Acceptance – No order shall be binding upon iTECH until accepted and acknowledged in writing by iTECH. Any contract for sale of goods, and these Conditions of Sale, shall be governed by and construed according to the Uniform Commercial Code as adopted in the State of California.
Delivery – The estimated shipping date is based on production times required to process the order commencing with the date the order is received by iTECH. In the event it is necessary to revise the design, specifications, or Conditions of Sale, the shipping date shall be extended by the period of time required to achieve the mutually agreed upon corrections or adjustments of the design, specifications, or Conditions of Sale.
Delays in Delivery – Purchaser shall not hold iTECH responsible for any delay or for any damages suffered by the Purchaser by reason of any delay due to fires, strikes, riots, Acts of God, priorities, government orders or restrictions, delays in transportation, delays by suppliers of materials or parts, inability to obtain necessary labor, or other causes beyond the control of iTECH. In the event of such delay, the shipping date shall be extended for a period of equal to the time lost by reason of such delay.
Damage or Loss in Transit – Delivery of good to a carrier at iTECH’s plant or other shipping point shall constitute delivery. Regardless of Freight payment, all risk of loss or damage in transit shall pass to Purchaser at that time. Purchaser shall make claims for loss or damage to goods while in transit against the carrier. iTECH will assist Purchaser in securing satisfactory adjustment of such claims. Terms are F.O.B. iTECH dock.
Warranties – For all products listed herein, iTECH warrants goods manufactured by it to be free from defects in materials and workmanship for a period of (1) year from date of shipment from its plant. If within such period any good shall be proven to iTECH’s satisfaction to be defective, then such goods shall be repaired or replaced at iTECH’s option. Such corrections or replacement of defective goods shall constitute fulfillment of all liabilities in respect to such goods. Under no circumstances will credit be allowed for unauthorized rework on any materials.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHASTOVER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
iTECH shall not be liable for damages to goods, property, or persons due to improper installation, or through attempts to utilize the good under conditions that exceed the designed capabilities.
Payment Terms – Net 30 days from invoice date, past due thereafter. Standard payment terms are in U.S. Funds.
Quotations and Prices – Orders shall be billed at price in effect at time of order. All orders require a valid customer PO number.
Quotations are valid for (30) days, unless otherwise specified, and represent no obligation until the purchase order is acknowledged and accepted.
Freight Terms – F.O.B. iTECH facility. All shipments will be collect, prepay and add, or by third party billing.
Cancellation – iTECH will consider requests for cancellation of orders if the factory receives such request in time to stop shipment. Cancellation charges can total up to 100% of invoice value, subject to the type of product involved and status of work-in-progress.
Discounts provided to the Purchaser based on quantity commitments are subject to rescission and retroactive billing should actual quantities purchased be less than committed. Price adjustments will be based upon iTECH quotation or price list.
Returned Goods – Authorization (RMA) and shipping instructions for the return of any goods must first be obtained by the customer or Purchasing Distributor from iTECH, otherwise shipment will be refused. Only unused goods of current design in original carton, purchased from iTECH will be considered for return.
If goods are in salable condition, a 20% restocking charge with a $50 minimum will be deducted from our Credit Memorandum on the returned goods. Transportation charges on the returned goods must be prepaid (or deducted from our credit memorandum if sent collect).
Custom or modified products cannot be returned for credit. If the return of our goods is made necessary through some fault of iTECH, full credit will be allowed. Return transportation expense from Purchaser to iTECH will be credited, provided the return has been authorized by iTECH (RMA) and is in accordance with the shipping instructions.
Taxes and Other Charges – Any manufacturer’s tax, retailer’s occupation tax, use tax, sales tax, excise tax, duty, custom inspection or testing fee, or other tax, fee, or charge of any nature whatsoever, imposed by any governmental authority on or measured by any transaction between iTECH and Purchaser, shall be paid by Purchaser in addition to the prices quoted or invoiced.
Compliance with Laws – Purchaser acknowledges that the products and the purchase of products are subject to the customs, import and export control laws and regulations of the United States, and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. Purchaser agrees to comply with all applicable laws and regulations now or hereafter in effect, including, but not limited to, the U.S. Export Administration Act and Foreign Corrupt Practices Act.
Consequential Damages – Notwithstanding anything contained herein to the contrary, iTECH shall not be liable for any consequential, contingent, or incidental damages whatsoever.
Penalty Clause – No penalty clause of any description, in any specification or order, will be effective unless approved in writing over the signature of an officer of iTECH.
Errors – All clerical errors are subject to correction.
Conflicting Terms - If the terms and conditions herein conflict or are inconsistent with any terms and conditions contained, incorporated or referred to in any document of the Purchaser, these conditions shall prevail, unless otherwise agreed to in writing by iTECH.