Terms & Conditions of Sale
These terms and conditions of sale represent the entire agreement applying to all quotations made and purchase orders accepted by Appalachian Electronic Instruments, Inc. Appalachian Electronic Instrument’s acceptance is conditional on Customer’s assent to these terms and conditions, which will govern exclusively, in accordance with the laws of the State of West Virginia, notwithstanding any provisions of Customer’s documentation. Any changes in the terms contained herein must specifically be agreed to in writing by an authorized officer of Appalachian Electronic Instruments before becoming binding on Appalachian Electronic Instruments.
Prices are provided by separate quotation. If Customer does not purchase the entire quantity upon which these prices were based, Customer will pay the higher price specified by Appalachian Electronic Instruments, for the quantity actually purchased. Prices do not include sales, use or value-added taxes. All such taxes, which Appalachian Electronic Instruments is required to collect or pay in relation to any sale of a product, will be paid by Customer upon invoice.
Unless otherwise set forth on the face hereof, payment terms are net 30 days from the date of invoice with interest on all unpaid amounts at the rate of 1.5% per months (18% per annum, calculated and compounded monthly). Appalachian Electronic Instruments, in its absolute discretion, may change these credit terms if its assessment of Customer’s financial condition changes. Each shipment will be considered a separate and independent contract.
Delivery will be F.O.B. Appalachian Electronic Instrument’s location, unless otherwise agreed to, and will occur when the products are ready for pickup by the carrier. In the absence of specific instructions, Customer appoints Appalachian Electronic Instruments its agent to select and retain a carrier. Appalachian Electronic Instruments does not assume any liability or responsibility for the shipment. Once delivery is made by the carrier, customer will be responsible for all shipment and related charges.
Appalachian Electronic Instruments shall not be liable for delays or defaults due to acts of God, acts of government authority, acts of Public enemy, war, fires, floods, epidemics, strikes, labor troubles, problems with carrier, or causes or contingencies reasonably beyond its control.
Within 15 days after delivery, Customer will inspect the products and give written notice of rejection to Appalachian Electronic Instruments detailing the manner in which any products do not conform. Only upon receiving authorization and shipping instructions from Appalachian Electronic Instruments may the Customer return rejected products. If Customer retains products after their delivery without giving Appalachian Electronic Instruments notice within the designated period, the Customer will be deemed to have irrevocably accepted the products. Appalachian Electronic Instruments may charge to Customer, any costs resulting from testing handling and disposition of any products returned by Customer which are not found by Appalachian Electronic Instruments to be non-conforming.
6. Cancellation and Rescheduling
Orders accepted by Appalachian Electronic Instruments are firm and non-cancelable. Customer may give notice to Appalachian Electronic Instruments to reschedule any shipment of products that are scheduled for delivery more than 30 days from the date Appalachian Electronic Instruments receives Customer’s notice. Appalachian Electronic Instruments may charge Customer for any cost resulting from such rescheduling.
7. Limitation of Liability
In no event will Appalachian Electronic Instruments be liable to Customer or others for indirect, special, incidental or consequential damages for breach of any of the express or implied provisions of this contract, including without limitation, provisions regarding, guarantees, indemnities and patent infringement, or based upon any claims, demands, settlements, or lawsuits arising from, or in connections with, the products sold hereunder including but not limited to, loss of goodwill, loss of profits or loss of use. Customer assumes all liability for any and all damages arising from or in connection with, the use and misuse of the products by Customer, its employees, or others.
8. Statutory and regulatory requirements
Compliance with any statutory or regulatory requirements related to the product is the sole responsibility of the Customer, including any local, federal, and state requirements. (UL, CSA, FCC, etc…)
9. Notice of RoHS Disclaimer
Sales of products manufactured and/or assembled by Appalachian Electronic Instruments requiring compliance with European Union’s Directive 2002/9/95/EC, Restrictions on Hazardous Substances in Electronic Equipment (RoHS) are subject to the following disclaimer of liability under any warranty or representation which may otherwise be expressed or implied in any sales agreements between Appalachian Electronic Instruments and its Customers or any purchase orders issued by its Customers:
“Appalachian Electronic Instruments will purchase components solely from manufactures or vendor/distributors whose products are documented to be in compliance with RoHS on the date of purchase and specified to be RoHS compliant on the Customer parts list or Bill of Materials. Circuit board component information and documentation from manufacturers and vendor/distributors is deemed to be reliable and Appalachian Electronic Instruments makes no representation as to their accuracy. Appalachian Electronic Instruments specifically disclaims any and all representations, warranties and liabilities under any theory with respect to the parts list information or Bill of Materials and is not responsible for typographical or other errors or omissions on Customer supplied information.
Appalachian Electronic Instruments makes no representations, warranties, or certifications with respect to the chemical content of components used in the manufacture or assembly process. Appalachian Electronic Instruments will have no liability for the failure of its circuit boards or the Customer’s products that contain circuit boards manufactured and/or assembled by Appalachian Electronic Instruments to meet RoHS specifications as the result of the components’ chemical content exceeding the permissible limits of any hazardous substance as defined by RoHS. Customer agrees to indemnify and hold Appalachian Electronic Instruments harmless from any and all liabilities, loss, damages, costs and expenses of whatever kind or nature which it may sustain as a result of the failure of any product manufactured or assembled in accordance with Customer’s specifications to meet RoHS requirements.”
10. Destination Control Statement
All products sold by Appalachian Electronic Instruments, including all commodities, technology or software, will be exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to U.S. law is prohibited.
11. Direct Pay & Tax Exemption
It is the responsibility of the customer to provide Appalachian Electronic Instruments with the appropriate direct pay and/or tax exempt certificate.