TERMS
AND CONDITIONS OF SALE
Name of Division or
Subsidiary: Techno Linear Motion Components, a subsidiary of
Designatronics, Inc. Techno provides their web sites, products and
services to you and your employer subject to the following Terms and
Conditions of Sale. Your
use of a Techno's web site indicates agreement by you and your employer to
these Terms.
As used herein, "Seller" means Techno Linear Motion
Components, "Buyer" means any person ordering goods from
Seller after March 31, 2006, and "person" means any
individual, corporation, company or other entity.
USE AND OPERATION:
You may use Techno web sites and services only for your legitimate and
internal business purposes. You will provide accurate information when
registering or otherwise doing so for your use of a Techno web site or
service. You will comply with all import/export control and other
applicable laws in connection with use of a Techno web site. Techno may in
its discretion modify, edit, translate, suspend, restrict access to or
terminate its web sites, these Terms and Conditions of Sale, the Content
or any link at any time without liability or prior notice for any reason,
including for any breach of these Terms of Use.
You authorize the placement and use of "cookies", software or
data on your information systems in connection with your use of this
Website.
PASSWORD SECURITY: You will keep any password or similar code for a
Techno web site secret and you will not allow any other person to use your
registration or password for a Techno web site. You will be responsible
for any and all damage arising from the use of your registration or
password by another person.
ORDERING: Goods may
be ordered by:
(a) Telephone to: 516-595-7495
(b) Fax to: 516-595-7498
(c) Mail to: 2101 Jericho Tpke., P.O. Box 5416, New Hyde Park, NY
11042-5416
(d) UPS/other courier to: same as above
(e) Email to: http://www.techno-isel.com/tic/Support_Mail_Comp.htm
Office hours are 9AM-5PM, EST, Monday-Friday. You may fax (516) 358-2576
or email http://www.techno-isel.com/tic/Support_Mail_Comp.htm
at any time. When ordering, specify part numbers, quantities, desired
delivery date and shipping method. For larger production quantities,
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 prints.
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 $10
+ freight minimum for
E-Commerce on-line orders from the USA and from outside the USA, $25 +
freight minimum order.
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 responsibility.
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 accepts
VISA®,
MasterCard®,
American Express®
and Discover®.
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. For shipments outside of the USA,
the Seller's policy to only ship via UPS unless the Buyer supplies their
freight collect account number.
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
DISCLAIMED.
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.
Top |