Terms and Conditions
viii
Entek IRD 6600 Series Protection Monitors
ENTEK IRD INTERNATIONAL CORPORATION
GENERAL TERMS AND CONDITIONS
1.
CONTRACT. When Customer accepts a Quotation from Entek IRD International Corporation or
an affiliate (the entity issuing the quotation being “Entek IRD”) by issuance of a purchase order
or otherwise and Entek IRD accepts the order, Customer is deemed to have agreed to all the
Terms and Conditions contained herein. Unless otherwise approved in writing, the acceptance of
Entek IRD is expressly conditioned upon Customer accepting these Terms and Conditions, and
any different or additional terms and conditions contained in Customer's order or related
documents are expressly objected to by Entek IRD and not binding upon it. Entek IRD reserves
the right to accept or reject all orders received by it and all orders may only be accepted at the
contracting office of Entek IRD located in Ohio. Entek IRD may accept in writing, by
commencement of performance or otherwise.
2.
QUOTATIONS. All quotations expire automatically thirty days from date of quotation or earlier
by notice from Entek IRD. Unless otherwise noted in writing by Entek IRD, all prices are F.O.B.
the place of origin for domestic shipments and Ex Works (as defined in INCOTERMS 1990) for
international shipments; and risk of loss in transit is on Customer. Prices do not include any
applicable taxes, however designated, levied or based upon the goods or services being quoted.
Customer agrees to pay all such taxes or provide acceptable evidence of exemption therefrom.
3.
TIMING. All delivery/shipping and service dates stated by Entek IRD are approximate dates
only and estimated in good faith to the best of Entek IRD's ability and are dependent upon Entek
IRD's prompt receipt of all necessary information from Customer. Time shall not be deemed to be
of the essence in Entek IRD’s performance of this agreement, and no penalty clause of any
description in any specification or order will be effective unless specifically approved in writing
by an authorized officer of Entek IRD. In any event delivery/shipping and service dates are
always quoted subject to unavoidable delays due to causes beyond Entek IRD’s control including
but not limited to strikes, casualty, war, acts of God, or government action.
4.
TERMS. Payment terms for domestic orders are net 10 days from date of invoice, unless
otherwise provided in the quotation. For international orders, Entek IRD reserves the right to
specify prepayment, letter of credit, or payment net 10 days from the date of invoice. Each
shipment shall be considered a separate and independent transaction and payment must be made
accordingly. If the financial condition or credit of Customer at any time in the judgment of Entek
IRD, does not warrant shipment of goods ordered, Entek IRD may at its option require full
payment prior to shipment or refuse to ship and terminate any order outstanding without liability
to Entek IRD. Should Customer become delinquent in the payment of any sum due, Entek IRD
shall not be obligated to continue performance. If any amount is not paid when due, to the extent
permitted by law a late fee of 1% per month (or any part thereof) shall be charged on past due
amounts until paid.
5.
CANCELLATION. Once accepted by Entek IRD, an order is not subject to cancellation in
whole or in part by Customer without Entek IRD's prior written consent. Any such cancellation
shall be subject to a cancellation charge as determined by Entek IRD to cover any loss that may
be incurred by Entek IRD as a result of such cancellation, including without limitation a 25%
restocking charge for standard products.