TERMS AND CONDITIONS OF SALE
The Terms and Conditions of Sale hereinafter set forth govern the rights and obligations of the parties to this transaction and any terms and conditions inconsistent with such on Buyer's documents will be inapplicable unless agreed to in writing and signed by an authorized THERMOTION LLC representative. THERMOTION objects to other terms and conditions that may be proposed by the Purchaser not otherwise consistent with these or other terms and conditions set forth in THERMOTION's written specifications, quotation, or order acknowledgement.
DELIVERY: Seller will use its best efforts to ship by the estimated dates specified; however, Seller shall not be liable for any delay or failure in the estimated delivery or shipment of products or for any damages suffered by reason thereof.
TITLE AND RISK OF LOSS: Title to products and risk of loss or damage thereto shall pass to Buyer upon delivery F.O.B. Carrier, Seller's factory or warehouse.
PRICES AND TERMS: The prices and charges stated herein for the products and services to be furnished hereunder will be invoiced at Seller's prices and charges in effect at the time of shipment, F.O.B. Carrier, Seller's factory or warehouse. Terms are Net 30 days with approved credit. All prices and terms subject to change without notice. Any manufacturer's or sales tax or use tax payable on any transaction under any effective statutes will be added to the price of the goods.
DESIGN, PERFORMANCE, AND TOLERANCES: Seller reserves the right to make design and performance changes without notice. The products will be subject to Seller's standard tolerances for variances.
CHANGES, RESCHEDULING, AND CANCELLATION: The Buyer may at its option, by written notice, make changes in the drawings, specifications or requirements. If such changes cause an increase or decrease in the price or in the time of performance, an equitable adjustment shall be made, and the order shall be modified accordingly. This order is not subject to rescheduling or cancellation without Seller's written consent and will take into account reimbursement for Seller's costs incurred.
RETURNS: All returns must be factory authorized within one year of purchase and are subject to restocking charges. Contact the factory for a Returned Material Authorization (RMA) number. All returns must be shipped prepaid and are subject to refusal if received with no RMA number.
PACKAGING &QUANTITY: Any dispute regarding receipt quantities or quality of packaging must be presented to seller within 30 days of receipt of goods.
THERMOTION LLC warrants that the products manufactured by it are free from defects in material and workmanship. Seller's liability under this warranty shall be limited to the repair or replacement - at Seller's sole discretion - of any products it finds defective under this warranty, upon return of product per its RETURNS policies.
DURATION: The warranty period shall begin on the date of shipment to the first purchaser and extend for twelve (12) months.
DISCLAIMER: Purchaser shall be solely responsible for determining suitability for use and in no event shall THERMOTION be liable in this respect.
LIMITATION OF LIABILITY: SELLER MAKES NO OTHER WARRANTY OR REPRESENTATION OF ANY KIND WHATSOEVER, EXPRESSED, OR IMPLIED, EXCEPT THAT OF TITLE AND ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.