Terms & Conditions
26 Cummings Road Tyngsboro, MA 01879 P: 978-649-7501 sales@piconics.com
TERMS AND CONDITIONS OF SALE
Standard products manufactured by Piconics are warranted to be free from defects in workmanship and material for a period of 90 days from date of shipment, and products which are defective in workmanship or material will be repaired or replaced, at the option of Piconics, at no charge to the Buyer. Final determination as to whether a product is actually defective rests with Piconics, Inc. The obligation of Piconics hereunder shall be limited solely to repair and replacement of products that fall within the foregoing limitations, and shall be conditioned upon receipt by Piconics of written notice of any alleged defects or deficiency within 30 days of receipt of shipment. No products shall be returned to Piconics without its prior written consent. This warranty does not apply to experimental or developmental products.
Wherever the terms and conditions of your said order are in conflict with our standard terms and conditions of sale, our said standard terms and conditions will prevail.
- PRICES: Any prices quoted by PICONICS, INC. are based on its standard product as detailed in its brochures. If the Buyer submits specifications, which are a variance with the standard product, such specifications are subject to review. Unless otherwise specified, all prices are net 30 days without any discount, F.O.B. PICONICS plant, Tyngsboro, Massachusetts, and said prices do not include any federal, state or local taxes (including, without limitation, sales use, excise, and similar taxes). Wherever applicable, such taxes shall be for the account of Buyer, and may be added to the invoice to be paid by Buyer. A finance charge computed by a periodic rate of 1 and 1/2% per month, which is an annual percentage rate of 18% per year, will be made on all balances which remain unpaid 30 days from date of shipment.
- CHANGES: PICONICS is not obligated to perform any additional work not specifically covered herein without compensation in addition to that shown in this quotation. The prices given are valid only for the purpose of this quotation or acknowledgment and shall not be binding upon PICONICS as the basis for subsequent pricing for like devices. Changes in the construction or part drawing or specification may cause a change in the price quoted herein.
- PARTIAL BILLING: PICONICS, INC. reserves the right to make partial shipments for work completed to such date. Where installment shipments are made, each such shipment shall be separately invoiced on the date of shipment, and invoices will become due accordingly.
- EXCUSABLE DELAYS: PICONICS, INC. shall not be liable for late delivery or non-delivery owing to strikes, fires, lockouts, breakdowns, transportation delays, accidents, production difficulties, unforeseen engineering problems, government restrictions, regulations or priorities, acts of God, or any other causes beyond control of PlCONICS, I NC.
- TRANSPORTATION: The Buyer shall be responsible for the actual cost and manner of transportation of Buyer's property to and from the plant of PICONICS, INC.
- PATENT RIGHTS: All patent and trademark rights are reserved by PICONICS' products does not imply the sale to the Buyer or right to use by the Buyer of any of the patent or trademark rights owned by PICONICS, INC. PICONICS, INC. makes no warranty against infringement. The Buyer assumes and will bear the expense of and wi II hold and save PlCONICS, INC. ha rm less against any suit, claim or damage arising from or out of any claimed patent or trademark liability for goods manufactured in compliance with Buyers design or specifications, or goods specifically designed by PICONICS, INC. to meet Buyers requirements, which goods differ from the standard items set forth in the brochure and/or catalogues of PICONICS, INC. This paragraph shall be construed to include contributory infringements due to further processing by the Buyer.
- SHIPPING SCHEDULES: Where Buyer's shipping schedules as specified involve less than $100 of billing value PICONICS, INC. reserves the right to ship in lots of no less than $100 of billing value regardless of the Buyer's specified shipping schedule.
- CANCELLATION: The Buyer may cancel its order upon written notice to PICONICS, INC. and upon payment of cancellation charges, which shall take into account, among other things expenses already incurred and commitments already made by PICONICS, INC. Orders placed on hold by the Buyer for a period of (3) weeks shall be viewed as cancelled, unless a mutually acceptable schedule is received by PICONICS, INC. prior to the conclusion of the (3) week period.
- TEST PROGRAMS: PICONICS, INC. requires at least (2 ) weeks written notification should a Buyer desire to witness test programs, even if the order states that tests shall be witnessed. Such test programs defined as either acceptance or qualification programs, are performed partially by PICONICS and partially by an independent testing laboratory. A written request from the Buyer is therefore required.
- GOVERNMENT SOURCE INSPECTION: Should the Buyer require Government Source Inspection, it is necessary that the Buyer supply the information specifically stated on his purchase order. A letter of prime contract number noted therein at least seven days prior to the program being initiated is required. Such notification is the requirement of the Department of Defense, and must be furnished to PICONICS, INC. for transmittal to the appropriate inspector, who is a qualified DCASD inspector. Government inspection cannot be provided unless the Buyer complies with these requirements.
- TOOLING AND/OR ENGINEERING CHARGES: When tooling and/or engineering charges are included in the invoice, such billing or payment thereof shall not imply ownership of the tools by the Buyer. The tools shall always remain the property of PICONICS, INC.
- DATES OF SHIPMENT: On sales acknowledgements and quotes, dates of shipment are estimated and are not guaranteed.
- COMPLETE AGREEMENT: This quotation, and the terms and conditions appearing herein constitute the entire agreement, which agreement shall not be abridged or modified, and no portion of, or provision therein, shall be deleted without prior, express, written approval of PICONICS, INC. Also, this sale, and the shipments pursuant thereto shall be subject solely to the forgoing terms and conditions, and no other terms and conditions, whether set forth in the Buyer's purchase order or otherwise, shall be binding upon PICONICS, INC. unless accepted in writing by it.