Terms: Acceptance of this order is conditional on agreement by the Buyer to all terms herein. Buyer's agreement is assumed unless we are notified to the contrary prior to our invoicing. None of the provisions, terms and conditions contained in this document may be added to, modified, superseded or otherwise changed except by a written instrument signed by the Seller's authorized representative, regardless of any contrary or additional provisions contained in any purchase order or other form from the buyer.
FOB Point: The FOB Point is Boynton Beach, FL unless otherwise indicated on our Quotation or agreed to in writing by an authorized Seller representative.
Payment terms: Terms are net 30 days from date of invoice for established accounts where Seller has received adequate financial information to warrant extending credit to Buyer. Purchase orders from customers not meeting with Seller's financial approval are not accepted under credit terms.
Delivery: Delivery dates are Seller's best estimate of the time products will be shipped from our factory and we assume no liability for loss, damage, or consequential damages due to delays. No liability shall result from delay in performance or non-performance of this agreement, directly or indirectly caused by fire, explosion, accidents, flood, labor trouble or shortage, war, act of God or arising from contingencies, happenings, or causes beyond the control of the party affected.
Material Shortages: In the event of inability for any reason to supply the total demands for the materials specified in this order, Seller may allocate its available supply among any or all purchasers, as well as departments and divisions of the Seller, on such basis as it may deem fair and practical, without liability for any failure or performance which may result there from.
Taxes: Buyer shall reimburse Seller for all taxes, excises or other charges which seller may be required to pay to any government (National, State or Local) upon the sale, production or transportation of the commodities sold hereunder and amended from time to time.
Proprietary Information: All specifications, data, drawings, designs and software are proprietary information which are the sole and exclusive property of the Seller and purchaser agrees to retain any and all such proprietary information as Seller may disclose to him in confidence and not disclose it to other parties or use it except in inspection and evaluation purposes in connection with a contract with Seller.
Quantachrome Instruments warrants its instruments to be free from defects in material and workmanship for a period of one year from date of shipment under normal use and conditions.
For the period commencing with the date of shipment and ending one year later, Quantachrome will, at its option either repair or replace any part within an instrument that is found by us to be defective in material or workmanship, without charge to the customer, at our facility or at a customer's facility if the instrument purchased is backed by Quantachrome's on-site warranty as evidenced by the sales contract.
The customer is responsible for all transportation charges to our factory.
Damages during the warranty period resulting from unstable utilities, operator error or unauthorized repairs will not be covered by this warranty.
Parts purchases are warranted to be free of defects for 90 days from shipping date.
The following limits apply to our warranty:
Glassware, including Dewar flasks, is not covered under this warranty except if damaged during shipment. Claims for damage during shipping must be made in writing within 10 days of receipt of the goods.
Expendable items are warranted for 90 days for other than glassware breakage. Such items include, but are not limited to, sample tubes, lamps, fuses, valve plungers, seals, o-rings & other seals, hoses, flexible tubing, thermocouple vacuum tubes, filters, oils and other fluids.
Products sold by Quantachrome under their own brand name are not warranted by Quantachrome, but our best effort will be made to secure repair or replacement if found to be defective.
Warranty becomes void in the event of modifications or repairs by persons other than Quantachrome's service personnel, unless permission is given in writing for such repairs or modifications. Warranty is also void in the event of exposure to corrosive atmospheres of any kind.
Prior authorization must be obtained before returning any item to Quantachrome Instruments. Items must be decontaminated before return to Quantachrome.
Any and all computer program(s), software, firmware, code, data acquisition and/or data reduction methods, computations, graphical and/or tabular data reporting or presentation methods (collectively referred to as software) provided with or in or loaded into any part of the instrument or a computer supplied as part of a Quantachrome Instruments' instrument are provided "as is". Quantachrome Instruments warrants the software will perform substantially in accordance with the accompanying materials for the period of this warranty. All software is licensed and not sold. Quantachrome Instruments retains all rights to all software. You may not reverse engineer, decompile, or disassemble the software. You may not distribute or copy the software, except for the purpose of storing a back-up copy. The exclusive remedy for any software failing to perform substantially in accordance with the accompanying materials shall be, at Quantachrome's option, a) repair or replacement of the software; b) return of the amount paid for the software. You are not entitled to any damages, including but not limited to incidental, punitive, indirect or consequential damages including but not limited to loss of profits, business interruption, personal injury, and other pecuniary losses.