Terms and Condition of Sale
HEATCON® Composite Systems – “the Company”
- On approved credit, terms are strictly Net 30 days from date of invoice unless otherwise noted.
- Visa, Mastercard, American Express are accepted for payment. Credit Card payments will be processed prior to shipment.
- Minimum order quantity of $25 on credit card purchases and $100 on account.
- Unless otherwise indicated, all prices are F.O.B. (shipping point).
- Payments. Accounts are payable in United States funds only. If shipments are delayed by the Purchaser, payments shall become due from date when the Company is prepared to make shipment. If manufacture is delayed by the purchaser, a payment shall be made based on the contract price and the percentage of completion. Parts of equipment held for the Purchaser shall be at the risk and expense of the Purchaser.
- In absence of exact shipping instructions, we will use discretion regarding best means of shipment.
- The Company undertakes that products of merchandise sold hereunder to Purchaser shall be free from defects in material and workmanship and shall conform to specifications. This express warranty is in lieu of and excludes all other warranties, expressed or implied, including any implied warranty of merchantability or fitness. The Company’s liability shall be limited solely to the replacement or repair of any defective material, or material not meeting specifications, or to refunding the purchase price applicable to such defective material or material not meeting specifications specifically excluding liability for material damaged or broken in shipping, handling, installing or by abuse. “The Company shall in no event be liable for loss, damages or expense directly or indirectly arising from the use or resale of the products or merchandise, or from their late delivery, in whole or in part, or from any other cause whatsoever, except as expressly set forth in writing herein.” Any course of dealing between the parties to the contrary notwithstanding, at the Company’s election any claim shall be deemed waived by the Purchaser unless made in writing to the Company within sixty (60) days from the receipt of the material to which such claim relates.
- “Waiver by the Company of any breach by Purchaser shall not be deemed a waiver of future compliance herewith, and such provision, as well as other provisions herein, shall remain in full force and effect.”
- No products are returnable except with or permission in writing. An RMA (Return Material Authorization) number is also required. Restocking fees may apply.
- This agreement may not be modified or rescinded except in writing signed by both parties. Orders are not subject to cancellation except upon written notice and upon payment of reasonable and proper cancellation charges as determined by the Company.
- Orders, shipments and agreements are contingent on accidents, fires, strikes, nonfulfillment of our contracts for materials, or other causes beyond our control.
- Tools, dies, etc., prepared for the manufacture of units or equipment shall be and remain the property of and in possession and control of the Company and the charges therefore shall be for the use of such equipment.
- In manufacturing our products it is necessary to allow for losses in production. We therefore reserve the right to ship 90% to 110% of the quantity ordered.
- Federal, state or local taxes, now or hereafter imposed on the sale of the articles covered by our quotations, shall be paid by the Purchaser.
- The title and right of possession of the parts or equipment sold hereunder shall remain with the Company and such parts or equipment shall remain personal property until all payments hereunder (including deferred payments whether evidenced by notes or otherwise) shall have been made in full in cash and the Purchaser agrees to do all acts necessary to perfect and maintain such right and title in the Company.
- The selection and adaptation of our products to the specific needs of the Purchaser are solely the Purchaser’s responsibility.
- If your order does not specify, make one complete shipment only. We reserve the right to make partial shipments.
- This agreement and the rights and duties of the parties hereunder shall be governed by the laws of the State of Washington.
- The Company is not bound by any terms on Purchaser’s order form which attempt to impose any conditions at variance with the conditions and terms herein stated and where there is a variance between the Purchaser’s terms and conditions and these terms and conditions, these terms and conditions shall be controlling.
- “The terms set forth herein constitute the entire agreement of the parties. No promises, representations or agreements have been made by the Company except as expressly set forth herein.”
- Expediting may be available upon request.
- For custom/special-design blankets, detailed drawings will be forwarded to customer for approval prior to production and lead-time will begin once final approved drawings are received by the Company.
Special terms for materials purchases
- Minimum order quantity is 5 yards.
- Shelf life over 60 days must be specifically requested and confirmed by the Company at the time of quotation.
- The Company is not responsible for failure of temperature devices used in dry ice shipments. The use of two temperature recorders is recommended to minimize customer risk and to comply with aerospace standards.