Terms & Conditions
50% due at time of invoice and the balance due at time of delivery, unless otherwise approved in writing by the Seller. All prices do not include any applicable Federal, State, or Local Sales, Customs, Duty or Excise Taxes or other surcharges unless specifically indicated.
DELIVERY AND FREIGHT:
All goods are sold F.O.B. point of shipment. Transportation to destination is Buyer's responsibility and Buyer alone shall bear the cost of freight, special elections/options and insurance payable by Buyer as billed. Seller is not responsible for selecting any special insurance, options, or elections offered by the shipper/carrier unless specified in writing by the Buyer. Seller's responsibility for the Goods shall terminate when Seller delivers such Goods to the shipper/carrier selected by Seller or to a shipper/carrier or another party designated by Buyer, and all risk of loss or damage shall immediately pass to Buyer. Buyer must make any and all claims for corrections or deductions within ten day of delivery of the Goods. Buyer shall not hold Seller liable for claims resulting from delay in shipment except in cases where the Seller accepts these in writing. Acceptance of delivery of goods by the Buyer shall constitute a waiver of all claims for delay.
All remittances should be made to Wireless Industrial Networks, Inc. P.O. Box 800, Sugarland Texas, 77487. If the financial condition of the Buyer at any time, in the judgment of the Seller, does not warrant shipment of products ordered, the Seller may at its option require full or partial payment prior to shipment or refuse to ship and terminate any order outstanding without any obligation of Seller to Buyer.
The Seller reserves the right to make design improvements without notice.
The Seller warrants its product against defects in material and workmanship, when used on those services/applications approved by Seller, for a period of one (1) year from the date of original shipment, unless noted otherwise. The Seller's liability under this warranty shall be limited to repair or replacement at the Seller's option of such defective products, F.O.B. factory, upon proof of defect satisfactory to Seller. Seller shall have no further liability for damages of any kind, loss of prospective profits, loss of goodwill, loss of productive use of facilities, labor and other back charges or for any other consequential damages of any kind, nor shall recovery of any kind against Seller be greater in amount than the purchase price of the specific Goods sold and causing the alleged damage. In cases where Seller's field service personnel are required to service warranty claims within the warranty period on equipment installed at the Buyer's site. Buyer is responsible for travel and living expenses at the site. Buyer assumes, and Buyer shall hold Seller free and harmless from, all risks and liability for expense, loss, damage or injury to persons or property of Buyer or others arising out of use or possession of any Goods sold hereunder.
IMPROPER INSTALLATION OR MISAPPLICATION:
The Seller is not responsible for damages to Seller's or other equipment or products because of improper installation or misapplication of the Goods by Buyer. Installation or start-up of Seller's equipment or goods must be performed under adherence to Seller's instruction manuals, wiring diagrams, etc., or performed under the direct supervision of Seller's field service personnel or Seller's authorized agent in order to be covered by Seller's warranty.
No goods may be returned without the Seller's permission. Seller assumes no responsibility for return shipments made without permission. In issuing credit for such shipments, Seller reserves the right to deduct a restocking charge dependent on the Sellers ability to recondition and resell the returned equipment.
The Buyer may cancel upon written consent of the Seller, but the Seller is entitled to reasonable cancellation charges including but not limited to labor, material, and overhead expenses.
MODIFICATIONS OR ADDITIONS OF TERMS AND CONDITIONS:
No modification of, addition to, or waiver of any of these terms and conditions stated herein shall be binding upon the Seller, except by written consent of the Seller.
ARBITRATION OF DISPUTES:
Any controversy or claim arising out of or relating to this contract or the breach thereof shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.