SYMCON Inc. TERMS AND CONDITIONS
All sales quotations, subsequent purchase orders, and services provided by Symcon Inc. (hereafter called "Symcon" or "Seller") are subject to the following General Terms and Conditions, even if no specific reference is made hereto. Symcon and the Customer (hereafter called "Customer" or "Buyer") do mutually agree as follows:
Last Update : November 26, 2009
- Taxes: Prices on the specified products are exclusive of all city, state, and federal sales or excise taxes. Wherever applicable, any tax or taxes will be added to the invoice as a separate charge to be paid by the Buyer.
- Terms of payment: Terms of payment are 1% ten days, net 30 days. All bills will be dated the day of shipment. If in Seller's opinion the financial condition of the purchaser at any time does not justify continuance of production or shipment on the terms of payment specified, Seller may require full or partial payment in advance. Please note that you may pay for your order by Visa or MasterCard; however security fees instituted by Visa and MasterCard have dramatically increased the cost of accepting credit cards. All listed prices reflect a 4% cash discount. Credit card payments do not qualify for this cash discount. Please add 4% to all credit card orders.
- Delivery: All prices are Ex-Works Seller's facilities, Charlotte, North Carolina or F.O.B. Seller's facilities. Method and route of shipment are at Seller's discretion, unless the Buyer supplies explicit instructions. All shipments are made at the Buyer's risk. Identification of the goods to the contract shall occur as each shipment is placed in the hands of the carrier.
- Delays: Seller will not be liable for any delay in the performance of orders or contracts, or in the delivery or shipment of goods, or for any damages suffered by Buyer by reason of such delay, if such delay is, directly or indirectly, caused by, or in any manner arises from, fires, floods, accidents, civil unrest, acts of God, war, governmental interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials, or supplies, transportation delays, or any other cause or causes (whether or not similar in nature to any of these hereinbefore specified) beyond its control.
- Conditions: All orders or contracts are accepted with the understanding that they are subject to Seller's ability to obtain the necessary raw materials, and all orders or contracts as well as shipments applicable thereto are subject to Seller's current manufacturing schedules, and government regulations, orders, directives, and restrictions that may be in effect from time to time.
- Materials: Materials furnished by Seller are to be within the limits and of the sizes published by Seller and subject to Seller's standard tolerances for variations.
- Warranties: As Seller's sole warranty, Seller warrants that the goods meet the description contained herein. Seller agrees to replace or, at its option, to repair any goods or parts thereof which are found defective in material or workmanship within 30 days from date of delivery. Seller's obligation with respect to such goods or parts shall be limited to replacement or repair F.O.B. Charlotte, North Carolina, and in no event shall Seller be liable for consequential or special damages, or for transportation or other expenses, which may arise in connection with such goods or parts. THIS WARRANTY IS EXPRESSLY MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS. AND NO WAIVER, ALTERATION, OR MODIFICATION OF THE FOREGOING CONDITIONS SHALL BE VALID UNLESS MADE IN WRITING AND SIGNED BY AN EXECUTIVE OFFICER OF SELLER.
- Standard Return Policy:Symcon understands that sometimes our customers need to return a purchase because their wants or needs change. We accept product returns received within 30 days from the original invoice date with a valid RMA number.
Orders cancelled after processing (order has been placed, invoiced and/or shipped) AND unopened items are subject to a 5% restocking fee. Goods only accepted within 30 days of the original invoice date. Excludes custom and bulk orders. Refused shipments are subject to return freight charges. Opened items are subject to a 10% restocking fee.
All refunds processed will be based on the following:
Goods received WITHIN 15 days of the original invoice date will receive a refund minus all applicable restocking fees (as noted above) of the invoiced purchase price.
Goods received AFTER 15 days, but WITHIN 30 days of the original invoice date will received the lesser of the current selling price on the day the item is delivered to our warehouse or the price originally invoiced.
Partial order returns on orders that were extended a shipping or other promotional discount will proportionally have such a discounts deducted from the refund.
All authorized refunds will be refunded via the method of payment originally billed. Please note that Symcon will process all refunds within 48 hours of receipt of returned goods. All refunds are subject to the financial institutions' processing timelines. For Defective items (within 30 days of purchase) we cover shipping back to Symcon for customers in the Continental US. Items returned incomplete and/or not in original condition may be subject to additional fees, or returned to the customer as non-refundable.
- Controlling Provisions: These terms and conditions shall supersede any provisions, terms, and conditions contained on any confirmation order, or other writing Buyer may give or receive, and the rights of the parties shall be governed exclusively by the provisions, terms, and conditions hereof. Seller makes no representations or warranties concerning this order except such as are expressly contained herein, and this order may not be changed or modified orally. This is not a firm offer.
