ACCEPTANCE / GOVERNING TERMS:
These Terms and Conditions of Sale (“Agreement”) shall apply to all sales of products by Inverter Systems, Inc., a Corporation of the State of Pennsylvania. As used in these Terms and Conditions of Sale, “we”, “office”, “factory”, and “our” shall refer to ISI. Unless specifically agreed in writing by an authorized representative of ISI, any different or additional terms and or conditions proposed by any customer in a purchase order, response to quotation, or other proposal are hereby rejected by ISI, and shall not be incorporated into the agreement for sale of ISI products. Customer’s assent to these Terms and Conditions of Sale shall be conclusively presumed from customer’s order of proposal, and such acknowledgement constitutes an acceptance of an offer, such an acceptance is expressly made conditional on customer’s assent solely to these Terms and Conditions of Sale, which shall form part of the acknowledgement, and acceptance by customer of any products shall be deemed to constitute such assent. If any quotation or other document of ISI is deemed to constitute an offer to customer, customer’s acceptance of such an offer is limited to these Terms and Conditions of Sale.
TERMS OF PAYMENT:
Terms of payment for ISI shall be NET 30 days. No discounts are allowed without prior approval in writing by an authorized representative of ISI. A service charge of 1.5% per month will be charged by ISI or its authorized collection agency on any customer balance due at the end of the month following the month of billing. Should it become necessary for ISI to institute formal collection proceedings to collect any past due amounts from the customer; ISI shall be entitled to recover its attorney’s fees and other costs associated with the proceedings. Notwithstanding the acceptance of any order by ISI, we reserve the right not to ship material to any customer not paying in accordance with our terms or who in the sole opinion of ISI, may be unable to meet its payment obligations to ISI.
Freight will be prepaid and allowed by ISI for orders totaling $1800 or more for both tritium self-luminous products or electrical products, or any partial releases meeting the set criteria that is to be shipped within the limited continental United States. Outside the continental United States, customer should consult office. Orders not qualified for paid freight will be shipped with transportation charges prepaid by ISI, and added to customer’s account. Partial shipments will be made at the direction of the customer, provided the customer pays excess freight. When ISI bears the cost of shipment, we reserve the right to ship all orders in one complete shipment. Partial shipments may be made at our discretion. ISI will not be held responsible for storage charges or cartage charges beyond the destination address acknowledged by ISI. All shipments will be made by carrier selected by shipper; normally UPS surface. If order is above $1800 and customer requires carrier other than UPS, invoice will reflect any additional difference in freight charges.
ISI reserves the right to refuse the request of any distributor to make direct shipments of products to any destination inside or outside the regular or assigned sales and service area of the distributor.
MERCHANDISE AND CLAIMS TERMS:
Unless otherwise noted, sales of ISI products will be FOB factory. Title of all products shall pass from ISI to our customers upon execution of a bill of lading or tender of freight to carrier’s agent or customer’s agent, whichever shall first occur. All claims for loss or damage in transit must be made by consignee to carrier within 30 days.
DATE OF SHIPMENT:
Shipping dates are approximate and are based on conditions existing at time of ISI’s receipt of customer firm order and full information. ISI will in good faith endeavor to ship by the estimated shipping date but shall not be responsible for any delay or any damage resulting there from.
RETURN MERCHANDISE TERMS:
No merchandise may be returned by customer without prior written authorization in the form of a Return Goods Authorization (RGA), which has been issued by ISI and must be requested by the customer within 30 days of the original shipment date for tritium self-luminous products, or within 90 days for all other products. Except with respect to defective items, returned merchandise must be in its original sealed cartons. Non-stocking products, special order products, custom made products, and/or outdated or modified versions of cataloged factory stocking items are sold only on a non-cancelable and non-returnable basis, and will not be accepted for return. Except for products considered by ISI to be defective in workmanship or materials, all returns will be subject to a minimum 35% restocking and factory inspection charge, and a deduction will be made for the freight expense of the original shipment. This minimum charge will be based on the condition that factory inspection reveals that all material is in original factory condition. Damages due to alterations, abuse, modifications, improper installation, or improper operating conditions or environmental damage are not covered by warranty, and resulting repair will increase the above minimum re-stocking charge. Merchandise accepted for return must be shipped prepaid to the factory or other destination as specified by ISI. All returned material must be packaged with proper and sufficient packing material as to prevent damage in transit. Any damage as a result of insufficient packaging and not covered by carrier shall be charged back to the distributor.
MATERIAL FOUND TO BE DAMAGED IN TRANSIT:
A claim form must be filed with the driver on receipt of damaged cartons. Follow directions of carrier as to retention of shipping boxes, etc. and notify ISI immediately.
ORDER CANCELLATION TERMS:
ISI will accept order cancellations from customers only if the cancellations are sent to ISI in writing, and received prior to shipment of orders affected. Verbal order cancellations will not be accepted. Cancellation charges to be applied shall not be less than 10% of the order, and shall be subject to increase based on costs incurred by ISI including but not limited to labor, material, set up, and transportation charges. All costs for warehousing and freight on orders cancelled after shipment and/or refusal at destination will be charged to the customer.
MINIMUM ORDER CHARGE:
A service charge of 50% of the price of material will be added to all original customer orders which total less than $50 net. Overage payment policy shall not apply to any order or value below the $50 minimum.
Prices are subject to change without notice. ISI will ship merchandise at prices prevailing at the time of shipment. Prices are exclusive of sales, use, excise or similar taxes unless otherwise noted.
ISI in no way, expressed or implied, accepts responsibility for voltage determination. ISI shall not be responsible for quotations of prices or specifications concerning non-cataloged products unless ISI confirms this to the customer in writing. Cataloged items are those listed in ISI’s current price sheets. Dimensions and fixtures are subject to change without notice. Unless specifically agreed to by ISI in writing, we do not warrant compliance of our products with individual project specifications.
CHANGES IN PRODUCT DESIGN:
ISI reserves the right to change, discontinue, or modify the design and construction of any of its products and to substitute material equal to or superior to that originally specified.
ISI warrants that its products are fit for the purpose(s) intended and not for any other purpose(s). This warranty does not apply to products which have been altered, subject to neglect, abuse, misuse, or accidents (including shipping damages).
ISI warrants that its products are free from defects in materials and workmanship. We will repair or replace defective merchandise without charge (at our sole discretion) for a period of one year from the date of shipment. Batteries are provided as part of unit equipment carry an additional warranty as listed elsewhere. This warranty does not apply to products not manufactured by ISI. This warranty is exclusive and in lieu of all other warranties, whether expressed, implied, or statutory.