Terms and Conditions
Entek IRD 6600 Series Protection Monitors
v
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, systems failure 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. If any sum is not paid by Customer when 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. CONFIDENTIALITY. If Customer data comes into Entek IRD's possession, Entek IRD shall use
the same level of care to maintain the confidentiality of that data which Entek IRD uses for its
own confidential information. Subject thereto, Entek IRD may use data in its possession to
compile and maintain commercial machinery information databases in which the origin of
specific data is not identifiable by users. Such databases shall be the sole property of Entek IRD.
6. 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.
