TITLE - Title to the products of ALTECH shall remain with ALTECH until
payment is made in full by Customer. Such reservation of title is for the purpose
of securing the purchase price and shall not relieve Customer of the duty to
inspect the products upon receipt, to notify ALTECH of any deficiencies or
defects, and to exercise due care in the use, installation, operation, and
maintenance of the products when on the premise of the Customer or under the
control of the Customer. Notwithstanding any reservation of title by ALTECH, risk
of loss shall pass to customer at any time of shipment.
SHIPMENT AND DELIVERY - All orders for destination in the mainland
United States (less Hawaii, Alaska and non-continental United States
possessions) will be shipped F.O.B. Flemington, N.J. All destination, shipping and
other charges shall be paid by the Customer in accordance with ALTECH’s then
current shipping and billing practices.
Delivery dates given in the acceptance of any order are approximate. ALTECH
shall not be liable for delays in delivery or in performance due to causes beyond
its reasonable control including acts of God, acts of Customer, acts of civil or
military authority, fires, strikes or other labor disturbances, war, riot or delays in
transportation. In the event of such delay, the date of delivery or performance shall
be extended for a period equal to the time lost by reason of the delay.
PRICE - PRICES in any ALTECH publication are subject to change without
prior notification. Catalog prices are based on prices published in the current price
list. All written quotations are valid for thirty (30) days from the date of quotation.
Customer shall pay all sales, use, excise or similar taxes whenever ALTECH must
itself pay and/or collect such tax from Customer arising out of the sale.
PATENT INDEMNITY - ALTECH shall defend or settle any suit or proceeding
brought against Customer based on a claim that any equipment made to ALTECH
design and furnished hereunder constitutes an infringement of any existing United
States patent, provided (ALTECH) is notified promptly in writing and is given
complete authorization and information required for the defense, and ALTECH
shall pay all damages and costs awarded against Customer, but shall not be
responsible for any costs, expense or compromise incurred or made by Customer
without ALTECH’s prior written consent. If any equipment is in ALTECH’s opinion
likely to or does become the subject of a claim for patent infringement, ALTECH
may at its option and expense procure for Customer the right to continue using
the device, modify it to become non-infringing, but in the event ALTECH is not
reasonably able to modify, substitute, or otherwise procure for Customer the right
to continue using it, ALTECH will remove such equipment and refund to Customer
the amount paid in excess of a reasonable rental for past use.
ALTECH shall not be liable for any infringement or claim based upon use of
the equipment in combination with other equipment not supplied by ALTECH or
with modifications made by Customer.
The foregoing states the entire liability of ALTECH to Customer arising from
patent infringement.
SELLER’S REMEDIES - Should Customer fail to make any payment within
ten (10) days of its due date, or fail to perform any other of the Customer’s
obligation hereunder upon thirty (30) days written notice, or should Customer be
or become insolvent or be a party to any bankruptcy receivership proceeding prior
to full payment of all amounts payable hereunder, ALTECH may: (a) with or without
demand or notice to customer declare the entire amount unpaid immediately due
and payable; (b) enter upon the premises where the equipment may be found and
remove it (Customer shall assemble the equipment and make it available to
ALTECH at a place reasonably convenient to both parties and shall permit and
assist ALTECH in effecting the retaking and removal of the equipment); and (c) sell
any or all the equipment as permitted under applicable law, applying the proceeds
of the sale to payment of the expenses of retaking, repairing and selling the
equipment, reasonable attorney fees and to the satisfaction of all indebtedness
then due and unpaid under this Agreement. Any surplus shall be paid to Customer
and any deficiency shall be paid to ALTECH by Customer.
PAYMENT - Customer agrees to make payment within thirty (30) days of date
of the invoice from ALTECH. Customer agrees to pay a late payment charge of
one and one-half percent (1.5% per month, or the maximum late payment charge
permitted by applicable law, whichever is less, on any unpaid amount for each
calendar month (or fraction thereof) that such payment is in default. Orders
amounting to less than $100.00 will be billed at $100.00 plus freight. Full carton
purchases are required. In the event of referral to an attorney for collection,
reasonable attorney’s fees for collection of the overdue amount shall be paid by
Customer. In the event payment is not received within 30 days from the date of
invoice, any discount shall be cancelled and the full list price will be due.
