Terms And Conditions - DFE WebHandler 3 Instruction Manual

TERMS AND CONDITIONS OF SALE AND SHIPMENT
1. THE COMPANY
Dover Flexo Electronics, Inc. is hereinafter referred to as the
Company.
2. CONFLICTING OR MODIFYING TERMS
No modification of, additions to or conflicting provisions to these
terms and conditions of sale and shipment, whether oral or written,
incorporated into Buyer's order or other communications are binding
upon the Company unless specifically agreed to by the Company in
writing and signed by an officer of the Company. Failure of the
Company to object to such additions, conflicts or modifications shall
not be construed as a waiver of these terms and conditions nor an
acceptance of any such provisions.
3. GOVERNING LAW
This contract shall be governed by and construed according to the
laws of the state of New Hampshire, U.S.A. The parties agree that
any and all legal proceedings pursuant to this contract shall take
place under the jurisdiction of the courts of the State of New
Hampshire in the judicial district of Strafford County.
4. PENALTY CLAUSES
Penalty clauses of any kind contained in orders, agreements or any
other type of communication are not binding on the Company unless
agreed to by an officer of the Company in writing.
5. WARRANTY
Dover Flexo Electronics,Inc. warrants, to the original Buyer, its'
products to be free of defects in material and workmanship for five
years from date of original shipment. Repairs on products are
warranted for 90 days from date of shipment. During the warranty
period the Company will repair or replace defective products free of
charge if such products are returned with all shipping charges
prepaid and if, upon examination, the product is shown to be
defective. This warranty shall not apply to products damaged by
abuse, neglect, accident, modification, alteration or mis-use. Normal
wear is not warranteed. All repairs and replacements under the
provisions of this warranty shall be made at Dover Flexo Electronics
or at an authorized repair facility. The Company shall not be liable
for expenses incurred to repair or replace defective products at any
other location or by unauthorized persons or agents. This warranty
contains all of the obligations and warranties of the Company. There
are no other warranties, either expressed or implied. No warranty is
given regarding merchantability or suitability for any particular
purpose. The Company shall not be liable in either equity or law for
consequential damages, losses or expenses incurred by use of or
inability to use its' products or for claims arising from same. No
warranty is given for products of other manufacturers even though
the Company may provide these products with its' own or by
themselves. The provisions of this warranty can not be changed in
any way by any agent or employee of the Company. Notice of
defects must be received within the warranty period or the warranty
is void. The warranty is void if the serial number tag is missing or not
readable.
6. PAYMENTS
Standard terms of credit are net 30 days from date of shipment,
providing satisfactory credit is established with the Company.
Amounts past due are subject to a service charge of 1.5% per
month or portion thereof or 18% per annum. The Company reserves
the right to submit any unpaid late invoices to a third party for
collection and Buyer shall pay all reasonable costs of such collection
in addition to the invoice amount. All quoted prices and payments
shall be in U.S. Dollars.
If the Company judges that the financial condition or payment
practices of the Buyer does not justify shipment under the standard
terms or the terms originally specified, the Company may require full
or partial payment in advance or upon delivery. The Company re-
serves the right to make collection on any terms approved in writing
by the Company's Finance Department. Each shipment shall be
considered a separate and independent transaction and payment
therefore shall be made accordingly. If the work covered by the
purchase order is delayed by the Buyer, upon demand by Company
payments shall be made on the purchase price based upon
percentage of completion.
7. TAXES
Any tax, duty, custom, fee or any other charge of any nature
whatsoever imposed by any governmental authority on or measured
by any transaction between the Company and the Buyer shall be
paid by the Buyer in addition to the prices quoted or invoiced.
8. RETURNS
Written authorization must be obtained from the Company's factory
before returning any material for which the original Buyer expects
credit, exchange, or repairs under the Warranty. Returned material
(except exchanges or repairs under the Warranty) shall be subject
to a minimum re-stocking charge of 15%. Non-standard material or
other material provided specially to the Buyer's specification shall
not be returnable for any reason. All material returned, for whatever
reason, shall be sent with all freight charges prepaid by the Buyer.
9. SHIPPING METHOD AND CHARGES
All prices quoted are EXW the Company's factory. The Company
shall select the freight carrier, method and routing. Shipping charges
are prepaid and added to the invoice of Buyers with approved credit,
however the Company reserves the right to ship freight-collect if it
prefers. Shipping charges will include a charge for packaging.
Company will pay standard ground freight charges for items being
returned to Buyer which are repaired or replaced under the War-
ranty.
10. CANCELLATION, CHANGES, RESCHEDULING
Buyer shall reimburse Company for costs incurred for any item on
order with the Company which is cancelled by the Buyer. Costs shall
be determined by common and accepted accounting practices.
A one-time hold on any item ordered from the Company shall be
allowed for a maximum of 30 days. After 30 days, or upon notice of
a second hold, Company shall have the right to cancel the order and
issue the appropriate cancellation charges which shall be paid by
Buyer. Items held for the Buyer shall be at the risk and expense of
the Buyer unless otherwise agreed upon in writing. Company
reserves the right to dispose of cancelled material as it sees fit
without any obligation to Buyer.
If Buyer makes, or causes to make, any change to an order the
Company reserves the right to change the price accordingly.
11. PRICES
Prices published in price lists, catalogs or elsewhere are subject to
change without notice and without obligation. Written quoted prices
are valid for thirty days only.
12. EXPORT SHIPMENTS
Payment for shipments to countries other than the U.S.A. and
Canada or to authorized distributors shall be secured by cash in
advance or an irrevocable credit instrument approved by an officer
of the Company. An additional charge will apply to any letter of
credit. There will also be an extra charge for packaging and
documentation.
13. CONDITION OF EQUIPMENT
Buyer shall keep products in good repair and shall be responsible
for same until the full purchase price has been paid.
14. OWNERSHIP
Products sold are to remain the property of the Company until full
payment of the purchase price is made.
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