363www.contaclipinc.com
Terms & Conditions
GENERAL
No additions or modifications to the Terms and Conditions of Sale herein shall
be binding upon CONTA-CLIP, Inc. unless authorized in writing by an Officer of
CONTA-CLIP, Inc.
The conditions and provisions herein constitute and are essential portions of this
agreement. No prior agreement, oral or in writing, shall have validity, force or effect
whatever unless incorporated herein. Should any provision or condition or Buyer’s
order conflict with any provision herein contained, the provisions of this agreement
shall prevail and be binding. The rights and obligations under this agreement shall be
governed by the Laws of the State of NJ. Errors and omissions by Seller may be
corrected by Seller, if any, all or a part of one or more of the terms and conditions of
this agreement should be declared illegal by any court of law, such part or such term
or terms be considered deleted from this agreement, the remaining to be unaffected
and in full force and effect.
ORDER ACCEPTANCE
All customer orders will be in written form and are subject to acceptance by an
authorized individual of CONTA-CLIP, Inc. in Belle Mead, NJ. Typographical and other
errors made in quotations, order entry and acknowledgements are subject to
correction. The minimum order is $100 net.
PRICES AND CONDITIONS
All prices are based on CONTA-CLIP, Inc.’s current Price List and are those in effect
at the time of shipment. CONTA-CLIP, Inc. reserves the right to change prices at any
time without prior notification. All quotations must be confirmed in writing and are
valid for (30) days from the date of quotation, unless otherwise specified and must be
signed by individuals authorized to make quotations. Unless otherwise stated on the
quotation, prices are FOB Belle Mead, NJ. Prices exclude sales, use, excise, or
other taxes which arise out of the sale. When applicable and required, such taxes
will be added to the sale price.
TAXES
The Purchaser shall provide CONTA-CLIP, Inc. with a Resale Tax Certificate for the
purchased goods. If purchased items are not for resale, the Purchaser will be
responsible to pay all applicable sales, use, excise or similar taxes charged.
SHIPMENT AND FREIGHT
The shipment method and routing will be defined by the Purchaser on the purchase
order. If instructions are not provided, CONTA-CLIP, Inc. will choose the shipment
method based upon the best way. All shipments will be sent prepaid with the
shipping charges added to Purchaser’s invoice, unless otherwise directed by the
Purchaser on the purchase order or provided for by a separate agreement between
the parties.
DELIVERIES
Delivery dates given on a quotation or in an order acknowledgement are based upon
good faith estimates and are not guaranteed by CONTA-CLIP, Inc. CONTA-CLIP, Inc.
shall not be liable for delays in delivery or in performance due to causes beyond its
control including transportation and customs delays, acts of God, acts of the
Purchaser, acts of civil or military authority, fires, strikes or other labor disturbances,
war, riot or national disasters.
In the event of such delay the promised date or performance shall be extended for a
period equal to the time lost by reason of the delay. All stock items, unless reserved
specifically for a customer, are subject to prior sale.
PAYMENT TERMS
Payment is due within (30) days from the invoice date. In the event of referral to an
attorney or agency for collection of a delinquent account, a collection fee of 10% of
the overdue amount plus interest charges of one and one half percent per month
will be due.
ORDER CANCELLATION
Orders placed by the Purchaser may be cancelled by the Purchaser with
CONTA-CLIP, Inc’s written consent subject to assessment of a cancellation
charge based on any costs incurred by CONTA-CLIP, Inc. in relation to production,
processing and transportation of the cancelled order.
CLAIMS
Purchaser claims of shortages or deductions for erroneous charges must be made
within (10) business days of Purchaser’s receipt of ordered product or such claims
will not be allowed.
RETURN GOODS
Any product returned to CONTA-CLIP, Inc. by the Purchaser will be accepted only if
the following conditions are met:
All products returned to CONTA-CLIP, Inc. must be accompanied with a Returned
Material Authorization Number obtained from CONTA-CLIP, Inc. No returned
product will be accepted without the Returned Material Authorization Number
clearly marked and visible on each carton.
All returned product is subject to inspection by CONTA-CLIP, Inc. This material must
conform to current catalog descriptions and be in resaleable condition.
Custom made, specially designed, obsolete products or those products
designated as non-returnable in the current price list are not returnable for credit.
All returned material is to be shipped freight prepaid. No “freight collect” shipments
will be accepted.
The credit amount will be calculated on a last invoice basis. In the event that the
original invoice cannot be found, credit will be issued based on prices reflected in
the price list from two years back.
A restocking charge will apply to any returned product and the percentage will
be determined by CONTA-CLIP, Inc. No restocking charge will apply to product
deemed nonconforming.
Any nonconforming product returned under warranty by Purchaser will be repaired
or replaced at no charge for labor or parts if deemed deficient by CONTA-CLIP, Inc.
provided the return complies with the following requirements:
a. Purchaser must submit a written claim to CONTA-CLIP, Inc. describing the
specific nature of the relevant details relating to the nonconformance.
Purchaser must not return nonconforming product to CONTA-CLIP, Inc.
until a Returned Material Authorization Number has been requested by
the Purchase and issued by CONTA-CLIP, Inc.
b. A return on nonconforming product must be made by Purchaser
within (10) business days after the issuance date of the Returned
Material Authorization.
c. Failure to satisfy any of these requirements for nonconforming products
could result in a warranty claim as provided for under Limited Warranty
to be disallowed.
Should any product returned to CONTA-CLIP, Inc. not meet the prescribed require-
ments as defined herein under Returned Goods (10.), CONTA-CLIP, Inc. reserves
the right to either refuse receipt of returned product or to send back any returned
product which was already received at the Purchaser’s expense.
LIMITED WARRANTY
CONTA-CLIP, Inc. warrants to the Purchaser that the products purchased will be
of merchantable quality and free from defects of material and workmanship and
will be of kind and quality designated or so specified in the contract. This warranty
shall only apply to defects appearing within one year from the date of the
CONTA-CLIP, Inc. invoice, with the exception of tools which will carry a six month
warranty. CONTA-CLIP, Inc. will not be liable for any modification to its products
by the purchaser.
Satisfaction of this warranty will be limited to (a) the replacement of the product by
CONTA-CLIP, Inc. or (b) repair or modification of the product by CONTA-CLIP, Inc.
or (c) issuance of a credit for the nonconforming products delivered under the order
involved. Rights under this warranty are available only if CONTA-CLIP, Inc. is
notified promptly in writing of the alleged nonconformance and CONTA-CLIP, Inc.’s
examination of the product discloses that the nonconformance was not due to
misuse, improper installation, improper operation, improper maintenance,
alteration, modification, accident or unusual degradation of the equipment or parts
due to physical environments in excess of the limits.
There are no warranties which extend beyond this provision. This warranty is in lieu
of all other warranties whether expressed, implied or statutory including implied
warranties of merchantability or fitness. The Buyer acknowledges that we are not
relying on the seller’s skill or judgment to select or furnish goods suitable for any
particular purpose. This warranty extends only to the purchaser from CONTA-CLIP,
Inc. or its authorized distributor.
We reserve the right to correct errors, omissions and make revisions without notice.
At CONTA-CLIP we do our best to ensure that all information in this catalog is
accurate. However, we cannot be held responsible for errors in this catalog.
We reserve the right to make changes to technical specifications and products
listed in this catalog. All product recommendations are based on our knowledge
and experience with the products listed in this catalog or on data sheets. It is
the customer’s responsibility to ensure the suitability of our products for each
particular application.