Order Acceptance
Arnold Magnetics Corporation (hereinafter “Seller”) reserves the right to accept or reject any order. Possession of a price list by Customer does not constitute an offer to sell.
Credit Approval
Customer credit approval is required prior to any shipments, and is a condition precedent to Seller’s duties to perform here under.
List Price, Discount or Freight Charges
List prices, discount, and freight terms are subject to change without notice. All prices are F.O.B., Seller’s factory or authorized warehouse at Seller’s discretion.
Terms
1/2% 10 Days, Net 30 Days. Charge of 1.5% per month after 30 days.
Taxes
Any and all sales, Manufacturer’s taxes and/or other charges levied or imposed by any governmental authority, foreign or domestic, upon any merchandise sold or contracted to be sold shall be paid by Customer and added to the purchase price unless satisfactory and appropriate tax exemption certificates are supplied to the Seller.
Cancellations or Add-Ons
Cancellation or modifications of orders must be consented to by Manufacturer in writing. Since all orders are individually entered for processing immediately upon receipt, Seller must reserve the right to charge back to the Customer costs incurred from either cancellation of the order or change of the order or of any item on the order. Seller also reserves the right to consider all order add-ons as separate and new orders subject to all terms and conditions.
Product Change
Seller reserves the right to alter, modify or redesign its Products without any obligation to replace Products previously shipped with such altered, modified, or redesigned Products.
Delivery
Customer is advised that quoted delivery dates or schedules are based on estimates at the time of quotation and that Seller will devote its best efforts to meeting such schedules. However, Seller assumes no liability for additional cost or damages resulting from late deliveries.
Freight Terms
Shipments are made F.O.B. Seller’s plant in Camarillo, Ca., unless otherwise agreed in writing by Seller. In no case does Seller agree to pay cost of premium transportation to or from Buyer’s facilities.
Transfer of Risk or Loss/Ownership
Risk of loss of merchandise passes to Buyer at point of shipment. Buyer assumes duty to insure goods in transit. Claims for short or damaged merchandise should be made to carrier. Title to merchandise passes to Buyer when Seller has received payment in full therefore.
Damage, Loss, or Shortage Claims
Common carrier or motor freight shipments must be inspected for damage, loss or storage upon receipt by consignee prior to acceptance from carrier. Any damage or loss claims must be made to the carrier. Seller will not be liable in any manner for damage or loss caused to a shipment by a common carrier. Shortage of material claims regardless of “mode of shipment” must be submitted in writing to Seller within fifteen (15) days of invoice date. In the event of such claims, Customer shall be required to make timely payments to Seller of any amount which is undisputed or not subject to such claims.
Returned Materials
Materials may not be returned without approval by way of a Return Material Authorization (RMA) number issued by Customer Service Personnel. Material returned without this authorization number will not be accepted at the plant. Return shipments must be prepaid by Customer. Seller’s Quality Control Department will, in its sole discretion, determine the acceptability of returned material for repair or replacement. Credit will be issued on resalable material only.
Force Majeure
Seller shall not be liable for any delays in making delivery where occasioned by strikes or differences with workmen or by any causes beyond the control of Seller, such as but not limited to, fires, floods, accidents, action of any governmental authority, or shortages of labor, energy, raw materials, production facilities or transportation. Where delays or failures of delivery are caused by labor difficulties, Seller shall not be obligated to seek or obtain any settlement which, in Seller’s sole judgment, is not in Seller’s best interest.
Attorney’s Fees
Should Seller bring any action or proceeding against Buyer to enforce any of Seller’s rights hereunder, Buyer agrees to pay all of Seller’s costs thereof, including Seller’s actual attorney’s fees, which shall be fixed by the court or other tribunal as part of any judgment rendered in Seller’s favor.
Warranty
Arnold Magnetics Corporation warrants all of its products to be free of defects in workmanship and material for a period of one year from original invoice date. Arnold Magnetics limits its obligation under this warranty to repairing or replacing any unit that has been returned with Arnold Magnetics’ approval, transportation prepaid, and which has not been damaged by improper operation, accident, abuse, or unauthorized repair. This warranty is in lieu of all other warranties, expressed or implied, and constitutes full satisfaction of all obligation to purchaser. Arnold Magnetics does not warrant that units can be used for any particular purpose and in no event do we assume liability for consequential/incidental damages or for any loss of profits or time incurred by any party in connection with Arnold Magnetics’ products.