NDT James Instrument Repair PolicyUnited States | Canada | International 1. Contract Unless otherwise stated all sales transactions are expressly subject to these terms and conditions. Modification or additions will be recognized only if accepted in writing by an authorized Officer of James Instruments. Inc. (hereinafter referred to as Jamesť or the Companyť), or an officially designated representative. PROVISIONS OF BUYER'S PURCHASE ORDER OR OTHER DOCUMENTS THAT ADD TO OR DIFFER FROM THESE TERMS AND CONDITIONS ARE EXPRESSLY REJECTED. NO WAIVER OF THESE TERMS AND CONDITIONS OR ACCEPTANCE OF OTHERS SHALL BE CONSTRUED AS FAILURE OF THE COMPANY TO RAISE OBJECTIONS.
Quotations automatically expire 90 calendar days from the date issued when the quote does not include freight costs. Quotations expire 30 calendar days from the date issues with freight costs are included, unless otherwise stated in the quotation and are subject to withdrawal by notice within that period. The Company reserves the right to extend such quotation up to 6 months from the date of issuance. Prices shown on the published price lists and other published literature issued by the Company are not unconditional offers to sell, and are subject to change without notice. The Company's prices for equipment unless otherwise specified, do not include an allowance for installation and or final on site adjustment. Prices shall be subject to adjustment to those in effect at time of shipment.[b]
3. Taxes The Company's prices do not include any applicable sales, goods and services, use, excise or similar taxes and the amount of any such tax which the Company may be required to pay or collect will be added to each invoice and paid by the Buyer unless the Buyer has furnished the Company with a valid tax exemption certificate acceptable to the taxing authorities prior to shipment. If, upon subsequent sales, use, excise, or similar tax audit, an exemption certificate provided to the Company by Buyer is, through no fault of the Company, determined to be invalid, the Company will attempt to acquire a valid exemption certificate, notarized affidavit or exempt use or other necessary documentation from Buyer. If Buyer fails to furnish a valid exemption certificate, notarized affidavit or other necessary documentation, in a timely manner, the previously unpaid sales, use or similar excise tax will be billed to and paid by the Buyer.
4. Returning Items for Repair
Equipment should be returned to James Instruments office in U.S.A. Information regarding the owner of the equipment, contact person responsible for the equipment and information regarding the nature of the repair should be included in writing with the equipment.
International repair shipments must contain a commercial invoice listing the instrument being returned and must contain the words: All repairs are on pre - paid basis. Country of manufacture: USA Value for Carriage Only
Fees
associated with the return of equipment for repair at the customers
expense.
5. Terms of Payment We will accept your order on a major credit card, specifically, American Express®, MasterCard®, and VISA®, by C.O.D., letter of credit, or direct wire transfer. All repairs are done pre-paid.
a. Credit Cards Accepted James Instruments accepts American Express®, MasterCard®, and VISA®.
b. C.O.D.s If your C.O.D. order total is over $1000, you may be asked to pay with certified funds (certified check, money order, or cashiers check). Please be aware that most carriers will not accept cash and require payment by check for all C.O.D. orders, regardless of the order total. If you wish to pay cash for your C.O.D. order of $1000 or less, please contact James Instruments to determine whether your shipment is being delivered by a carrier who will accept cash.
Amounts past due are subject to a service charge of 1.5% per[c] month (or fraction thereof) or maximum contract rate permitted by law. If the Company deems that by reason of the financial[d] condition of the Buyer or otherwise , the continuance or production or shipment on the terms specified is not justified, the Company may require full or partial payment in advance.
On orders of $10,000 or more, or having a delivery schedule of four (4) months or longer from dale of order, the Company payment terms will be progressive payments in accordance with the Company's stated terms for such payments as may be in effect from lime to time, unless otherwise agreed in writing.
e. Direct Wire Transfer Please contact James for direct wire account information. Phone 773.463.6565 | Toll-Free 800.426.6500
6. Delivery Typically quotes for repair occur within a week of receipt.
Upon acceptance of quote and authorization to continue with repair, the equipment is typically service within two weeks.
An expedited fee of 10% of the purchase price of a new piece of equipment can be paid for completion of the repair within three business days.
Delivery dates indicated in the contract documents are approximate and are based on prompt receipt of all necessary information regarding the equipment covered by the contract. The Company will use reasonable efforts to meet the indicated delivery dates, but cannot be held responsible for its failure to do so. Title to the equipment and risk of loss shall pass to Buyer upon delivery to a carrier. The Company has the right to make partial shipments and bill for those shipments, the Buyer will make payment in accordance with terms referenced in Sections 4 and 5 above.
