No additions or modifications to the Terms and Conditions of Sale herein shall be binding upon CONTA-CLIP, Inc. unless authorized in writing by an Officer of CONTA-CLIP, Inc. The conditions and provisions herein constitute and are essential portions of this agreement. No prior agreement, oral or in writing, shall have validity, force or effect whatever unless incorporated herein. Should any provision or condition or Buyer’s order conflict with any provision herein contained, the provisions of this agreement shall prevail and be binding. The rights and obligations under this agreement shall be governed by the Laws of the State of NJ. Errors and omissions by Seller may be corrected by Seller, if any, all or a part of one or more of the terms and conditions of this agreement should be declared illegal by any court of law, such part or such term or terms be considered deleted from this agreement, the remaining to be unaffected and in full force and effect.
All customer orders will be in written form and are subject to acceptance by an authorized individual of CONTA-CLIP, Inc. in Belle Mead, NJ. Typographical and other errors made in quotations, order entry and acknowledgements are subject to correction. The minimum order is $100 net.
PRICES AND CONDITIONS
All prices are based on CONTA-CLIP, Inc.’s current Price List and are those in effect at the time of shipment. CONTA-CLIP, Inc. reserves the right to change prices at any time without prior notification. All quotations must be confirmed in writing and are valid for (30) days from the date of quotation, unless otherwise specified and must be signed by individuals authorized to make quotations. Unless otherwise stated on the quotation, prices are FOB Belle Mead, NJ. Prices exclude sales, use, excise, or other taxes which arise out of the sale. When applicable and required, such taxes will be added to the sale price.
The Purchaser shall provide CONTA-CLIP, Inc. with a Resale Tax Certificate for the purchased goods. If purchased items are not for resale, the Purchaser will be responsible to pay all applicable sales, use, excise or similar taxes charged.
SHIPMENT AND FREIGHT
The shipment method and routing will be defined by the Purchaser on the purchase order. If instructions are not provided, CONTA-CLIP, Inc. will choose the shipment method based upon the best way. All shipments will be sent prepaid with the shipping charges added to Purchaser’s invoice, unless otherwise directed by the Purchaser on the purchase order or provided for by a separate agreement between the parties.
Delivery dates given on a quotation or in an order acknowledgement are based upon good faith estimates and are not guaranteed by CONTA-CLIP, Inc. CONTA-CLIP, Inc. shall not be liable for delays in delivery or in performance due to causes beyond its control including transportation and customs delays, acts of God, acts of the Purchaser, acts of civil or military authority, fires, strikes or other labor disturbances, war, riot or national disasters. In the event of such delay the promised date or performance shall be extended for a period equal to the time lost by reason of the delay. All stock items, unless reserved specifically for a customer, are subject to prior sale.
Payment is due within (30) days from the invoice date. In the event of referral to an attorney or agency for collection of a delinquent account, a collection fee of 10% of the overdue amount plus interest charges of one and one half percent per month will be due.
Orders placed by the Purchaser may be cancelled by the Purchaser with CONTA-CLIP, Inc’s written consent subject to assessment of a cancellation charge based on any costs incurred by CONTA-CLIP, Inc. in relation to production, processing and transportation of the cancelled order.
Purchaser claims of shortages or deductions for erroneous charges must be made within (10) business days of Purchaser’s receipt of ordered product or such claims will not be allowed.
Any product returned to CONTA-CLIP, Inc. by the Purchaser will be accepted only if the following conditions are met: All products returned to CONTA-CLIP, Inc. must be accompanied with a Returned Material Authorization Number obtained from CONTA-CLIP, Inc. No returned product will be accepted without the Returned Material Authorization Number clearly marked and visible on each carton. All returned product is subject to inspection by CONTA-CLIP, Inc. This material must conform to current catalog descriptions and be in resaleable condition. Custom made, specially designed, obsolete products or those products designated as non-returnable in the current price list are not returnable for credit. All returned material is to be shipped freight prepaid. No “freight collect” shipments will be accepted. The credit amount will be calculated on a last invoice basis. In the event that the original invoice cannot be found, credit will be issued based on prices reflected in the price list from two years back. A restocking charge will apply to any returned product and the percentage will be determined by CONTA-CLIP, Inc. No restocking charge will apply to product deemed nonconforming. Any nonconforming product returned under warranty by Purchaser will be repaired or replaced at no charge for labor or parts if deemed deficient by CONTA-CLIP, Inc. provided the return complies with the following requirements:
- Purchaser must submit a written claim to CONTA-CLIP, Inc. describing the specific nature of the relevant details relating to the nonconformance. Purchaser must not return nonconforming product to CONTA-CLIP, Inc. until a Returned Material Authorization Number has been requested by the Purchase and issued by CONTA-CLIP, Inc.
- A return on nonconforming product must be made by Purchaser within (10) business days after the issuance date of the Returned Material Authorization.
- Failure to satisfy any of these requirements for nonconforming products could result in a warranty claim as provided for under Limited Warranty to be disallowed.
Should any product returned to CONTA-CLIP, Inc. not meet the prescribed requirements as defined herein under Returned Goods (10.), CONTA-CLIP, Inc. reserves the right to either refuse receipt of returned product or to send back any returned product which was already received at the Purchaser’s expense.
CONTA-CLIP, Inc. warrants to the Purchaser that the products purchased will beof merchantable quality and free from defects of material and workmanship and will be of kind and quality designated or so specified in the contract. This warranty shall only apply to defects appearing within one year from the date of the CONTA-CLIP, Inc. invoice, with the exception of tools which will carry a six month warranty. CONTA-CLIP, Inc. will not be liable for any modification to its products by the purchaser.
Satisfaction of this warranty will be limited to (a) the replacement of the product by CONTA-CLIP, Inc. or (b) repair or modification of the product by CONTA-CLIP, Inc. or (c) issuance of a credit for the nonconforming products delivered under the order involved. Rights under this warranty are available only if CONTA-CLIP, Inc. is notified promptly in writing of the alleged nonconformance and CONTA-CLIP, Inc.’sexamination of the product discloses that the nonconformance was not due tomisuse, improper installation, improper operation, improper maintenance,alteration, modification, accident or unusual degradation of the equipment or parts due to physical environments in excess of the limits.
There are no warranties which extend beyond this provision. This warranty is in lieu of all other warranties whether expressed, implied or statutory including implied warranties of merchantability or fitness. The Buyer acknowledges that we are not relying on the seller’s skill or judgment to select or furnish goods suitable for any particular purpose. This warranty extends only to the purchaser from CONTA-CLIP, Inc. or its authorized distributor.
We reserve the right to correct errors, omissions and make revisions without notice.
At CONTA-CLIP we do our best to ensure that all information in this catalog is accurate. However, we cannot be held responsible for errors in this catalog. We reserve the right to make changes to technical specifications and products listed in this catalog. All product recommendations are based on our knowledge and experience with the products listed in this catalog or on data sheets. It is the customer’s responsibility to ensure the suitability of our products for each particular application.