Terms of Sales

1. ACCEPTANCE: This acknowledgment constitutes the agreement of Airtronics Inc to purchaser. Order shall be subject to acceptance by Airtronics Inc. and to all standard terms and conditions contained herein. Any terms and conditions contained in the Purchaser's purchase order or request for quotation which are different from, in addition to, or vary from Airtronics' terms and conditions shall not be binding upon Airtronics and Airtronics hereby objects thereto unless expressly agreed upon in writing by Airtronics. Airtronics objects and takes exception to any terms in purchaser's contract that are contrary to our terms and conditions.

2. SPECIFICATIONS: The products in this acknowledgement and all quotations meet only those specifications stated on the face of this acknowledgement and in the applicable manufacturer's catalog and/or specifications. MANUFACTURER SPECIFICATIONS WILL BE FURNISHED UPON REQUEST.

3. RECOMMENDATIONS: The information on seller quotations, letters and drawings is suggested with respect to requirements disclosed by the customer. Not withstanding any oral statements to the contrary. Airtronics makes no representations or warranties of any kind relative to such information and expressly disclaims any liability, therefore, it is customer's responsibility to determine suitability of any such information for its applications. Any and all specified intended uses should be confirmed by purchasers independent testing.

4. SAFETY DEVICES: Since its equipment is often incorporated into customer's systems and equipment, Airtronics will not be responsible for the recommendation, design, or installation of safety devices, and does not warrant or represent that equipment quoted meets any safety requirements other than those published in the equipment manufacturer's catalog for which the manufacturer is responsible. Airtronics suggests that any machine, which has inherent danger, should be completely shielded by a safety control system integrated in the main control system.

5. WARRANTY: The only warranty on products sold are those set forth in the manufacturers express warranty, applicable to the component parts used in Airtronics' assembled products. There are not warranties that extend beyond the description on this page.
a) Airtronics warrants, except as hereinafter provided, each product sold hereunder which is assembled by it to be free from defects in assembly under normal use and service for a period of one year after shipment thereof to the original Purchaser.
b) AIRTRONICS' WARRANTY EXTENDS ONLY TO THE PRODUCTS ASSEMBLED BY IT AND IS, TO THE EXTENT PERMITTED BY LAW, IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY PRIOR WRITTEN OR ORAL REPRESENTATIONS REGARDING SUCH PRODUCTS MADE BY AIRTRONICS, ITS EMPLOYEES, AGENTS OR REPRESENTATIVE.
c) PRODUCTS OR COMPONENTS THEREOF, SUPPLIED BY ANY OTHER PARTY TO AIRTRONICS WHICH ARE NOT ASSEMBLED BY AIRTRONICS ARE COVERED ONLY BY THE INDIVIDUAL WARRANTY OF SUCH OTHER PARTY AND COPIES OF SUCH WARRANTIES WILL BE FURNISHED UPON REQUEST.

6. RETURNS: Prior to return of any parts, issuance of a return authorization must be pre- arranged with Airtronics. No returns will be accepted without an RMA# being issued. Airtronics reserves the right to inspect products claimed defective under warranty either at the Purchaser's location or at Bellevue, Washington. Products so returned shall be returned to Airtronics' plant freight prepaid. Any product proving defective due to faulty assembly (by Airtronics) within one year from date of shipment will be replaced or repaired free of charge as set forth in manufacturer's warranty , F.O.B. Airtronics plant Bellevue, Washington. Airtronics assumes no liability for labor charges incidental to the adjustment service, repairing, removal or replacement of the product or other costs, or for the expense of repairs made outside of its factory except when made pursuant to Airtronics prior written consent. Airtronics, at its option, may ship a replacement or replacements immediately under standard billing and make warranty adjustment after inspection of the defective product by means of credit memorandum.

7. LIMITATION OF LIABILITY: No claim made hereunder by the Purchaser, whether as to goods delivered or for non-delivery shall be greater than the purchase price of the goods in respect of which such claim is made, and Airtronics shall under no circumstances be liable for consequential damages.

8. DELAYS: Airtronics shall not be liable for damages or for delays in performance due to circumstances beyond its reasonable control including, without limiting, the generality of the foregoing, any priority system established by any agency of the United States Government fires, floods, storms, and other acts of God, accidents, strikes, insurrections, war, shortage of materials, lack of transportation and failure of performance of subcontractors and/or suppliers for similar reason. Failure of Airtronics to perform for these reasons aforesaid shall not be grounds for Purchaser's cancellation of its order, but the delivery date shall be extended accordingly.

9. CHANGES: Prior to the date of delivery of any product or products hereunder, the Purchaser shall have the right to make changes in its order provided that Airtronics receives written notice of the desired changes and accepts the same, and provided further that the Purchaser accepts the additional charge therefore as determined by Airtronics. Changes which interfere with or alter Airtronics' production schedules will not be acceptable unless the time of performance is extended for such period as deemed necessary by Airtronics. Failure of Airtronics to accept a Purchaser's request to change its purchase order shall not be cause for Purchaser's cancellation of its order except upon payment of a cancellation charge to be determined by Airtonrics.

10. FREIGHT CARRIER POLICY: Airtronics sells it's product F.O.B. factory, customer is responsible for freight charges. As a convenience Airtronics generally ships products prepaid and adds the freight to invoice. If purchaser specifies a specific carrier, Airtronics will make every effort to accommodate such requests. Since purchaser is responsible for the freight charges if an error is made relating to the method of shipping, Airtronics will deduct 15% off the freight charges invoiced and the customer will pay the remaining amount. Refusal to pay freight costs or automatic debit in dispute will be considered as any other non-payment of debt and treated as such.

11. PAYMENTS TERMS: Net 30 days from date of shipment, (where credit has been approved), otherwise all shipment will be on COD basis. A service charge at maximum rate allowed by law will be charged on balances which are over 30 days. F.O.B. shipping point unless otherwise stated.

12. COLLECTIONS: In the event that any amount due to Airtronics by customer is not paid when due, in addition to all rights and remedies provided by law and these conditions of sale, purchaser shall pay to Airtronics all costs, expenses and fees, including reasonable attorney's fees, expended by Airtronics to collect the amount due.

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