Terms of Sale
TERMS AND CONDITIONS OF SALE
THIS IS A LEGAL DOCUMENT ("SALES CONTRACT") BETWEEN YOU ("BUYER/CUSTOMER") AND Core-Tec International ("SELLER"). PLEASE READ THIS AGREEMENT CAREFULLY. BY USING AND ACCESSING THE CORECOM2M.COM WEB SITE YOU INDICATE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT ACCESS AND USE THE Core-Tec International WEB SITE. PLEASE NOTE THAT THE TERMS AND CONDITIONS MAY BE PERIODICALLY UPDATED AND MODIFIED, SO PLEASE BE SURE TO RECHECK THEM. BY ACCESSING AND USING THE SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THE PRESENT TERMS AND CONDITIONS. YOU ALSO AGREE TO SO ACCEPT FUTURE UPDATES AND MODIFICATIONS OF THE TERMS AND CONDITIONS.
All Orders are subject to acceptance by Core-Tec International. Core-Tec International reserves the right to allocate the sale of products among its customers. The customer may not cancel or reschedule Orders for standard products without Core-Tec International's consent, which shall not be unreasonably withheld.
Core-Tec International quoted prices apply for 10 days or as otherwise stated in its quote. Core-Tec International may increase prices if Core-Tec International costs increase or other circumstances beyond Core-Tec International reasonable control. Prices are subject to change at any time and do not include taxes, impositions and any other charges, fees, shipping charges and duties imposed by any government authority. Customer is responsible for any additional fees and taxes.
TERMS OF PAYMENT
Customer must make payment of the total invoice amount, without offsets or deductions. Core-Tec International may charge interest from the payment due date to the date of payment, plus any reasonable attorney fees, and collection costs, on any past due invoices. Core-Tec International may change the terms of customer's credit at any time. Core-Tec International may apply payments to any of customer accounts.
DELIVERY AND TITLE
All product purchased from Core-Tec International is FOB origin, Freight Collect. The customer is responsible for all shipping costs and any applicable surcharges, unless differently agreed upon. Core-Tec International delivery dates are estimates only and Core-Tec International is not liable for delays in delivery. Core-Tec International reserves the right to make partial shipments. A delayed delivery of any part of an order does not entitle customer to cancel other deliveries.
Customer cannot return products without a return material authorization ("RMA") number. Any RMA's issued are only good for 5 days. RMA's will only be issued for damage or other discrepancy to products created solely by the original manufacturer, and only if customer notifies Core-Tec International in writing of any damage to products within 10 days after delivery. RMAs will not be granted for damage or other discrepancy created by customer, the carrier, or any other third party. Returned products must be in original manufacturer's shipping cartons or equivalent. Customers must return all products freight prepaid, or as specified in the RMA and customer pays any restocking charges (minimum 15%) or at Core-Tec International discretion. Core-Tec International will return all products not eligible for return to the customer freight collect or hold the product for the customer at the customer's expense. No Cash refund will be issued
Core-Tec International LIMITED WARRANTY
Core-Tec International will transfer to customer any product warranties and indemnities authorized by the manufacturer. Core-Tec International warrants products will conform to the manufacturer's specifications. Value-added work performed by Core-Tec International on products will conform to customer's specifications. Core-Tec International MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED. If products do not meet manufacturer's specifications the products will be at Core-Tec International choice: (1) repaired, (2) replaced, or (3) refunded the purchase price. The customer must return products to Core-Tec International, along with acceptable proof of purchase, within the warranty period specified by the manufacturer or Core-Tec International. Core-Tec International is not liable for failure to fulfill its obligations for any accepted order or for delays in delivery due to causes beyond its reasonable control, (for example: acts of God, omissions from the customer, man-made or natural disasters, acts of terrorism, delays in transportation, or inability to obtain labor or materials through its regular sources).
LIMITATION OF LIABILITY
Core-Tec International is not liable for and customer is not entitled to any indirect, special, incidental or consequential damages; for example, loss of profits or revenue, loss of data, loss of use, rework, manufacturing expense, injury to reputation, or loss of customer's. Recovery from Core-Tec International for any direct damages will not exceed the price of the product at issue. Customer will indemnify, defend and hold Core-Tec International harmless from any claims based on; (1) Core-Tec International compliance with customer's designs, specifications, or instructions, (2) modification of any products by anyone other than manufacture, or (3) use in combination with other products.
USE OF PRODUCTS
Products are not authorized for use in applications where a failure may reasonably be expected to result in personal injury, loss of life, or catastrophic property damage. If a customer uses or sells the products for use in any such applications, customer acknowledges that such use or sale is at customer's sole risk. Customer will indemnify, defend and hold Core-Tec International and the product manufacturer harmless from and against any and all liabilities and costs arising out of or in connection with such use or sale.
Products sold by Core-Tec International could be subject to import or export control laws, regulations of the United States or Canada, or the export or import control laws and regulations of other countries. Customer will not directly or indirectly export or divert any products and other related technology and documentation to any third party or country where such export or transmission is restricted or prohibited. Customer agrees it is responsible to obtain any license to export, or import as may be required.
Product information, including information related to a product's specifications, export/import control classifications, uses or conformance with legal or other requirements, is obtained by Core-Tec International's supplier's or other sources. Core-Tec International makes no representation as to the accuracy or completeness of the product information, and disclaims all representations, warranties and liabilities under any theory with respect to the product information, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Core-Tec International recommends customer to validate any product information before using or acting on such information. All product information is subject to change without notice. Core-Tec International is not responsible for typographical or other errors or omissions in product information.
Laws of the Canada will exclusively govern any dispute between Core-Tec International and the customer. This Agreement can only be modified in writing signed by authorized representatives of both Core-Tec International and customer. Core-Tec International and customers are independent and agree that this agreement does not establish a joint venture or partnership. Statements or advice (technical or otherwise) if given without charge, are an accommodation to customer and Core-Tec International has no responsibility or liability for the content or use of such statements or advice. Products, including software or other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses.