Terms & Conditions Of Sale
Weartech International Inc. (“Weartech”) and the customer (“Buyer”) purchasing products (“Products”) from Weartech agree to the following terms. Weartech’s acceptance of Buyer’s purchase order is expressly conditional upon Buyer’s agreement to the terms outlined below. Buyer’s acceptance of or payment for the Products will manifest Buyer’s agreement to these terms.
Prices: Terms of Payment
- Prices are based upon agreed payment terms. Prices include standard packaging based on the territory.
- Additional prices will be charged for special testing and or meeting special specifications, e.g., Mil Spec. Consult the Weartech Sales Department for additional pricing information.
- Prices do not include taxes/duties. All prices are subject to the addition of any taxes/duties which Weartech is required to pay or collect.
- Terms are advanced payment unless otherwise agreed to in writing by Weartech. Weartech reserves the right to bill late payment charges on Buyer’s past due invoices, of 1.5% per month. Weartech shall have the right, among other remedies, to suspend further performance with respect to any agreements with Buyer in the event Buyer fails to make payment when due. Buyer shall be liable for all costs and expenses relating to the collection of past due amounts.
- All orders are subject to final acceptance at Weartech’s office.
Transfer of Title
All shipments are made F.O.B. point of shipment, unless other terms are accepted in writing by Weartech.
Shipping and Delivery
Payment of freight will be based on the agreed terms in purchase order.
Cancellation of Orders
- For standard products of standard commercial specification, Weartech reserves the right to charge a cancellation fee of 18% of the net value of the purchase order.
- Orders for non-standard (made to order) products and orders for extraordinary quantities of standard items are noncancellable. Buyer shall be responsible for certain costs related to special orders, even if the order is cancelled. Upon cancellation, Buyer will be invoiced (i) payment in full at the price originally quoted for finished goods manufactured by Weartech prior to order cancellation; and (ii) for any other costs related to the order which are incurred by Weartech prior to cancellation, including the cost of any non-standard raw material or WIP material, and all associated manufacturing costs. Cancellation of non-standard products will be effective on the date Weartech receives written notice of the cancellation from Buyer. Manufactured product will be shipped upon completion.
Return of Unused Material
Return of unused, standard material will be charged restocking fee of 25%. Buyer will pay all transportation and other fees associated with return of the material. Prior to returning material, the buyer must obtain a Return Material Authorization (RMA) form from Weartech. Upon receipt of the material, which must be unused and undamaged, Weartech will perform an incoming receiving inspection. If the returned material is approved as unused and undamaged, the return for credit will be authorized.
Limitation of Liability
THE SOLE AND EXCLUSIVE REMEDY FOR ANY PRODUCT DEFECT SHALL BE LIMITED TO REPLACEMENT OR REFUND OF THE PURCHASE PRICE FOR THE PRODUCT. IN NO EVENT SHALL WEARTECH’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXCEED THE PRICE PAID FOR THE PRODUCTS GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. WEARTECH SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. The term “consequential damages” shall include, without limitation, loss of anticipated profits, business interruption, loss of use, loss of revenue, loss of reputation and loss of data, and related costs incurred.
Compliance with Laws; Import/export
Buyer agrees that it will comply with applicable laws. Buyer agrees that all applicable import and export control laws, regulations, orders and requirements, including those of the United States and the jurisdictions in which Weartech and the Buyer are established or from which the Products may be supplied, will apply to their receipt and use. In no event will Buyer use, transfer, release, import, export, ship or transship Products purchased from Weartech in violation of such applicable laws, regulations, orders or requirements.
Customer Assistance Policy
On occasion, customers may ask Weartech for information or advice about the use of our products. Our employees respond to inquiries to the best of their ability based on information provided to them by the customers and the knowledge they may have concerning the application. Our employees, however, are not in a position to verify the information provided or to evaluate the engineering requirements for the particular application. Accordingly, Weartech does not warrant or guarantee or assume any liability with respect to such information or advice. Moreover, the provision of such information or advice does not create, alter or expand any warranty on our products. Any express or implied warranty that might arise from the information or advice, including any implied warranty of merchantability or fitness for a particular purpose is specifically disclaimed.
Weartech is a responsive manufacturer, but the selection and use of specific products sold by Weartech is solely within the control of, and remains the sole responsibility of the customer. Many variables beyond the control of Weartech affect the results obtained in applying these types of application methods and services requirements.
Weartech shall not be liable for any delay in any performance or failure to render any performance when such delay or failure is directly or indirectly caused by governmental laws or regulations; acts of war; acts of government; acts of God; acts of terrorism; sabotage; civil disturbances; strikes or other labor disturbances; equipment failure; inability to procure raw materials, power, equipment, labor or other supplies on an economic basis; explosions; accidents; transportation delays or shortages; floods; landslides; epidemics; or similar or dissimilar events which events are beyond the reasonable control of Weartech. In expansion and not limitation, a force majeure event shall be deemed to delay or prevent performance if it directly or indirectly causes the timely performance by Weartech of any of its obligations to be commercially impracticable. Weartech shall not be denied relief under this provision if it fails to avoid or resolve a force majeure event, except to the extent it fails to employ commercially reasonable efforts to avoid or resolve any force majeure event. Upon the occurrence of any force majeure event, Weartech shall have the right to allocate products among its customers in its sole discretion. This provision supplements and does not replace any remedies available to Weartech under the Uniform Commercial Code and other applicable law.
These terms and conditions supersede all other communications, negotiations, and prior oral or written statements regarding the subject matter of these terms and conditions. No change, modification, rescission or waiver of these terms and conditions shall be binding upon Weartech unless made in writing and signed on its behalf by a duly authorized representative.
Buyer shall not assign its rights or delegate its duties hereunder without the prior written consent of Weartech, and any such assignment, without such consent, shall be void. A change in ownership or control of Buyer is deemed to be an assignment for purposes of this provision.