DFE SteadyWeb, Instruction Manual

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TERMS AND CONDITIONS OF SALE AND SHIPMENT
1. THE COMPANY 5/1/00
Dover Flexo Electronics, Inc. is hereinafter referred to as the Company.
2. CONFLICTING OR MODIFYING TERMS
No modification of, additions to or conflicting provisions to these terms and
conditions of sale and shipment, whether oral or written, incorporated into
Buyer's order or other communications are binding upon the Company
unless specifically agreed to by the Company in writing and signed by an
officer of the Company. Failure of the Company to object to such additions,
conflicts or modifications shall not be construed as a waiver of these terms
and conditions nor an acceptance of any such provisions.
3. GOVERNING LAW
This contract shall be governed by and construed according to the laws of
the state of New Hampshire, U.S.A. The parties agree that any and all
legal proceedings pursuant to this contract shall take place under the
jurisdiction of the courts of the State of New Hampshire in the judicial
district of Strafford County.
4. PENALTY CLAUSES
Penalty clauses of any kind contained in orders, agreements or any other
type of communication are not binding on the Company unless agreed to
by an officer of the Company in writing.
5. WARRANTY
Dover Flexo Electronics, Inc. warrants its' products to be free of defects in
material and workmanship for five years from date of original shipment.
Warranty is valid on products purchased on or after April 2, 1999. During
the warranty period the Company will repair or replace defective products
free of charge if such products are returned with all shipping charges
prepaid and if, upon examination, the product is shown to be defective.
This warranty shall not apply to products damaged by abuse, neglect, acci-
dent, modification, alteration or mis-use. Normal wear is not warranteed. All
repairs and replacements under the provisions of this warranty shall be
made at Dover Flexo Electronics or at an authorized repair facility. The
Company shall not be liable for expenses incurred to repair or replace
defective products at any other location or by unauthorized persons or
agents. This warranty contains all of the obligations and warranties of the
Company. There are no other warranties, either expressed or implied. No
warranty is given regarding merchantability or suitability for any particular
purpose. The Company shall not be liable in either equity or law for
consequential damages, losses or expenses incurred by use of or inability
to use its' products or for claims arising from same. No warranty is given
for products of other manufacturers even though the Company may
provide these products with its' own or by themselves. The provisions of
this warranty can not be changed in any way by any agent or employee of
the Company. Notice of defects must be received within the warranty
period or the warranty is void.
6. PAYMENTS
Standard terms of credit are net 30 days from date of shipment, providing
satisfactory credit is established with the Company. Amounts past due are
subject to a service charge of 1.5% per month or portion thereof or 18%
per annum. The Company reserves the right to submit any unpaid late
invoices to a third party for collection and Buyer shall pay all reasonable
costs of such collection in addition to the invoice amount. All quoted prices
and payments shall be in U.S. Dollars.
If the Company judges that the financial condition or payment practices of
the Buyer does not justify shipment under the standard terms or the terms
originally specified, the Company may require full or partial payment in ad-
vance or upon delivery. The Company reserves the right to make collection
on any terms approved in writing by the Company's Finance Department.
Each shipment shall be considered a separate and independent
transaction and payment therefore shall be made accordingly. If the work
covered by the purchase order is delayed by the Buyer, upon demand by
Company payments shall be made on the purchase price based upon
percentage of completion.
7. TAXES
Any tax, duty, custom, fee or any other charge of any nature whatsoever
imposed by any governmental authority on or measured by any transaction
between the Company and the Buyer shall be paid by the Buyer in addition
to the prices quoted or invoiced.
8. RETURNS
Written authorization must be obtained from the Company's factory before
returning any material for which the Buyer expects credit, exchange, or re-
pairs under the Warranty. Returned material (except exchanges or repairs
under the Warranty) shall be subject to a minimum re-stocking charge of
15%. Non-standard material or other material provided specially to the
Buyer's specification shall not be returnable for any reason. All material re-
turned, for whatever reason, shall be sent with all freight charges prepaid
by the Buyer.
9. SHIPPING METHOD AND CHARGES
All prices quoted are F.O.B. the Company's factory. The Company shall
select the freight carrier, method and routing. Shipping charges are prepaid
and added to the invoice of Buyers with approved credit, however the
Company reserves the right to ship freight-collect if it prefers. Shipping
charges will include a charge for packaging. Company will pay standard
ground freight charges for items being returned to Buyer which are re-
paired or replaced under the Warranty.
10. CANCELLATION, CHANGES, RESCHEDULING
Buyer shall reimburse Company for costs incurred for any item on order
with the Company which is canceled by the Buyer. Costs shall be
determined by common and accepted accounting practices.
A one-time hold on any item ordered from the Company shall be allowed
for a maximum of 30 days. After 30 days, or upon notice of a second hold,
Company shall have the right to cancel the order and issue the appropriate
cancellation charges which shall be paid by Buyer. Items held for the Buyer
shall be at the risk and expense of the Buyer unless otherwise agreed
upon in writing. Company reserves the right to dispose of canceled
material as it sees fit without any obligation to Buyer.
If Buyer makes, or causes to make, any change to an order the Company
reserves the right to change the price accordingly.
11. PRICES
Prices published in price lists, catalogs or elsewhere are subject to change
without notice and without obligation. Written quoted prices are valid for
thirty days only.
12. EXPORT SHIPMENTS
Payment for shipments to countries other than the U.S.A. and Canada or
to authorized distributors shall be secured by cash in advance or an
irrevocable credit instrument approved by an officer of the Company. An
additional charge of 10% will apply to any letter of credit. There will be an
extra charge for packaging and documentation.
13. CONDITION OF EQUIPMENT
Buyer shall keep products in good repair and shall be responsible for same
until the full purchase price has been paid.
14. OWNERSHIP
Products sold are to remain the property of the Company until full payment
of the purchase price is made.