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Terms and Conditions
a. Customer acknowledges that the equipment purchased from Global Test Equipment is pre-owned (used) unless stated by Global Test Equipment to be new equipment.
b. Defects or discrepancies in or like objections to Equipment must be reported to Global Test Equipment in writing within five days after Customer receives the Equipment or it will be conclusively presumed that the Equipment was as ordered and was received in good condition and is accepted.
c. Global Test Equipment offers a five (5) day right of return policy unless otherwise noted. If within five days the Equipment is found to be defective or does not meet the Customer's needs, the Equipment, upon receipt of authorization, may be returned to Global Test Equipment. Upon receipt of the returned Equipment Global Test Equipment may at its discretion provide a replacement unit to the Customer or provide a credit to the Customer's account for the purchase price of the Equipment.
Global Test Equipment warrants the Equipment sold against defects in material workmanship in equipment to Customer for a period of 1 year and parts and accessories for 90 days for all sales unless otherwise noted in writing. The warranty period commences at the date of shipment from the Global Test Equipment supplying location. If the Equipment, under normal use, is found to be defective within this period, Customer shall notify Global Test Equipment and immediately ship the defective Equipment, at its expense, to Global Test Equipment. Under no circumstances is the Customer authorized to break the warranty seals on the Equipment without prior approval of Global Test Equipment. Upon receipt of the defective Equipment, Global Test Equipment shall at its option repair the Equipment, supply a replacement, make a price adjustment or credit the Customer's account. Nonpayment or delinquent payment (10 days or more past the agreed terms) "voids" warranty. In cases of shipping damage, warranty does not apply. It is customer's responsibility to contact forwarder promptly and register a claim. Concealed damage should be reported at once and claim made to forwarder in writing. The warranty shall not apply to repairs or damage resulting from use by non-qualified personnel, misuse, abuse, neglect, broken warranty seals or use of the Equipment for purposes other than that for which it was intended. In addition, the following items sold as part of the Equipment are not warranted including CRT's, klystrons, internal batteries, and software. The foregoing is the sole and exclusive warranty and remedy regarding Equipment purchased by Customer and is in lieu of all other warranties and remedies, whether written, oral, implied or statutory. ALL WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. Global Test Equipment will not be liable for any loss or damage whatever by reason of its failure to discover, report, repair or modify latent defects inherent in the design of the Equipment. WARRANTY WILL BE VOID IF PAYMENTS ARE NOT RECEIVED BY Global Test Equipment BY THE TENTH DAY AFTER ANY AGREED UPON CREDIT TERMS EXPIRE.
3. Terms of Payment
Terms are “Due Upon Receipt of Invoice”, (from date of invoice) unless otherwise stated. If credit terms (terms) are agreed to by Global Test Equipment, payments are delinquent one day after the terms expire. Payments not received by Global Test Equipment by the tenth day after the terms expire are subject to an initial late payment fee of 1.5% of the invoice total and 1.5% for each additional thirty days after the terms expire, but not exceeding the maximum lawful rate. Global Test Equipment reserves the right to change the terms at any time when, if in Global Test Equipment's opinion, Customer's financial condition or previous payment record so warrants.
4. Payment and Taxes:
In addition to the price specified herein and transportation costs, the Customer is responsible for paying the gross amount of any sales tax, use tax, property tax, excise tax, value-added tax or other similar tax applicable to the sale or delivery of the Equipment or its use by the Customer. In lieu thereof, the Customer has the responsibility to furnish Global Test Equipment, in advance, with a tax exemption certificate acceptable to the taxing authorities.
All quoted prices are F.O.B. from the Global Test Equipment supplying location of which shipment is made. Delivery and shipment charges are payable by Customer. Equipment will not be sent and must not be returned by U.S. Mail. Global Test Equipment shall ship in accordance with Customer's shipping instructions. In the absence of specific instructions, or if Customer's instructions are deemed unsuitable, Global Test Equipment reserves the right to ship by the most appropriate method. Global Test Equipment shall not be liable for delays in delivery due to causes beyond its reasonable control including, but not limited to, acts of nature, acts of government, labor disputes, delays in transportation and delays in delivery or non-delivery by Global Test Equipment’s suppliers. Risk of loss of the Equipment passes through to the Customer at the time of delivery to a common carrier at the F.O.B. point.
Global Test Equipment reserves the right to change prospectively the published prices, discounts, terms and product availability at any time without prior notice. Global Test Equipment shall retain a security interest in the Equipment until the purchase price, plus any interest incurred, is paid in full.
