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Comtest's Terms and Conditions
The terms of sale contained herein apply to all quotations made and purchase orders accepted by Comtest Group. Some of the terms and conditions set out here may differ from those in customer's purchase orders. This acceptance is conditional on customer assent to the terms as set out here. Any changes in the terms contained herein must specifically be agreed to in writing by an authorized official of the Comtest Group before becoming binding on either The Comtest Group or customer.
Customers may give notice to The Comtest Group, to cancel or reschedule any shipment of products that is scheduled for delivery at least 60 days from the time The Comtest Group receives customer's notice. The Comtest Group may charge customer for any costs resulting from such cancellation or rescheduling. The Comtest Group may cancel this order or any portion in the event of customer's default or adverse change in customer's financial condition. Unless otherwise provided herein orders accepted by The Comtest Group are firm and non-cancellable.
Should a customer wish to put a job on hold that The Comtest Group has already started production on, such notice must in writing. In addition if the job has not been released within 2 business days then The Comtest Group reserves the right to charge for all, incurred costs.
Delivery will be F.O.B. The Comtest Group's location, unless otherwise agreed to, and will occur when the products are ready for pickup by the carrier. In the absence of specific instructions The Comtest Group will select a carrier.
The Comtest Group does not assume any liability, or responsibility for the shipment once delivery is made to the carrier. Customer will be responsible for all transportation and insurance charges.
Within 15 days after delivery customer will inspect the products and give written notice of rejection to The Comtest Group detailing the manner in which any products do not conform to specification. Only upon receiving authorization and shipping instructions from The Comtest Group may the customer return rejected products. If customer retains products after their delivery without giving The Comtest Group notice within the designated period, the customer will be deemed to have irrevocably accepted the products. The Comtest Group may charge to customer any costs resulting from the testing, handling, and disposition of any products returned by customer, which are not found by The Comtest Group to be non- conforming.
Liability of The Comtest Group to customer if any, under this contract for breach of contract warranty, negligence or otherwise shall in no event exceed the total contract price specified herein, less the purchase price of any item's delivered and accepted hereunder, in no event shall The Comtest Group be liable to customer or others for special, incidental or consequential damages for breach of any of the provisions of this contract, including without limitation, provisions regarding warranties, guaranties, indemnities and patent infringement, or based upon any claims, demands, settlements, or lawsuits arising from, or in connection with, the products sold hereunder, such damages including, but not limited to costs of removal and reinstallation of items, loss of goodwill, loss of profits or loss of use. Customer assumes all liability for any and all damages arising from or in connection with, the use and misuse of the products by Customer, its employees, or others.
Unless otherwise set forth on the face hereof payment terms are net 30 days from the date of invoice with interest on all unpaid amounts at the rate of 2% per month. The Comtest Group may change these credit terms if customer's financial condition changes. Each shipment shall be considered a separate and independent transaction.
Prices appearing in any quotation issued by The Comtest Group, are valid for 30 days, from the date of the quotation, if customer does not purchase the entire quantity upon which these prices were based, customer will pay the list price specified by The Comtest Group for the quantity actually purchased. Prices do not include taxes.
Any tax The Comtest Group may be required to collect or pay upon sale of product shall be paid by customer upon invoice.
The Comtest Group, warranty terms vary according to product. Please see specific product data sheet for applicable warranties.