CANCELLATION/TERMINATION: Purchase order may be terminated or cancelled by Purchaser only with the express consent of Seller. Purchaser shall pay Seller’s the actual costs and expenses for work in process and materials committed and a reasonable profit thereon. Seller may cancel purchase order without penalty. If purchaser fails to comply with terms and conditions of order or becomes bankrupt of insolvent, Seller assumes no responsibility for cost of reprocurement by Purchaser.
WARRANTY: Seller warrants each unit based on the manufactures warranty of the products. The limit of liability under this warranty is to repair or replace any products or parts thereof which shall within one year after delivery to the original user be returned, shipping costs prepaid and insured and insured, to Seller, and which shall have been found to be defective upon examination by Seller. This warranty shall be limited to the repair or replacement of Seller’s products and shall not extend to any incidental or consequential damages there from. Disassembly of any product by anyone other than an authorized representative of the Seller voids the obligations to repair or replace any products so disassembled. In addition, Seller assumes no responsibility for goods returned without Seller’s written authorization.
LIMITATION OF LIABILITY: In no event shall Seller or its suppliers be liable the Purchaser or any third party in contract, lot (including negligence), warranty or otherwise for any special, indirect, incidental, or consequential damages. Seller’s liability will be limited to repair, replacement, or issuance of a credit for the purchase price at the Seller’s option. Purchaser agrees to indemnity Seller for all costs in connection with such claims. The remedies of Purchaser set forth in this order shall be exclusive.
RISK OF LOSS OR DAMAGE: Risk or loss of, or damages to, the furnished equipment, or any other portion thereof, from any cause whatever shall pass to the Purchaser upon delivery of the equipment or any portion thereof, to the carrier F.O.B. point of shipment. Seller shall not be responsible for loss or damage, including loss or damage in transit, when the risk lies with the Seller, unless the delivered equipment is checked against the bill of loading and Seller’s shipping list immediately upon arrival and any claims are promptly reported in writing ten (7) days of receipt of goods.
INSPECTION: Inspections and/or tests to be witnessed by Purchaser or its designated Representative(s) shall be specified at time of order placement. If no inspections are specified, Seller may proceed with tests and/or shipment in accordance with Seller’s standard practices. Seller does not assume costs for disassembly for inspection purposes should the Purchaser’s inspector not arrive within the specified testing time.
