1. Quotes and Their Acceptance
Unless otherwise specified, quotations are made subject to acceptance within 30 days from date thereof. In making quotations, NRD, herein after referred to as “seller”, reserves the right to change or cancel quotations at any time prior to receiving written acceptance from the customer. All quotations are made F.O.B. shipping point. See section 5 for conditions of credit and terms.
All orders are subject to acceptance by seller at Grand Island, NY. No order or contract shall be deemed accepted unless and until such acceptance is made in writing by seller.
3. Prices and Specifications
Prices, quotations, specifications and other terms and all statements appearing in the seller’s catalogs, sales literature and advertisements, and otherwise made by the seller, are subject to change without notice. Seller reserves the right to make changes in design at any time without incurring any obligation to provide same on units previously purchased or to continue to supply discontinued items. No variations of terms and conditions of sale proposed by the customer shall be effective unless specifically agreed upon, by seller, in writing.
Delivery promise is based on seller’s best estimate of the date equipment will be shipped from factory, and seller assumes no responsibility for losses, damages, or consequential damages due to delays. In event seller’s operations are curtailed, stopped or interfered with by incidents of strikes, labor trouble, governmental rules and regulations or other causes beyond seller’s control, the delivery date is postponable at seller’s option.
5. Terms of Payment
Terms are Net thirty (30) days from date of invoice unless otherwise indicated. In all cases, however, the seller may at any time, when in its opinion the financial condition of the customer warrants, suspend credit and withhold shipment until arrangements satisfactory to seller are made for payment of invoice. In cases where credit is not established with seller, the terms are cash with order or C.O.D. at the option of the seller. Each shipment will be considered a separate and independent transaction and payment should be made accordingly. Remittances should be made by check or wire transfer, irrevocable letter of credit or documents against payment, payable to seller.
All shipments are made F.O.B. seller’s factory at Grand Island, NY and packaging for domestic shipment is included in the quoted price. The foregoing would not be applicable in those situations where the shipping container is supplied by the customer or where the use of a returnable container is involved. The seller’s products are packaged in accordance with all established regulations applicable to the shipment of radioactive materials. No responsibility is assumed by the seller for delay, breakage, or damage after having made the delivery in good order to the carrier. All claims for breakage or damage should be made to the carrier by consignee, but seller will be glad to render all possible assistance.
Any applicable current or future federal, state or local taxes (if any) shall be borne by the customer.
8. Warranties and Limitation of Remedies
NRD warrants and represents that products shall conform to the description and specifications and be free from defects in material and workmanship under normal use and service for one (1) year from date of shipment to Distributor. Written notice and an explanation of the circumstances of any claim that the goods have proved defective in specification, material, or workmanship shall be given promptly by Distributor to NRD. With respect to products with defects in material or workmanship, Distributor’s exclusive remedy shall be, in NRD’s discretion, either: (a) replacement or repair of the defective goods; or (b) a refund to Distributor of that portion of the purchase price, including shipping charges and custom duties, allocable to such goods.
THIS WARRANTY IS EXPRESSLY MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL NRD BE LIABLE TO DISTRIBUTOR FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL NRD’S LIABILITY UNDER ANY CLAIM EXCEED THE PURCHASE PRICE OF THE PRODUCTS IN RESPECT TO WHICH DAMAGES ARE CLAIMED.
9. Claims and Rejected Material
No product may be returned except with seller’s permission in writing. After receiving authorization, material requiring repair or replacement should be sent prepaid to seller’s factory in Grand Island, NY, and a letter sent to seller stating as completely as possible the defects and the conditions under which they occurred.
10. Cancellation of Orders
Orders which have been accepted by Orders which have been accepted by seller cannot be canceled by the customer unless the customer agrees in writing to bear all costs incurred by seller up to the time of cancellation.
11. Refusal of Shipment
In case of refusal or inability of customer to accept any shipment in accordance with the terms of the order, the customer shall be held liable for freight, express, storage, extra cost of handling, and all other incidental expenses.
12. Printing, Stenographic and Clerical Errors
Seller is not responsible for printer’s errors made in any of seller’s publications and other forms of printed matter, or for any stenographic and clerical errors. All such errors are subject to correction.