ACCEPTANCE:
All sales made by Transtek Magnetics (Transtek) and its customers (Customer) are subject to these terms and conditions. The terms and conditions hereof become the exclusive and binding agreement between the parties covering the purchase of the products or services ordered herein when this order is accepted by acknowledgement and/or commencement of performance. The goods and/or services set forth on the face hereof must be supplied only on these terms and conditions, additional or different terms proposed by Transtek by acknowledgement hereof will not be applicable unless accepted in writing by the Customer. No change, modification or revision of this agreement shall be effective unless in writing and signed by Transtek’s authorized representative or officer.
PLACEMENT OF ORDERS:
The customer shall order goods from Transtek in writing (fax or e-mail) and each order will specify: a) The date of the placement of the order; b) The goods ordered with part number and brief description; c) A preferred delivery date for the goods; d) Prices according to previous quote; e) Shipping details; f) Trade/Freight term; g) Payment term; and h) Total order amounts.
CONFIRMATION OF ORDERS:
Transtek shall confirm the Purchase Order within 48 hours of placement. Any changes, revisions, or modifications shall be presented in writing to the Customer.
CANCELLATION OF ORDERS:
The customer may request the cancellation of an order with 11 or more weeks in advance from the first delivery date of the purchase order, if cancellation is submitted in writing. The customer will be responsible only for the cost of material that has been procured prior to the cancellation. If the Customer requests the cancellation between 6 and 10 weeks, the Customer will then be responsible for 50-100% of the agreed price to cover material and shipping expenses. If the Customer requests the cancellation under 6 weeks from the delivery date, the Customer is responsible for 100% of the agreed price of the product.
INSPECTION AND ACCEPTANCE:
All products purchased hereunder shall be subject to inspection and test by the Customer to the extent practicable prior to final acceptance, which shall be within 14 days from the delivery date. In case any product is defective in material or workmanship, or otherwise not in conformity with the requirements of the original order, the Customer has the right either to reject it, require its correction, or conditionally accept it.
All orders shall have an F.O.B. point established. The F.O.B. point determines who will pay the freight and where title passes. If Purchase Order terms are F.O.B. Final Destination, then that means the vendor will pay the freight and title/ownership to the products that will pass to the customer upon acceptance at the Customer’s Receiving Dock. If the F.O.B. point is other than final destination, then that means the Customer will pay the freight charges from F.O.B. point to final destination and that title/ownership will pass to the Customer at the F.O.B. point.
RETURNS AND EXCHANGES:
Customers wishing to return merchandise for any reason shall first contact their Account Executive for the proper processing of the return. Rejected samples must be sent with a SCAR document to Transtek for evaluation before an RMA number may be issued. A copy of the original invoice or packing slip should be included, as well as information on the Purchase Order Number, rejected quantity, invoice number, packing list number, and a lot number or date code if it is available. After Transtek has reviewed the information, an RMA number will be issued along with instructions to either scrap the parts or to return the parts to Transtek. Customer should follow the return instructions to insure proper credit or part replacement. Requests for returns will be limited to 60 days from the invoice date. Merchandise returned must be in original condition and be accompanied by all original packaging, documentation and accessories.
PACKAGING:
Transtek shall make no charge for packing, packaging, wrapping, bags, containers, and/or boxes, unless agreed upon.
PAYMENT TERMS AND CREDIT:
Terms of payment are thirty (30) days from invoice date, unless otherwise agreed. The Customer shall furnish to Transtek all financial information reasonably requested by Transtek for the purpose of establishing or continuing credit at Transtek. The customer shall promptly notify Transtek of all changes to Customer’s name, address or of the sale of substantially all of its assets. The Customer may not deduct any amounts owing from any of Transtek’s invoice without Transtek’s express written approval, which approval shall be contingent upon Customer providing all supporting documentation for such deduction as required by Transtek. No cash payments are accepted. Money orders and corporate checks are allowed for the exact amount of the invoice(s).
If Customer fails to make timely payment of any amount invoiced hereunder, Transtek shall have the right, in addition to any and all other rights and remedies available to Transtek at law or in equity, to immediately revoke any or all credit extended, to delay or cancel future deliveries and /or reduce or cancel any or all quantity discounts extended to Customer. Customer shall pay all costs of collection including reasonable attorneys’ fees. Any obligation of Transtek under these terms and conditions to deliver products on credit terms shall terminate without notice if Customer files a voluntary petition under a bankruptcy statute, or makes an assignment for the benefit of creditors, or if an involuntary petition under a bankruptcy statute is filed against Customer, or is a receiver or trustee is appointed to take possession of the assets of the Customer. All accounts past due will be assessed a finance charge of 1.5% per month limited to the invoice total value.
CHANGES:
The Customer may at any time, by a written order, make changes in any one or more of the following:
a) Applicable drawings, designs or specifications
b) Method of shipment and/or packing
c) Place of delivery
If any such change causes an increase or decrease in the cost of, or the time required for performance of this order, an equitable adjustment shall be made in the order price or delivery schedule, or both, and the order shall be modified in writing accordingly.
Transtek shall confirm any other changes to original orders, including delivery dates, by a written order, within 48 hours of its request. Transtek shall notify the customer of any additional expenses before confirming such performance.
LIMITED WARRANTY:
Transtek warrants all products against defects in material or workmanship in accordance to its returns clause. The only remedy under Limited Warranty is repair or replacement of any product at no charge if Transtek determines that such item is in fact defective. This warranty does not cover damage to any product, if in our opinion, improper customer assembly or modification, negligence, improper operation, abuse or misuse, has caused damage. Transtek is not responsible for incidental or consequential damages, including without limitation: lost profits, lost use of other materials, and lost data, even if advised of the possibility of such damage or if such damage could have been reasonably foreseen.
NON-DISCLOSURE OF CONFIDENTIAL MATTER:
Products purchased or manufactured to Customer’s specifications or drawings shall not be disclosed to others without the Customer’s prior written authorization. Such specifications, drawings, samples or other data furnished by the Customer shall be treated as confidential information by Transtek and shall be promptly returned to Customer upon request.
SEVERABILITY AND APPLICABLE LAW:
The invalidity in whole or in part of any provision shall not affect the validity of any other provision. The laws of the State of Arizona shall govern the validity, performance and construction of this order.
GENERAL:
These terms and conditions, as published on Transtek’s website located at www.transtekmagnetics.com at the time of sale, are the official terms and conditions of sale between Transtek and the Customer and may be amended from time to time without notice at Transtek’s sole discretion.