Terms and Conditions governing Sales Orders

Revision date June 1, 2012

Not withstanding any terms or conditions of any previous purchase order or proposal this order is accepted only under the following terms and conditions, which will prevail unless exception is taken within ten days and modified terms are expressly agreed to by authorized agents of Ken-tron Mfg., Inc.

This acknowledgement constitutes our acceptance of your order requested on the face hereof.

This acceptance and the order accepted hereby constitute the entire agreement between the parties, concerning the subject matter represented on the face hereof.  The entire Sales Order is deemed to consist of (a) the terms and conditions set forth in the sales order and (b) the terms and conditions herein.  No representation by any agent of ours, nor any change, alteration or modification of this agreement, shall be binding upon us unless in writing signed by our duly authorized agent.

All orders are accepted subject to delay in delivery due to strikes, fire, flood, war, riot, civil commotion, act of God, or other causes beyond our control.

All orders are accepted by us subject to prices prevailing at time of delivery.  Customer has privilege to cancel order or any portion of same should advanced prices prove unsatisfactory.

We reserve the right to cancel your order or any portion thereof due to conditions beyond our control.

Due to increasing costs and future uncertainties, all orders are accepted with the provision that any items which cannot be shipped at once, will be billed at prices prevailing at time of shipment.

Any sales or other tax on this material which may be imposed by the Federal, State or Municipal Government shall be added to these prices.

Any items sold as standard products are covered under patent warranty only to the value of the item sold and no warranty is given against any configurations using the item in modified form, in a special way, or as a part in combination with other components.  Any items which are made in part or in entirety to customers’ orders are not covered by any patent warranty express or implied unless specifically given by an instrument in writing attested by authorized officers of the company.

The customers agrees in consideration for the price at which this order is filled to sublicense Ken-tron Mfg., Inc. for the items delivered in accordance therewith under any patent licenses or patents under which they have rights to have items made for their order and use, and they agree to make available to Ken-tron Mfg., Inc. upon reasonable request any instruments, information, or aid they can reasonably furnish for defense of any claims arising out of patents under which they have rights that may be asserted as a result of filling this order.

CANCELLATIONS

Any orders may be cancelled at any time upon written notification, subject to the following conditions:

  1. The customer will accept delivery of, and pay for at current market price, all merchandise which is completely manufactured at time of cancellation.
  2. The customer will pay all costs, direct or indirect, incurred on any product which have not been completely manufactured at the time of cancellation.  In order to reduce this cost, Ken-tron Mfg., Inc. will attempt to divert this material to other sources whenever possible.
  3. Claims for errors, deficiencies or imperfections will not be considered unless made with reasonable promptness after receipt of material and unless the Buyer promptly discontinues the use of said material.  Material proving defective in the hands of the buyer, when used for the purpose for which sold, will be replaced or credit will be allowed for the price thereof at the Seller’s option.  Seller shall not be liable for any claims for labor expense or damages (whether direct or consequential) resulting from or occasioned by use of defective material and material must not be returned except by written permission of Seller.