AND CONDITIONS OF SALE
of Division or Subsidiary:
Advanced Antivibration Components, a division of Designatronics, Inc.
As used herein, "Seller" means
Advanced Antivibration Components, "Buyer"
means any person ordering goods from Seller after March 31, 2006, and
"person" means any individual, corporation, company or other
ORDERING: Goods may be ordered
(a) Telephone to: (516) 328-3662
(b) Fax to: (516) 328-3365
(c) Mail to: 113 Main Street, Bloomingdale, NJ 07403
(d) UPS/other courier to: same as above
(e) Email to: email@example.com
Office hours are 9AM-5PM, EST, Monday-Friday. You may fax (516) 328-3365 or
email firstname.lastname@example.org at any time. When
ordering, specify part numbers, quantities, desired delivery date and shipping
method. For larger production quantities, Seller will provide written quote of
price and delivery on request. Seller will provide current price/stock status
on any catalog item by telephone or fax request. Quotes for modified catalog
parts or custom-made parts are available on request. Please send sketches or
MINIMUM ORDER: Orders shipping to
addresses within the USA, $50 + freight. Orders shipping outside of the USA,
$75 + freight. There is an additional charge of $10.00 for orders below the
minimum. There is no minimum for E-Commerce online orders.
PRICES: Prices shall be as in
effect at time of purchase order or as agreed to in writing by Seller. Prices
listed in its catalog or elsewhere are subject to change without notice. Please
contact Seller to confirm price. Prices do not include freight, duties, special
handling, certification, insurance or taxes, which are all the Buyer’s
CREDIT: Bank and 3 trade
references are required for new accounts. Until account is approved, Seller may
require cash in advance, payment by approved credit card or C.O.D. C.O.D.
orders are subject to an additional handling charge.
TERMS: For open accounts, terms
are net 30 days, F.O.B. our plant. Open accounts are invoiced for goods/freight
when shipped. Seller accepts VISA®,
. Buyers paying by credit card are charged for goods/freight when shipped,
subject to credit card approval. All past due amounts shall bear interest at
one and one-half percent (1.5%) per month or the highest legal rate, whichever
is less; and Seller may recover all costs, including attorneys’ fees, incurred
to collect any past due amount.
SHIPMENT; RISK OF LOSS: Seller
will ship goods as directed by Buyer or determined by Seller, usually UPS, DHL,
FedEx, in any case at Buyer’s cost. Seller will endeavor to meet promised
delivery dates. Buyer shall bear all risk of loss and damage after goods are
delivered to carrier, including any loss or damage in transit.
RETURNS; EXCHANGES; SHORTAGES: Buyer
must get return authorization in writing. Seller must approve returns and
exchanges in writing. Returns must be requested within 15 days after receipt of
goods. Returned goods will be inspected and a restocking charge may be made. No
credit will be allowed on custom-made, used or modified parts or parts
purchased on a quantity basis. Shortages must be reported within 10 days after
receipt; and if so reported, Seller will make up shortages at its cost.
TECHNICAL AND PRODUCT INFORMATION:
Seller disclaims responsibility for errors or omissions in any technical or
product information contained in its catalogs or other sales materials. Buyer
is solely responsible for determining if goods are suitable for purposes
intended by Buyer and its customers and future users.
LIMITED WARRANTY: Seller warrants
that all goods it sells will be free from material defects in manufacturing and
workmanship by Seller: PROVIDED THIS LIMITED
WARRANTY SHALL EXPIRE ONE (1) YEAR AFTER SHIPMENT F.O.B. OUR PLANT (the
"Warranty Period") AND SHALL NOT APPLY:
(a) unless Seller receives
written notice of the breach of warranty within 30 days after discovery of the
defect or non-conformance and in any event within the one (1) year Warranty
(b) to any goods which have been
(i) repaired, altered or improperly installed, (ii) subject to improper
storage, (iii) damaged during or after transit, (iv) used or incorporated with
or into any other product, machine or equipment after Buyer or anyone using the
goods has, or reasonably should have, knowledge or the defect or
non-conformance, or (v) manufactured, fabricated to assembled by anyone other
ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR
PURPOSE, ARE DISCLAIMED.
BUYER’S REMEDIES: At Seller’s
option, if it breaches the warranty set forth above, it may either (a) repair
or replace defective or non-conforming goods or parts or (b) repay the price it
received for goods, whichever it elects. As a condition precedent to either
remedy, Buyer shall have paid the price of the goods and made them available
for inspection at Buyer’s place or business or returned them at Seller’s
request and cost and by the carrier it designates. BUYER
SHALL HAVE NO OTHER REMEDY AGAINST SELLER, AND ALL OTHER REMEDIES ARE WAIVED,
INCLUDING ANY RIGHT TO RECOVER CONSEQUENTIAL OR INCIDENTAL DAMAGES.
The limited warranty set forth above and these remedies shall extend only to
Buyer and not to any subsequent buyer or user of the goods. In no event shall
Seller’s liability for breach exceed the price paid for by the goods by Buyer.
GOVERNING LAW; EXCLUSIVE JURISDICTION:
This contract shall be governed by the substantive laws of New York, without
regard to choice of law principles.
The State and Federal courts in Nassau County, New
York, shall have the exclusive jurisdiction and venue to adjudicate rights and
duties under this contract.
PERIOD OF LIMITATIONS: An action
for breach of this contract, including breach of the limited warranty set forth
above, or any other action relating to goods shipped by Seller or ordered by
Buyer, must be commenced within one (1) year after the cause of action accrued.
MISCELLANEOUS: All orders placed
with Seller after March 31, 2006, constitute acceptance of these Terms and
Conditions. All conflicting, inconsistent and additional terms and conditions
are rejected unless contained in writing and signed by an officer of Seller.
Buyer may not assign any rights or remedies under this contract without
Seller’s prior written consent. If any part or provision of these Terms and
Conditions is held to be invalid or unenforceable, such part or provision shall
be deemed omitted, and that shall not affect the validity or enforceability of
any other part or provision hereof. These Terms and Conditions may be found at http://www.vibrationmounts.com/eStore/TermsOfUse.aspx.