7. Limitation of Liability:
a. Global Test Equipment’s liability on any claim of any kind (excluding death and bodily injury), whether based on contract, warranty, tort (including negligence), strict liability of service or otherwise, for any loss or damage arising out of or connected with or resulting from the supply of Equipment hereunder, shall in no case exceed the price paid by Customer to Global Test Equipment for such Equipment.
b. In no event, whether in contract, warranty, tort (including negligence), strict liability or otherwise, shall Global Test Equipment be liable for special, incidental, exemplary or consequential damages, including but not limited to, loss of profits or revenue, loss of use of any property, business interruption, loss of stored data, downtime costs, costs of substitute service, or claims of the Customer for such damages.
c. The good(s) sold under the Agreement were originally purchased by Global Test Equipment from other sources and are being sold under circumstances which do not permit investigation of possible risks under patents or copyrights. Global Test Equipment, therefore, assumes no obligation of Customer with respect to such risks.
d. Each of the foregoing paragraphs will apply to the full extent permitted by law. The invalidity, in whole or part, of any foregoing paragraphs will not affect the remainder of such paragraph or any other paragraph of this article.
If Customer defaults in its obligations hereunder or with respect to the Equipment, Customer agrees to pay Global Test Equipment for all costs and expense incurred by Global Test Equipment in recovering the Equipment, recovering any money due, and enforcing its rights hereunder. Global Test Equipment shall be entitled to recover its legal fees and expenses whether or not formal legal action is instituted.
Any required notices shall be given in writing at the address of each party set forth or to such other address as either party may substitute by written notice to the other.
Neither party may assign or transfer any rights, duties or obligations herein without prior written consent of the other, nor any purported attempt to do so shall be null and void.
11. Government Procurement:
No U.S. government procurement regulation shall be included hereunder or be binding on either party unless specifically agreed to in writing and expressly incorporated herein.
Stenographic, typographic and clerical errors are subject to correction.
13. Applicable Law:
The laws of the State of Illinois govern the validity, interpretation and enforcement of this agreement.
The following are the terms and conditions that apply to the rental of test equipment (Equipment) by Global Test Equipment. By placing an order for Equipment (Equipment as referred to herein shall include all related accessories, manuals and other items that have been delivered with this order), the Customer accepts and agrees to these terms and conditions. Any additional or different terms and conditions proposed by the Customer or set forth in the Customer's purchase order, if any, will not be binding upon Global Test Equipment unless attested to in writing by an authorized representative of Global Test Equipment.
15. Terms of Rental:
Customer agrees to rent the Product(s) from Global Test Equipment. Unless otherwise agreed to in writing by Global Test Equipment, the minimum rental period shall be one (1) month and the minimum rent shall be $100. Rent will begin to accrue from the date of shipment by Global Test Equipment. After the first month, the monthly rental shall be prorated on a daily basis and continue to accrue until the Product(s) are returned and received by Global Test Equipment. Customer shall pay rent to Global Test Equipment. If Product(s) are shipped in installments, each installment shall be deemed a separate Rental and Customer shall pay rent for each such transaction in accordance with Global Test Equipment’s General Sales Terms & Conditions and Global Test Equipment’s Rental Terms & Conditions.
16. Nature of Transaction
This transaction is only a rental of the Product(s) and title shall not pass to Customer. Customer agrees to promptly execute any documents requested by Global Test Equipment to protect its rights hereunder, including protective UCC filings.
17. Use, Maintenance and Return
Customer may use the Product(s) only for the purposes and in the manner intended by the manufacturer thereof. Customer shall be responsible for all maintenance of the Product(s), provided that Global Test Equipment agrees to repair or calibrate defective equipment at Global Test Equipment’s facility. Customer shall insure each Product in accordance with customary business practice. Each Product shall be returned to Global Test Equipment at the end of the rental thereof, freight prepaid and insured, properly packaged and in the same condition as delivered, ordinary wear and tear excepted. If Customer fails to so return any Product, Equipment, Manuals, and/or Accessories then Customer shall, upon demand, pay to Global Test Equipment the full replacement cost of such product or Global Test Equipment’s advertised sales price, whichever is greater.
If Customer fails to perform the terms hereof then Global Test Equipment may declare this Agreement in default. Upon such declaration, Customer shall immediately return the Product(s) to Global Test Equipment in accordance with section 3 above. Such return shall not relieve Customer of its obligation to pay rent or any other amounts, which accrued hereunder prior to such return.
19. No Purchase Options
Unless otherwise specifically quoted by Global Test Equipment, Customer does not have the right to purchase or acquire title to the Product(s) at the end of the rental thereof. Any such purchase option is automatically deemed void if Customer defaults in its obligations hereunder.
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