7. Shipping and Handling Charges The Company and carrier handling charges will apply, depending on dimensional weight, size, order amount, and whether the product is a restricted article. Shipping charges plus the Company's applicable handling charge will be prepaid and billed as a separate item on the equipment invoice. Shipment is Ex-Works[e] Chicago unless otherwise noted.
a. Shipment Damage Our merchandise is carefully packed for shipment. In the event an item is damaged in shipment, you must submit a claim to the carrier within 15 days of delivery. We advise that you unpack and inspect all merchandise immediately upon receiving it. If damage does not become apparent until the shipment is unpacked, make a request within 72 hours for inspection by the carrier's agent and file with the carrier. Any external evidence of loss or damage must be noted on the freight bill or carrier's receipt and signed by the carrier's agent.
Failure to do this will result in the carrier refusing to honor the claim. For your protection, our billings include insurance for damage or loss in transit.
8. Cancellation Delivered or undelivered parts of any order may be cancelled by the Buyer only with the written approval of the Company. The Buyer makes an assignment for the benefit of creditors or in the event that the Company for any reason feels insecure about the Buyer's willingness or ability to perform, the Company shall have the unconditional right to cancel this sales transaction. In the event of any cancellation of this order by either party, the Buyer shall pay to the Company the reasonable costs and expenses (including engineering expenses and all commitments to its suppliers and subcontractors) incurred by the Company prior to receipt of notice of any such cancellation, plus the Company's usual rate of profit for similar work. The minimum cancellation charge shalt be 20% of the contract price. Returns must be made within thirty (30) days of the date of purchase.
9. Security Interest Buyer agrees to pay for the equipment according to the Company's payment terms and does hereby grant to the Company a purchase money security interest in the equipment and other items supplied by Company until such time as Company is fully paid. Buyer will assist the Company in taking the necessary action to perfect and protect the Company's security interest. Buyer hereby irrevocably appoints Company as attorney-in-fact to the Buyer in order to execute and deliver such financing and other documents and instruments as Company may, at any time, and from time to time, desire in connection therewith. Buyer agrees to extend such cooperation as Company may require, at any time, or from time to time, with respect to the execution of such financing statements or other documents necessary, in the opinion of Company, In order to cause such security interest to be perfected against third parties. In the event of a default by Buyer, Company shall have available-to it all rights afforded, at law or in equity, to a secured seller including, but not limited to, the right to enter upon the premises where such goods shall be located for purposes of recovering the same and Buyer shall cooperate with respect to any such action. Regardless of Buyer's title to such goods, risk of loss there to shall be controlled by the conditions recited above.
10. Default Upon default and placing of the Buyer's account for collection or repossession of equipment, the Buyer agrees to reimburse the Company for all collection costs, legal fees, and court costs incurred by the Company In connection therewith.
11. Warranties The Company only warrants the equipment manufactured or supplied by the Company as set forth herein. James makes no other warranties, either expressed or implied (including without limitation, warranties as to merchantability or fitness for a particular purpose). In no event shall James be liable for any type of special, consequential, incidental, or penal damages, whether such damages arise out of or are a result of breach of contract, warranty, negligence, strict liability or otherwise. Warranty shall not apply where the equipment manufactured or supplied has been subject to accident, alteration, misuse, abuse, improper storage, packing, force majeure, improper operation, installation, or servicing. In addition, the following shall constitute the sole and exclusive remedies of Buyer for any breach by James of its warranty hereunder.
b. Calibration and Repair
i. For Calibration Services James does not warrant the calibration of any equipment. James does however warrant the equipment manufactured by it, in proper working condition, to be capable of being adjusted to meet James printed specifications, if any, for accuracy and performance as to the particular model type during the period of warranty applicable as stated above.[f]
ii. For Repair Services James warrants repair work performed under the direct control and supervision of James personnel for a period of three (3) months from the date repairs are completed either at James or at the customer site. Should the defect for which the repair work was performed reoccur within this period, James will supply the necessary parts and labor (repair at James facility) or parts (repair at Buyer facility) required to repair the original equipment defect for which the repair parts and labor were required. Additional repair charges that may be incurred in conjunction with any repair service warranty event will be invoiced at the James customer service rates and policies in effect at the time of the event.
Excluded are all consumable and wear and tear items such as impact bodies, probes, connection cables, etc. These items are subject to usual wear and tear during usage. Refer to the Consumable Wear and Tear Item section of this warranty document. c. Warranty Claims
i. For Warranty Claim Processing James has established James organizations in the Americas, and Europe. Please visit the James web site www.ndtjames.com for latest address and contact information for the James organization nearest you.
