DeFelsko Corporation - Terms and Conditions
Acceptance:
The acceptance of your order for Product is subject to and expressly conditioned
on Buyer’s acceptance of all terms and conditions included herein and
on any of DeFelsko's packages, sales invoices, manuals, or technical sheets,
which collectively shall constitute the entire contract between the parties.
To the extent that there are any inconsistencies between the terms and conditions
set forth herein and those contained on any DeFelsko packages, manuals, or technical
sheets, these terms and conditions shall govern. The foregoing supersedes Buyer's
purchase order or other forms, if any, and DeFelsko Corporation rejects, does
not agree to, and is not bound by any terms or conditions that are contained
on Buyer's purchase order or other forms. DeFelsko's failure to object to any
specific provisions contained in the aforementioned Buyer's forms shall not
be deemed an acceptance of the such provisions or a waiver of the provisions
of DeFelsko's terms and conditions. Unless the Buyer notifies DeFelsko in writing
within ten days from the date of the sales invoice of any objections to DeFelsko's
terms and conditions, the Buyer will be deemed to have assented to such terms
and conditions.
Title and Risk of Loss:
Title and risk of loss or damage to Product shall pass to Buyer Exworks DeFelsko's
plant.
Terms of Payment:
Terms of payment are shown on the sales invoice and shall be effective from
the date of invoice. All amounts are denominated in US dollars. Payments may
be made by Master Card, Visa, Discover, American Express, certified check,
electronic funds transfer or company check. Any unpaid account balance shall
bear interest at the rate of one and one-half percent (1 ½ %) per month
from and after the date payment is due.
Taxes and Fees:
When required by law, DeFelsko will collect Federal, State and/or Local sale
use, excise and other taxes that apply to Buyer's order. These taxes are in
addition to the purchase price of Products subject to an order. Buyer will remit
the correct tax unless they are tax exempt and DeFelsko has a valid signed tax
exemption certificate on file. In the event that DeFelsko fails to collect a
required tax, Buyer will be responsible for paying such tax directly to the
applicable taxing authority.
Limited Warranty and Sole Remedy:
DeFelsko warrants only Product it manufactures against defects in workmanship
or materials under normal use for a period of two years from date of purchase
unless otherwise specified in DeFelsko's instruction manuals or sales literature.
In the event that a Product manufactured by DeFelsko is believed to be defective,
Buyer's sole remedy is to return Product with proof of purchase to DeFelsko.
Return freight charges must be prepaid by Buyer. We will not accept COD shipments.
If upon inspection of Product, DeFelsko determines in its sole discretion that
the returned Product is defective as to workmanship or material, Product will
be repaired or replaced at DeFelsko's sole option. The warranty is voided if
the Product has been opened. THIS WARRANTY IS SOLELY FOR THE BENEFIT
OF BUYER AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS,
WHETHER, ORAL, WRITTEN, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. DEFELSKO PROVIDES NO WARRANTY OF ANY KIND ON ANY PRODUCTS THAT IT DOES
NOT MANUFACTURE AND MERELY ACTS AS A RESELLER. FOR ANY SUCH RESOLD PRODUCTS,
BUYER'S SOLE WARRANTY, IF ANY, SHALL BE THE ONE PROVIDED, IF ANY, BY THE MANUFACTURER
OF THE PRODUCT.
Limitation of Liability:
IN NO EVENT SHALL DEFELSKO OR ITS DIRECTORS OR OFFICERS BE LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF CUSTOMERS,
CLIENTS OR GOODWILL ARISING IN ANY MANNER FROM THE SALE AND/OR THE PERFORMANCE
OR NONPERFORMANCE HEREUNDER REGARDLESS OF WHETHER DEFELSKO HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. DEFELSKO'S MAXIMUM LIABILITY SHALL BE LIMITED
TO THE PRICE OF PRODUCT PURCHASED BY BUYER REGARDLESS OF THE FORM OF ANY ACTION
THAT BUYER COMMENCES.
DeFelsko - GNU General Public License Disclosure
Some Defelsko products contain software code developed by third parties, including code subject to the GNU General Public License. Each product containing such code contains the License Information as applicable within the product. As applicable, you may obtain the complete Corresponding Source code from us for a period of three years after our last shipment of the product, by sending a money order or check for $5 to:
GPL Compliance Division
DeFelsko Corporation
802 Proctor Avenue
Ogdensburg, NY 13669 USA
Please write “GPL source for product model: xxxx, S/N: yyyy ” in the memo line of your payment. Where xxxx, yyyy is the model number and serial number of the product in question.
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