LIMITED WARRANTY - ALTECH warrants to Customer that the equipment
purchases shall be free from defects in material and workmanship under normal
use and service for a period of one year from shipment.
The remedies provided herein shall be cumulative and in addition to all other
remedies provided by law or equity or under the Uniform Commercial Code.
Written notice as an explanation of the circumstances of any claim that the
equipment has proved defective in material or workmanship shall be given
promptly by the Customer to ALTECH.
GOVERNING LAW - This agreement will be governed by the Laws of the
State of New Jersey.
ALTECH will not be liable for any misuse, improper operations, improper
installation, improper maintenance, alteration, modification, accident or unusual
degradation of the equipment or parts due to an unsuitable installation
environment.
No representation of other affirmation of facts, including but not limited to
statements regarding capacity, suitability for use or performance of the
equipment, shall be or be deemed to be a warranty or representation by ALTECH
for any purpose, nor give rise to any liability or obligation of ALTECH whatsoever.
Customer’s sole and exclusive remedy in the event of breach of warranty, as
set forth herein, is expressly limited to (1) the correction of the defect by
adjustment, repair, modification, or replacement, or (2) issuance of a credit or
refund of the purchase price for the defective equipment at ALTECH’s election and
sole expense.
GENERAL - This Agreement shall only become effective and binding when
either (a) it has been accepted and executed by an authorized representative of
ALTECH, or (b) the equipment has been shipped to Customer, with or without
acceptance in writing hereon. Notice of acceptance is hereby waived by
Customer. Customer hereby acknowledges receipt of a true and complete copy
hereof.
No addition to or modification of any of the Terms and Conditions of Sale as
they appear herein shall be binding upon ALTECH unless signed in writing by duly
authorized representative of ALTECH in Flemington, N.J.
Typographical and clerical errors in quotations, orders and acknowledgments
are subject to correction.
This Agreement is not assignable without the prior written consent of
ALTECH. Any attempt to assign any of the rights, duties or obligations of this
Agreement without such consent is void.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THERE ARE
NO OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE.
If any provision or provisions of this Agreement shall be held to be invalid,
illegal or unenforceable, the validity, legality and enforceability, of the remaining
provisions shall not in any way be affected or impaired thereby.
THIS WARRANTY EXTENDS ONLY TO THE CUSTOMER FROM ALTECH OR
ITS AUTHORIZED DISTRIBUTOR.
ALTECH is not responsible for failure to fulfill its obligation under this
Agreement due to causes beyond its control, or except as agreed herein.
THE CUSTOMER ACKNOWLEDGES THAT HE HAS READ THE AGREEMENT,
UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND
CONDITIONS. FURTHERMORE, THE CUSTOMER AGREES THAT IT IS THE
COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN
THE PARTIES, WHICH SUPERSEDES ALL PROPOSALS OR PRIOR
AGREEMENTS, ORAL OR WRITTEN, EXPRESSED OR IMPLIED, AND ALL
OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE
SUBJECT MATTER OF THIS AGREEMENT.
LIMITATION OF LIABILITY - IN NO EVENT, SHALL ALTECH BE LIABLE FOR
LOSS OF PROFITS, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER
SIMILAR DAMAGES ARISING OUT OF ANY BREACH OF THIS AGREEMENT OR
OBLIGATIONS UNDER THE AGREEMENT.
ALTECH SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY DELAY
IN SHIPMENT, INSTALLATION OR FURNISHING OF EQUIPMENT OR SERVICES
UNDER THIS AGREEMENT.
No action arising out of any claimed breach of this Agreement may be brought by
either party more than two (2) years after the cause of action has accrued.
22
Altech Corp.® • 35 Royal Road • Flemington, NJ 08822-6000 • Phone (908)806-9400 • FAX (908)806-9490 • www.altechcorp.com
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