12. Indemnification of Seller The Buyer agrees to indemnify[g], protect and hold harmless the Company, its agents, servants, successors and assigns from and against all losses, damages, injuries, claims, demands and expenses, including legal expenses, of whatever nature, arising out of the use, condition or operation of any item of the equipment, regardless of where, how and by whom operated. Buyer shall assume the settling of, and the defense of any suits or other legal proceedings brought to enforce all such losses, damages, injuries, claims, demands and expenses and shall pay all judgments entered in the suit or other legal proceedings. The indemnification and assumptions of liability and obligation herein provided shall continue in full force and effect notwithstanding the termination of this Agreement, whether by expiration of time, by operation of law or otherwise.
14. Typographical Errors In the event that a James Instruments Inc. product is mistakenly listed at an incorrect price, James Instruments Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. James Instruments Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, James Instruments Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
16. Limitation of Nuclear Use The equipment is not for use in or with any nuclear facility unless expressly stated in the Company's Quotation. Buyer accepts the responsibility for insuring that the equipment is not used in violation of this limitation and Buyer shall defend, Indemnify and hold harmless the Company and Its owners, directors, officers, employees and agents from any and all liability (Including such liability resulting from Company's negligence) and related actions, claims, costs, demands, expenses and losses arising out of said improper use.
17. Regulatory Laws and/or Standards The performance of the parties hereto is subject to the applicable laws of the United States. The Company takes reasonable steps to keep its products in conformity with various nationally recognized standards and such regulations, which may affect its products. However, the Company recognizes that its products are utilized in many regulated applications and that from time to time standards and regulations are in conflict with each other. The Company makes no promise or representation that its product will conform to any federal, provincial, state or local laws, ordinances, regulations, codes or standards except as particularly specified and agreed upon for compliance in writing as a part of the contract between Buyer and the Company. The Company prices can not include the cost of any related inspections or permits or inspection fees.
18. Notice James may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.ndtjames.com.
19. Disclaimer of Damages IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY TYPE OF SPECIAL CONSEQUENTIAL, INCIDENTAL OR PENAL DAMAGES, WHETHER SUCH DAMAGES ARISE OUT OF OR ARE A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. Such damages shall include but not be limited to loss of profits or revenues, loss of use of the equipment or associated equipment, cost to substitute equipment, facilities, down time costs, increased construction costs or claims to Buyer's customers or contractors for such damages. Buyer agrees that in the event of a transfer, assignment, or lease of the equipment sold hereunder Buyer shall secure for the Company the protection afforded to it in this Section 12 above and Sections 20 and 21 below.
20. Limitation of Liability The Company shall not be Liable for any loss, claim, expense or damage caused by, contributed to or arising out of the acts or omissions of Buyer or third parties, whether negligent or otherwise, and in no event shall the Company's liability for any cause of action whatsoever exceed the cost of the item purchased from James that gives rise to any such claim. whether based In contract (including, but not limited to, failure or delay in performance or delivery due to any cause whatsoever), warranty, indemnity, tort (including, but not limited to, negligence or strict liability), or otherwise. Any suit arising hereunder must be commenced within one (1 year) from the date in which the cause of action accrues. Except as provided In Article 12 and Article 13, the Company shall not indemnify any party under any circumstances.
21. No Responsibility for Gratuitous Information or Assistance If the Company provides Buyer with assistance or advice which concerns any parts, products, service supplied hereunder or any system or equipment in which any such parts, products, or services may be installed and which is not required pursuant hereto, the furnishing of such assistance or advice shall not subject Company or any of its owners, directors, officers, employees or agents to any liability, whether based in contract, warranty, tort (including negligence) or otherwise.
22. Notices Notice by either the Company or Buyer will be made only by facsimile or similar electronic transmission, effective on the first business day after confirmed receipt, or by letter addressed to the) other party at its address as provided in this Agreement, effective three (3) business days after deposit with the U.S. Postal Services, postage prepaid, or one (1) business day after deposit with a recognized overnight express service.
23. Interpretation Should any term or provision contained In the contract contravene or be invalid under applicable law, the contract shall not fail by reason thereof but shall be construed in the same manner as if such term or provision had not appeared therein.
24. Assignability Neither this contract nor any claim arising directly or indirectly out of or in connection herewith shall be assignable by Buyer or by operation of law, with out the prior written consent of Company. This document shall be binding upon and inure to the benefit of each party hereto and their respective permitted successors and assigns.
25. Governing Law This Agreement shall be governed by and construed in accordance with the internal laws of the State of Illinois, without regard to its conflict of laws provisions. Buyer and the Company expressly agree to submit to the personal jurisdiction of the federal and/or stale courts silting in Chicago, Illinois, U.S.A. and agree that such courts may be utilized if necessary to obtain injunctive or any other relief. The Hague Convention and the United Nations Convention on Contracts for the International Sale of Goods shall not apply to the construction or interpretation of these Standard Terms and Conditions or affect any of its provisions.
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