WARRANTY TERMS AND CONDITIONS
1) There are no warranties, representations or agreements which extend beyond the terms of this acknowledgment.
2) Unless otherwise specified and agreed upon, the material to be furnished will be subject to Seller’s standard inspection at place of manufacture. If inspection by Buyer is specifically required on an order, such inspection shall be so conducted as not to interfere unreasonably with Seller’s operations, and consequent approval or rejection shall be made before shipment of material. Notwithstanding the foregoing, if upon receipt of such material by Buyer the same shall appear not to conform to the contract between the Buyer and Seller, Buyer shall immediately notify Seller of such conditions and afford the Seller a reasonable opportunity to inspect the material. No material shall be returned without Seller’s written approval. Approval in the form of an authorized RMA# to be issued.
3) BTU Research, LLC., warrants to the purchaser of its products that the product will be free from defects in materials and workmanship. BTU Research, LLC., will replace any product which proves to be defective within the specific warranty time period so noted on each warranty statement. These warranty statements are available from BTU Research, LLC. This warranty does not extend to equipment utilized therewith or to any BTU Research, LLC. product which has been subjected to misuse, neglect, accident or improper installation. The foregoing is in lieu of all other warranties expressed, implied or statutory. BTU Research, LLC. will not be liable for any loss, damage, injury or expense of any kind or nature caused, directly or indirectly, as a result of having delivered a nonconforming product, including, without limitation, any such loss, damage, injury or expense arising from any interruption or service or for any loss of business whatsoever or however caused, and any lost profits or any other indirect, special or consequential damages. The sole remedy shall be the repair or replacement of the product.
4) Payment: Net 30 days from the date of invoice. Credit terms may be decreased, canceled or limited by seller or otherwise renegotiated between both parties and the price of any part of the material deliverable under this contract shall, at Seller’s option, be payable before shipment or on offer of delivery. Seller shall not be obligated to EAD-WTC012618 make any shipment when Buyer is in default to Seller under this or any other contract. Buyer shall make no deductions (including those for alleged demands) from payments due hereunder.
5) Seller’s obligation to produce or deliver hereunder is conditioned upon maintenance by Buyer of credit standing at least as high as when the order was accepted, and upon Buyer’s prompt payment when due of any sum owing by Buyer to Seller under an agreement between them. Unless otherwise provided on the face hereof, payment hereunder shall be due net 30 days after invoice.
6) Unless otherwise stated herein, all prices are BTU Research, LLC., F.O.B Houston, TX 77056. Method of delivery and routing shall be at Seller’s discretion unless specifically designated by Buyer. Notwithstanding any agreement to pay freight, delivery of goods purchased hereunder to a common carrier of licensed trucker shall
constitute delivery to Buyer, and all risk of loss or damage in transit shall be borne by buyer.
7) The price stipulated does not include any taxes in the nature of sales or use taxes unless such tax be described and shown separately on the face hereof. Buyer shall bear all taxes, if any, applicable to this sale, whether or not so described and shown.
8) Buyer shall indemnify, defend and hold Seller harmless from and against all claims, suits, judgments, cost, losses, expenses (including attorney’s’ fees) and liabilities from infringement (actual or claimed) of patents, copyrights or trademarks arising from compliance with Buyer’s design, specifications or instructions and the fulfillment of Buyer’s order.
9) It is the desire of Seller to meet requested delivery schedules. However, Seller will not incur any liability arising out of any delay in delivery for any reason other than an arbitrary refusal of Seller to perform. Delivery dates furnished by Seller represent the best estimates of the time required to make the shipment.
10) The terms and provisions of this quotation shall be controlling. Any objection to any term hereof must be in writing and shall not be timely unless received by Seller within five days of Buyer’s receipt hereof. If Buyer shall make timely objection to any term hereof, Seller shall have the right to withdraw its acceptance and this
acknowledgment. If Buyer raises no objection to any term hereof prior to delivery by Seller, Buyer shall conclusively be deemed to have accepted all of the terms and provisions of this quotation.
11) For prices quoted in currency other than US Dollars, fluctuations of 2% against the US Dollar exchange rate will be reflected on actual invoice.