- Security Interest: To secure the payment of all amounts due or to become due on account of any sales, equipment repairs, work done, or services ordered, authorized or purchased by the Customer from Symcon, under any order or otherwise, and also to secure all other indebtedness, obligations or liabilities of the Customer to Symcon, whether direct or indirect, absolute or contingent, due or to become due, now existing or hereafter arising, including all future advances or loans which may be made at the option of the Symcon (collectively, all of the foregoing shall hereinafter be called the "Obligations"), Customer hereby grants a security interest to Symcon (the "Security Interest") in Customer's equipment, hardware or other personal property for which Symcon provides any repair, maintenance or other services and in any work performed (including materials, supplies or parts used in the completion of such work) by Symcon (for purposes of this Section referred to collectively as the "Equipment").
Customer agrees that, upon Customer's failure to make any timely payment to Symcon, Symcon has the option to declare any and all obligations of Customer to Symcon immediately due and payable without notice or demand and may enforce its Security Interest pursuant to the Uniform Commercial Code provisions in the laws of the state identified in Section 11 below. Customer acknowledges and agrees that Symcon is not responsible for any loss or damage to the Equipment that may occur while it is in the possession of Symcon or located on Symcon's premises, including loss or damage due to weather events, theft or the negligent acts or omissions of Symcon or its employees, agents and contractors. Accordingly, Customer acknowledges that Symcon has no responsibility to Customer for deterioration in the condition of the Equipment due to its storage or possession by Symcon. Customer agrees that all storage costs and Symcon's costs and expenses in collecting payment for Symcon's work and/or enforcing the Security Interest or any related lien, including reasonable attorneys' fees, costs of sale, advertising costs and any repairs to the equipment to improve it prior to sale, will be secured by the Security Interest. In addition, Symcon shall specifically have the right to take immediate and exclusive possession of the Equipment and every part thereof, with or without process of law, and remove and sell, and dispose of, such Equipment, or any part thereof, at public auction or private sale, with or without notice for cash or on credit, as Symcon may elect at its option. Symcon reserves the right to bid and become the purchaser at any such sale. The Customer shall remain liable for any deficiency resulting from a sale of the Equipment and shall pay any such deficiency forthwith on demand. Customer specifically waives any right to judicial proceeding prior to Symcon's exercise of its right of repossession. From time to time upon Symcon's request, Customer will execute such financing statements or other documents that Symcon may request to evidence or perfect the Security Interest granted herein. The Security Interest is in addition to, and not in lieu of, any additional rights or remedies Symcon may have due to Customer's non-payment under any Order or otherwise, including any rights or remedies in connection with repair liens, mechanic's liens or similar liens granted to Symcon under applicable law.
- Coverning Laws: This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina.
- Arbitration: Any controversy or claim arising out of or relating to this quotation or to an order or the performance or breach thereof shall be settled by arbitration in Charlotte, North Carolina in accordance with the rules and procedure then obtaining of the American Arbitration Association.
- Purchase order: If this quotation is accepted and Buyer's order form is used for the purpose, it is expressly understood and agreed that the terms and conditions herein set forth shall prevail insofar as the same may in any way conflict with the terms and conditions set forth in such order form, and the issuance of such order by Buyer shall be deemed to note Buyer's assent to the foregoing.
- Disclaimer and Limitation of Liability: Seller will not be liable for any business interruption or loss of profit, revenue, materials, anticipated savings, data, contract, goodwill or the like (whether direct or indirect in nature) or for any other form of incidental, indirect or consequential damages of any kind. Seller's maximum cumulative liability relative to all other claims and liabilities, including obligations under any indemnity, whether or not insured, will not exceed the cost of the product(s) giving rise to the claim or liability.
Seller disclaims all liability relative to gratuitous information or assistance provided by, but not required of seller hereunder. Any action against seller must be brought within three (3) months after the cause of action accrues. These disclaimers and limitations of liability will apply regardless of any other contrary provision hereof and regardless of the form of action, whether in contract, tort (including negligence and strict liability) or otherwise, and further will extend to the benefit of seller's vendors, appointed distributors and other authorized third-party beneficiaries. Each provision hereof which provides for a limitation of liability, disclaimer of warranty or condition or exclusion of damages is severable and independent of any other provision and is to be enforced as such.
- Acceptance: This is not a firm offer and may be changed or revoked at any time. Acceptance of this offer is expressly limited to the exact terms contained herein and any attempt to alter or omit any of such terms shall be deemed a rejection and a counteroffer.