Terms & Conditions

These Standard Terms and Conditions of Sale (the “Contract”) are the only terms and conditions applicable to the sale of the Equipment. Contract formation and acceptance by Seller are expressly conditioned upon Customer’s assent to the terms of this Contract. If the terms of this Contract are not acceptable, Customer must notify Seller of its objections immediately. Customer shall be deemed to have accepted this Contract unless notice to the contrary is received by Seller in writing within three days from the earlier of the date of Seller’s sales confirmation or invoice. The transmittal of a purchase order with regard to a quotation by Seller shall constitute an acceptance of the quotation and the Contract of Sale as set forth therein, provided the purchase order agrees with such quotation with respect to

1.  The description of the Equipment to be furnished by Seller as shown on the face thereof;
2.  The quality of the Equipment;
3. The purchase price to be charged.

ANY REPRESENTATIONS, PROMISES, WARRANTIES, OR STATEMENTS BY SELLER’S AGENTS OR EMPLOYEES THAT DIFFER IN ANY WAY FROM THE TERMS OF THIS CONTRACT SHALL BE VOID AND GIVEN NO FORCE OR EFFECT.

Any additional or different terms or conditions set forth in any communications, including without limitation a telephone order, a request for quotation, or purchase order form, from Customer shall not be effective or binding unless expressly assented to in writing by an officer of Seller. All shipments are made pursuant to this Contract. No other terms or additions are acceptable. This Contract is intended as a final and complete expression of the agreement between Seller and Customer and supercedes all proposals and prior discussions and writings between the parties with respect thereto.

a) A sales confirmation or similar form issued by Seller pursuant to a Customer’s purchase order constitutes an expression of acceptance of such order, but such expression of acceptance is expressly conditioned upon Customer’s assent to this Contract.

 b) Where Seller does not issue either a quotation or a sales confirmation and ships Equipment pursuant to Customer’s purchase order, telephone request or other form of order, such sale shall be subject to Seller’s Contract as set forth on Seller’s invoice and Customer shall be deemed to have agreed thereto unless the Equipment is returned undamaged to Seller at Customer’s expense within ten days of the date of invoice, in which event such sale shall be canceled for all purposes. As set forth above, any additional or different terms or conditions of sale set forth in the purchase order or other communications from Customer are for Customer’s internal purposes and shall not be effective or binding upon Seller unless assented to in writing by an officer of Seller.

 c) Any typographical or clerical error herein is subject to correction by Seller.