AND CONDITIONS OF SALE
Name of Division or
Subsidiary: Techno Educational Products, a subsidiary of
As used herein, "Seller" means Techno Educational
Products, "Buyer" means any person ordering goods from
Seller after March 31, 2006, and "person" means any
individual, corporation, company or other entity.
ORDERING: Goods may be ordered by:
(a) Telephone to: (516) 328-3970
(b) Fax to: (516) 358-2576
(c) Mail to: 2101 Jericho Tpke., P.O. Box 5416, New Hyde Park, NY
(d) UPS/other courier to: same as above
(e) Email to: http://www.techno-isel.com/Education1/Support_Mail.htm
Office hours are 9AM-5PM, EST, Monday-Friday. You may fax (516) 358-2576
or email http://www.techno-isel.com/Education1/Support_Mail.htm
at any time. When ordering, specify part numbers, quantities, desired
delivery date and shipping method. For larger production quantites,
Seller will provide written quote of price and delivery on request.
Seller will provide current price/stock status on any catalog item by
telephone or fax request. Quotes for modified catalog parts or
custom-made parts are available on request. Please send sketches or
MINIMUM ORDER: From USA, $50 + freight. From outside USA, $75 +
freight. There is an additional charge of $10. for orders below the
minimum. There is no minimum for E-Commerce on-line orders.
PRICES: Prices shall be as in effect at time of purchase order or
as agreed to in writing by Seller. Prices listed in its catalog or
elsewhere are subject to change without notice. Please contact Seller to
confirm price. Prices do not include freight, duties, special handling,
certification, insurance or taxes, which are all Buyer’s
CREDIT: Bank and 3 trade references are required for new
accounts. Until account is approved, Seller may require cash in advance,
payment by approved credit card or C.O.D. C.O.D. orders are subject to
an additional handling charge.
TERMS: For open accounts, terms are net 30 days, F.O.B. our
plant. Open accounts are invoiced for goods/freight when shipped. Seller
Buyers paying by credit card are charged for goods/freight when shipped,
subject to credit card approval. All past due amounts shall bear
interest at one and one-half percent (1.5%) per month or the highest
legal rate, whichever is less; and Seller may recover all costs,
including attorneys’ fees, incurred to collect any past due amount.
SHIPMENT; RISK OF LOSS: Seller will ship goods as directed by
Buyer or determined by Seller, usually UPS, DHL, FedEx, in any case at
Buyer’s cost. Seller will endeavor to meet promised delivery dates.
Buyer shall bear all risk of loss and damage after goods are delivered
to carrier, including any loss or damage in transit.
RETURNS; EXCHANGES; SHORTAGES: Buyer must get return
authorization in writing. Seller must approve returns and exchanges in
writing. Returns must be requested within 15 days after receipt of
goods. Returned goods will be inspected and a restocking charge may be
made. No credit will be allowed on custom-made, used or modified parts
or parts purchased on a quantity basis. Shortages must be reported
within 10 days after receipt; and if so reported, Seller will make up
shortages at its cost.
TECHNICAL AND PRODUCT INFORMATION: Seller disclaims
responsibility for errors or omissions in any technical or product
information contained in its catalogs or other sales materials. Buyer is
solely responsible for determining if goods are suitable for purposes
intended by Buyer and its customers and future users.
LIMITED WARRANTY: Seller warrants that all goods it sells will be
free from material defects in manufacturing and workmanship by Seller: PROVIDED
THIS LIMITED WARRANTY SHALL EXPIRE ONE (1) YEAR AFTER SHIPMENT F.O.B.
OUR PLANT (the "Warranty Period") AND SHALL NOT APPLY:
(a) unless Seller receives written notice of the breach of
warranty within 30 days after discovery of the defect or non-conformance
and in any event within the one (1) year Warranty Period; and
(b) to any goods which have been (i) repaired, altered or
improperly installed, (ii) subject to improper storage,
(iii) damaged during or after transit, (iv) used or incorporated with or
into any other product, machine or equipment after Buyer or anyone using
the goods has, or reasonably should have, knowledge or the defect or
non-conformance, or (v) manufactured, fabricated to assembled by anyone
other than Seller.
ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE
BUYER’S REMEDIES: At Seller’s option, if it breaches the
warranty set forth above, it may either (a) repair or replace defective
or non-conforming goods or parts or (b) repay the price it received for
goods, whichever it elects. As a condition precedent to either remedy,
Buyer shall have paid the price of the goods and made them available for
inspection at Buyer’s place or business or returned them at Seller’s
request and cost and by the carrier it designates. BUYER SHALL HAVE
NO OTHER REMEDY AGAINST SELLER, AND ALL OTHER REMEDIES ARE WAIVED,
INCLUDING ANY RIGHT TO RECOVER CONSEQUENTIAL OR INCIDENTAL DAMAGES.
The limited warranty set forth above and these remedies shall extend
only to Buyer and not to any subsequent buyer or user of the goods. In
no event shall Seller’s liability for breach exceed the price paid for
by the goods by Buyer.
GOVERNING LAW; EXCLUSIVE JURISDICTION: This contract shall be
governed by the substantive laws of New York, without regard to choice
of law principles. The State and Federal courts in Nassau County, New
York, shall have the exclusive jurisdiction and venue to adjudicate
rights and duties under this contract.
PERIOD OF LIMITATIONS: An action for breach of this contract,
including breach of the limited warranty set forth above, or any other
action relating to goods shipped by Seller or ordered by Buyer, must be
commenced within one (1) year after the cause of action accrued.
MISCELLANEOUS: All orders placed with Seller after March 31,
2006, constitute acceptance of these Terms and Conditions. All
conflicting, inconsistent and additional terms and conditions are
rejected unless contained in writing and signed by an officer of Seller.
Buyer may not assign any rights or remedies under this contract without
Seller’s prior written consent. If any part or provision of these
Terms and Conditions is held to be invalid or unenforceable, such part
or provision shall be deemed omitted, and that shall not affect the
validity or enforceability of any other part or provision hereof. These
Terms and Conditions may be found at http://www.techno-isel.com
Terms and Conditions.