Terms and Conditions - Clark Solution

TERMS AND CONDITIONS

  1. Prices and Specifications are subject to change without notice.
  1. Shipping dates are approximate. They are dependent upon credit approval and subject to delays beyond our control.
  1. Terms: Net 30 days to companies with established credit rating. In the event Buyer fails to fulfill previous terms of payment, or in case Seller shall have any doubt at any time as to Buyer’s financial responsibility, Seller may decline to make further deliveries except upon receipt of cash in advance or other special arrangements.
  1. Liability Point and Title: All material is sold F.O.B. Factory (Domestic)/FCA Free Carrier (International). Title to all material sold shall pass to buyer upon delivery by Seller to carrier at shipping point.
  1. State and Local Taxes: Any taxes which the Seller may be required to pay or collect upon or with respect to the sale, purchase, delivery, use or consumption of any of the material covered hereby shall be for the account of the Buyer and shall be added to the purchase price.
  1. Special tooling, dies, silk screens and molds acquired specially to produce goods for Buyer remain the property of Clark or Clark’s suppliers and may not be removed unless by mutual agreement.
  1. Export Orders: Terms, discounts and conditions of sale for purchase orders originating or for shipment to final destinations outside the U.S.A. will be furnished upon request.
  1. Limited Warranty: The Seller warrants all instruments and equipment to be free from defects in workmanship or material under normal use and service in accordance with the manufacturers’ warranty statement. Liability under this warranty is limited to repair or replacement F.O.B. Factory (Domestic)/FCA Free Carrier (International) of any parts which prove to be defective within that time or credit of the purchase price at the Seller’s option provided the instruments have been returned, transportation prepaid, within the specified time frame from date of purchase. All technical advice, recommendations and services are based on technical data and information which the Seller believes to be reliable and are intended for use by persons having skill and knowledge of the business, at their own discretion. In no case is Seller liable beyond replacement of equipment F.O.B. Factory (Domestic)/FCA Free Carrier (International) or the full purchase price. This warranty does not apply if the maximum ratings label is removed or if the instrument or equipment is abused, altered, used at ratings above the maximum specified, or otherwise misused in any way.

THIS EXPRESS LIMITED WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER REPRESENTATIONS MADE BY ADVERTISEMENTS OR BY AGENTS AND ALL OTHER WARRANTIES, BOTH EXPRESS AND IMPLIED.    THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE FOR GOODS COVERED HEREUNDER.

  1. Buyer’s Remedies: THE BUYER’S EXCLUSIVE AND SOLE REMEDY ON ACCOUNT OF OR IN RESPECT TO THE FURNISHING OF NON-CONFORMING OR DEFECTIVE MATERIAL SHALL BE TO SECURE REPLACEMENT THEREOF AS AFORESAID. THE SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR THE COST OF ANY LABOR EXPENDED ON ANY SUCH MATERIAL OR FOR ANY SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES TO ANYONE BY REASON OF THE FACT THAT IT SHALL HAVE BEEN NON-CONFORMING OR DEFECTIVE.
  1. Acceptance: All orders shall be subject to the terms and conditions contained or referred to in the Seller’s quotation, acknowledgement, and to those listed here and to no others whatsoever. No waiver, alteration or modification of these terms and conditions shall be binding unless in writing and signed by an executive officer of the Seller.

Prices are exclusive of any taxes.
Cancelled orders may subject to cancellation charges.

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