TERMS AND CONDITIONS OF SALE AND SHIPMENT
1. THE COMPANY
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, incorpo-
rated 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, to the original Buyer, its'
products to be free of defects in material and workmanship for five
years from date of original shipment. Repairs on products are
warranted for 90 days from date of shipment. 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 unautho-
rized 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. The
warranty is void if the serial number tag is missing or not readable.
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
advance or upon delivery. The Company reserves the right to make col-
lection 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 accord-
ingly. 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 whatso-
ever 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 (MRA) must be obtained from the Company's
factory before returning any material for which the original Buyer
expects credit, exchange, or repairs. Material returned for credit must
be unused, received back within 30 days of original ship date and shall
be subject to a re-stocking charge of 15%. Special Product Requests
(SPRs), product manufactured specially to customer specifications, and
non-DFE product purchased on customer behalf shall not be returnable
for any reason. All material returned, for whatever reason, shall be sent
with all freight charges prepaid by the Buyer.
9. SHIPPING METHOD AND CHARGES
All prices quoted are EXW 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 repaired or replaced under the Warranty. Claims of
items missing from a shipment must be received, in writing, within 30
days of original shipment
10. CANCELLATION, CHANGES, RESCHEDULING
Special Product Requests (SPRs), product manufactured specially to
customer specifications, and non-DFE product purchased on customer
behalf shall not be returnable for any reason. Buyer will be subject to a
15% fee for any standard item on order with the Company which is
cancelled by the Buyer. 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 cancelled 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 will apply to any letter of credit. There will also 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.
Rev.10 10/15/19
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