1. ACCEPTANCE OF ORDERS:
THE ACCEPTANCE OF ALL ORDERS AND ALL SALES BY THE SELLER ARE MADE SUBJECT TO AND
CONTINGENT UPON THESE TERMS AND CONDITIONS. ANY OF BUYER’S TERMS AND CONDITIONS
WHICH ARE DIFFERENT FROM OR IN ADDITION TO THOSE CONTAINED HEREIN ARE HEREBY
OBJECTED TO AND SHALL BE OF NO EFFECT UNLESS SPECIFICALLY AGREED TO IN WRITING.
2. TAXES: All prices are exclusive of all present or future federal, state or local excise, sales, use and similar taxes. Buyer shall pay these taxes or Buyer shall provide Seller with a tax exemption certificate acceptable to the taxing authorities.
3. PAYMENT: Krohn-Hite Corporation standard terms of payment are net thirty (30) days from the date of invoice unless otherwise specified in writing by Seller. Seller may invoice each shipment separately and each shipment shall be considered a separate and individual contract. Buyer agrees to pay such invoice pursuant to its terms without the benefit of setoff or deduction. All late payments shall be charged interest computed on a daily basis from the due date until paid in full. Seller reserves the right to take all steps necessary and to impose interest (at the rate of one and one-half percent (1 ½%) per month or the maximum rate permitted by law, whichever is less), late charges or other payment terms as Seller may deem appropriate to collect full payment for Products supplied in addition to seeking the reimbursement for costs of collection (including reasonable attorneys’ fees and court costs.) Transportation charges from Seller’s facility to Buyer’s facility shall be paid by Buyer to Seller, in addition to the purchase price of the Product, unless otherwise agreed to in writing by Seller. Seller will select the carrier in the absence of specific instructions by Buyer.
4. TITLE AND DELIVERY: Seller shall deliver Products to Buyer X-Works Seller’s factory. Partial deliveries shall be permitted unless Buyer notifies Seller at time the order is placed. Upon such delivery to a carrier at Seller’s factory, title to the Products and all risk of loss or damage shall pass to the Buyer.
5. SHIPMENT: All shipping charges and expenses shall be paid by Buyer. Seller will insure the Products unless requested not to by Buyer. Buyer will pay for such insurance.
6. LIMITATION ON THE USE OF THE PRODUCTS: Seller’s Products are not designed for and should not be used within Life Support Systems or Nuclear Facility applications. Such Products may not be sold for such applications without the prior specific written consent of Seller. A Life support System is defined as a product or system intended to support or sustain life and which if it fails can be reasonably expected to result in significant personal injury or death. Nuclear Facility applications are defined as any application involving a nuclear reactor or any facility involved in any way with the handling or processing of radioactive materials and in which the failure of equipment in any way could reasonably result in harm to life, property or the environment.
7. INDEMNITIES: Buyer shall defend and indemnify Seller from all liabilities and costs resulting from any suit or proceeding based upon a claim that products infringe upon the rights of a third party to the extent such claim arises from Seller’s compliance with Buyer’s designs, specifications or instructions.
8. EXCUSABLE DELAYS: Seller shall not be liable for delay or failure to deliver or perform due to any cause beyond its reasonable control, including, without limitation, Acts of God, acts of Buyer, strikes or other labor disturbances, inability to obtain necessary materials, components, services or facilities.
9. U.S. EXPORT LAWS: Seller’s obligations are subject to the export administration and control laws and regulations of the U.S. Government. The Buyer shall comply fully with such laws and regulations in the export, resale or other disposition of Products.
10. CANCELLATION / RESCHEDULING CHARGES: Special Order Products (SOP): (1) no cancellation, reduction or reschedule will be allowed on any Products due to be shipped within 120 days (18 weeks) of the date of request (100% cancel fee), (2) a 15% cancellation fee will be charged on any Products due to be shipped beyond 120 days of the request. Custom Products (CP): NO CANCELLATION, REDUCTION OR RESCHEDULE WILL BE ALLOWED REGARDLESS OF DATE OF REQUEST. (100% CANCELLATION FEE). Standard Products (SP): a 15% restocking fee may be charged on all orders shipped and found by Buyer to be in excess of needs or ordered in error.
HOW TO ORDER
Always order by catalog Model Number and name of instrument. All orders are subject to final acceptance by Krohn-Hite Corporation.
TERMS OF PAYMENT
Interest may be charged at the rate of 1.5% per month or 18% per year on the balance unpaid after 30 days.
Instruments ordered in error may be returned within 30 days. There is a restocking charge of 15% of the invoice price.
During the warranty period, we will, at our option, either repair or replace any product that proves to be defective. The product will be calibrated if necessary, and returned anywhere in the United States, transportation prepaid. Repaired or replacement products are warranted for the balance of the period or at least 90 days.
To exercise this warranty, contact Krohn-Hite at (508)580-1660 and you will be given prompt assistance and return instructions. Send the product transportation prepaid to Krohn-Hite, and repairs will be made and the product returned, transportation prepaid.
This warranty is in lieu of all other warranties, expressed or implied, including any implied warranty of merchantability or fitness for a particular use.
Krohn-Hite Corporation, nor any of its employees shall be liable for any direct, indirect, special, incidental or consequential damages arising out of the use of its instruments, even if Krohn-Hite Corporation, has been advised in advance of the possibility of such damages. Such excluded damages shall include, but are not limited to: cost of removal and installation, losses sustained as a result of injury to any person, or damage to property.
(1) Defective Products. A Customer may return a defective product to Krohn-Hite Corporation for repair or replacement, at Krohn-Hite Corporation's option, in the event Krohn-Hite determines that the product is defective. The defective product must be returned to Krohn-Hite within the warranty period. The Customer shall be responsible for all shipping costs.
(2) Non-defective Product Return. Products that are not defective may be returned to Krohn-Hite within 30 days from the date of shipment. All non-defective product returns are subject to a 15% restocking fee. If the product is unsatisfactory for the application for which it was purchased, Krohn-Hite shall, at its option, either refund the purchase price paid by the Customer or replace the product with one that is satisfactory for the application. The Customer shall be responsible for all shipping costs and restocking fee determined by Krohn-Hite.
of Return. Prior to returning the product, contact Krohn-Hite Corporate Headquarters for a Return Material Authorization
number. All products returned to Krohn-Hite must be securely
packaged in the original shipping materials and reach Krohn-Hite
without damage and shipped in accordance with Applicable laws, rules, and
regulations. The products must contain all software and accessories that
were shipped to the Customer in connection with the product. IMPORTANT:
Instruments that are sealed for
calibration security, the warranty will be
IMPORTANT: Instruments that are sealed for calibration security, the warranty will bevoided if the seals are broken. Under certain conditions Krohn-Hite may grant permission for the seals to be broken.