowledges that Industrial Electronics is not the manufacturer of the Products. To the extent legally and contractually permitted, Industrial Electronics shall pass through to Customer any transferable Product warranties, indemnities, and remedies provided to Industrial Electronics by the manufacturer, including for intellectual property infringement. If required by law, Industrial Electronics warrants that at the time of delivery, Products will conform to the specifications stated by the manufacturer in its published data sheet for the Products. All warranty claims shall be time-barred 12 months from the time of delivery of the non-conforming Products.

    If Industrial Electronics performs value-added assembly work to Products, Industrial Electronics warrants such value-added assembly work will conform to the Customer’s written specifications accepted by Industrial Electronics for 90 days after Industrial Electronics delivery. Industrial Electronics makes no other warranty, express or implied, such as warranty of merchantability, fitness for purpose or non-infringement. Customer’s sole remedies for breach of Industrial Electronics warranty are, at Industrial Electronics choice: (a) repair of the Products; (b) replacement of the Products; or (c) refund of the Customer’s purchase price for the Products. Industrial Electronics makes no representation or warranty with respect to Software and will have no liability in connection therewith. Unless specifically stated in the Software’s applicable license agreement, Software is provided “as is” with no additional warranty.

  • 7.) PRODUCT RETURN - Customer may return Product to Industrial Electronics only with a return material authorization (RMA) number issued by Industrial Electronics. Customer must notify Industrial Electronics of a return for Product warranty in writing stating the specific Product defect within the warranty period. Industrial Electronics will only issue an RMA if the defect (either visual or Product warranty) is created solely by Industrial Electronics or the original manufacturer and only if Customer meets the notice requirement. Industrial Electronics will not grant RMAs for damage, shortage, or other discrepancy created by Customer, the carrier or freight provider, or any other third party. After receiving an RMA, Customer must return the Product adequately packaged to prevent any (further) damage to Product during shipment with the RMA identified on the exterior of the Product packaging. Product returned by Customer with an RMA without proper packaging may forfeit credit by Industrial Electronics.

  • 8.) LIMITATION OF LIABILITIES - Customer shall not be entitled to, and Industrial Electronics shall not be liable for, loss of profit, promotional or manufacturing expenses, overheads, business interruption costs, loss of data, removal or reinstallation costs, injury to reputation or loss of customers, punitive damages, IPR infringement, loss of contracts or orders or any indirect, special, incidental or consequential damages of any nature. Customer’s recovery from Industrial Electronics for any claim shall not exceed the purchase price paid for the affected products irrespective of the nature of the claim whether in contract, tort, warranty, or otherwise.

  • 9.) FORCE MAJEURE - Industrial Electronics is not liable for failure to fulfill its obligations under this agreement due to causes beyond its reasonable control (for example, acts of nature, acts or omissions of Customer, operational disruptions, man-made or natural disasters, epidemic medical crises, material or Product shortages or allocations, strikes, criminal acts, terrorism, delays in delivery or transportation, or inability to obtain labor, materials, or Products through regular sources).

  • 10.) EXPORT CONTROLS - Products purchased are subject to export control laws, restrictions, regulations and orders of the United States. Customer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country or to any denied, blocked or designated person or entity as mentioned in any such Untied States or foreign law or regulation. Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the products or services hereunder. Customer shall be responsible for obtaining any required license to export, re-export or import.
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