Standard Terms and Conditions
Standard Terms and Conditions
Supplier shall not be bound by any term proposed by Buyer in the absence of written agreement to such term signed by an
authorized officer of Supplier.
(A) Supplier reserves the right to change product prices at any time but, whenever practicable, Supplier will give Buyer at
least thirty (30) days written notice before the effective date of any price change. Unless Supplier has specifically
agreed in writing, signed by an authorized officer of Supplier, that a quoted price shall not be subject to change for a
certain time, all products shipped on or after the effective date of a price change may be billed at the new price level.
(B) Whenever Supplier agrees to a modification of Buyer's order (which modification must be in writing and signed by an
authorized officer of Supplier), Supplier reserves the right to alter its price, whether or not such price was quoted
(C) Prices do not include federal, state or local taxes, now or hereafter enacted, applicable to the goods sold. Taxes will
be added by Supplier to the sales prices whenever Supplier has legal obligation to collect them and will be paid by
Buyer as invoiced unless Buyer provides Supplier with a proper tax exemption certificate.
(2) PRODUCTION: Supplier may, at its sole discretion and at any time, withdraw any catalog item from further production without
notice or liability to Buyer.
(A) All late payments shall bear interest thirty (30) days after the due date stated on the invoice until paid at the lower of one
and one-half percent per month or the maximum rate permitted by law. All interest becoming due shall, if not paid when
due, be added to principal and bear interest from the due date. At Supplier's option, any payment shall be applied first
to interest and then to principal.
(B) It is the intention of the parties to comply with the laws of the jurisdiction governing any agreement between the
parties relating to interest. If any construction of the agreement between the parties indicates a different right given
to Supplier to demand or receive any sum greater than that permissible by law as interest, such as a mistake in
calculation or wording, this paragraph shall override. In any contingency which will cause the interest paid or
agreed to be paid to exceed the maximum rate permitted by law, such excess will be applied to the reduction of
any principal amount due, or if there is no principal amount due, shall be refunded.
(4) TITLE AND DELIVERY: Title to goods ordered by Buyer and risk of loss or damage in transit or thereafter shall pass to Buyer
upon Supplier's delivery of the goods at Supplier's plant or to a common carrier for shipment to Buyer.
(5) CONTINGENCIES: Supplier shall not be responsible for any failure to perform due to causes reasonably beyond its control.
These causes shall include, but not be restricted to, fire, storm, flood, earthquake, explosion, accident, acts of public enemy,
war rebellion, insurrection, sabotage, epidemic, quarantine restrictions, labor disputes, labor shortages, labor slow downs
and sit downs, transportation embargoes, failure or delays in transportation, inability to secure raw materials or machinery for
the manufacture of its devices, acts of God, acts of the Federal Government or any agency thereof, acts of any state or local
government or agency thereof, and judicial action. Similar causes shall excuse Buyer for failure to take goods ordered by
Buyer, from the time Supplier receives written notice from Buyer and for as long as the disabling cause continues, other than
for goods already in transit or specially fabricated and not readily saleable to other buyers.
Supplier assumes no responsibility for any tools, dies, and other equipment furnished Supplier by Buyer.
(6) LIMITED WARRANTY AND EXCLUSIVE REMEDY: Supplier warrants all catalog products to be free from defects in materials
and workmanship under normal and proper use and application for a period of twelve (12) months from the date code on the
product in question (or if none, from the date of delivery to Buyer.) With respect to products assembled, prepared, or manu-
factured to Buyer's specifications, Supplier warrants only that such products will meet Buyer's specifications upon delivery.
As the party responsible for the specifications, Buyer shall be responsible for testing and inspecting the products for adher-
ence to specifications, and Supplier shall have no liability in the absence of such testing and inspection or if the product
passes such testing or inspection. THE ABOVE WARRANTY IS THE ONLY WARRANTY EXTENDED BY SUPPLIER, AND
IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED (EXCEPT AS
PROVIDED HEREIN AS TO TITLE), ON ANY GOODS OR SERVICES SOLD OR RENDERED BY SUPPLIER, INCLUDING
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY
WILL NOT CREATE WARRANTY COVERAGE FOR ANY ITEM INTO WHICH ANY PRODUCT SOLD BY SUPPLIER MAY
HAVE BEEN INCORPORATED OR ADDED.
SUPPLIER'S ENTIRE LIABILITY AND BUYER'S EXCLUSIVE REMEDY UNDER THIS WARRANTY SHALL BE, AT
SUPPLIER'S OPTION, EITHER THE REPLACEMENT OF, REPAIR OF, OR ISSUANCE OF CREDIT TO BUYER'S
ACCOUNT WITH SUPPLIER FOR ANY PRODUCTS WHICH ARE PROPERLY RETURNED BY BUYER DURING THE
WARRANTY PERIOD. All returns must comply with the following conditions:
© 2002 Teccor Electronics
SIDACtor® Data Book and Design Guide
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