No material can be returned without first obtaining a written returns goods authorization from seller's marketing department. A copy of the authorization MUST BE INCLUDED with the material being returned.
Products accepted for return must be in their original, unopened cartons, purchased within the last 3 months, and be current design and manufacturer. Products designed and produced to buyer's specifications or products not cataloged or of obsolete manufacturer many not be returned for credit.
Material authorized for return must be shipped prepaid to the seller's destination within 30 days of authorization.
No return authorization shall be issued for less than $100.00. All such material returned will be subject to a restocking and handling charge of 20% of the original net value of the products at the time of purchase. Any material which fails seller's incoming inspection will be rejected and no credit will be issued.
Cancellation of standard catalog items will be allowed only when buyer pays cancellation charges based on the accumulated expense and commitments made by seller to supply the material in accordance with the buyer's original request.
Minimum cancellation charge is 20%
Special ordered items are non-cancellable.
Seller warrants that the products it manufactures and sells shall be free from defects in material and workmanship for a period of 3 months from date of shipment to buyer . The warranty does not apply to any products which are misused, modified, repaired or otherwise abused by buyer or others. Seller's sole obligation for breach of warranty shall be to repair or replace (F.O.B. original delivery point) any goods which are non-confirming or defective as specified by buyer within 30 days of discovery of defect. All installation and transportation expenses, and all other incidental expenses and damages shall be borne by the buyer.
THIS WARRANTY IS EXPRESSLY IN LIEW OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTIFULAR PURPOSE
LIMIT OF LIABILITY
IN NO EVENT SHALL SELLER BE LIABLE FOR ANY TYPE OF SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PENAL DAMAGES, WHETHER SUCH DAMAGES ARISE OUT OF OR ARE A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR OTHERWISE.
Such damages shall include, but not be limited to, loss of profit or revenues, loss of use of the equipment or associated equipment, cost of substitute equipment, facilities, down time cost, increased construction costs or claims for damages. Seller shall not be liable for any loss, claim, expense or damage caused by, contributed to or arising out of the acts or omissions of buyer, whether negligent or otherwise.
Seller shall defend any suit or proceeding brought against buyer based on a claim that any goods of seller's design furnished to buyer constitute an infringement of any U.S. patent. Buyer must notify seller promptly, in writing, of such claim. Sell will not be liable if alleged infringement is the result of the application or use to which such goods are put by buyer or others if different than seller's application data.
Buyer agrees to protect seller and save it harmless from all expense and damages which result from claims or demands that goods manufactured by seller according to buyer's design or specification infringe the right, title or interest of any third party because of being so produced. Buyer shall defend seller in such claims and pay all expenses and damages based on claimed infringement.
The foregoing states the entire liability of either party to the respect in infringement.
All matters relating to the interpretation and effect of these terms and any authorized changes shall be governed by the laws of the State of Tennessee.