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Name of Division or Subsidiary:
Stock
Drive Products/Sterling Instrument, divisions of Designatronics,
Inc.
As used herein, "Seller" means Stock Drive
Products/Sterling Instrument, "Buyer" means any person ordering goods
from Seller after March 31, 2006, and "person" means any individual,
corporation, company or other entity.
ORDERING: Goods may be
ordered by:
(a) Telephone to: (516) 328-3300
(b) Via online @ https://sdp-si.com/eStore/
(c) Fax to: (516) 326-8827
(d) Mail to: 2101
Jericho Tpke., P.O. Box 5416, New Hyde Park, NY 11042-5416
(e)
UPS/other courier to: 55 South Denton Avenu, New Hyde Park, NY
11042-5416
(f) Email to: SDP-SIsupport@sdp-si.com
Office hours are 9AM-5PM, EST, Monday-Friday.
You
may fax (516) 326-8827 or email SDP-SIsupport@sdp-si.com at
any time. When ordering, specify part numbers, quantities, desired delivery date
and shipping method. For larger production quantites, Seller will provide
written quote of price and delivery on request. Seller will provide current
price/stock status on any catalog item by telephone or fax request. Quotes for
modified catalog parts or custom-made parts are available on request. Please
send sketches or prints.
MINIMUM ORDER: From USA, $50 + freight.
From outside USA, $75 + freight. There is an additional charge of $10. for
orders below the minimum.
Presently there is no minimum
order for transactions done entirely on the eStore using a credit card.
Orders originated through the
E-mail or RFQ options will be subject to the in house minimum
Handling Charges: A $4.25 handling charge is applicable to
all orders originated through the Sales Department.
Handling Charges (Online
Purchases) A $3.95
handling charge is applicable to all orders originated on-line. There are no
handling charges for online backorders created from an order that is split. A
split order is an order where the items are divided between In Stock and Out Of
Stock items.
PRICES: Prices shall be as in effect at time
of purchase order or as agreed to in writing by Seller. Prices listed in its
catalog or elsewhere are subject to change without notice. Please contact Seller
to confirm price. Prices do not include freight, duties, special handling,
certification, insurance or taxes, which are all Buyer’s
responsibility.
CREDIT: Bank and 3 trade references are required
for new accounts. Until account is approved, Seller may require cash in advance,
payment by approved credit card or C.O.D. C.O.D. orders are subject to an
additional handling charge.
TERMS: For open accounts, terms are
net 30 days, F.O.B. our plant. Open accounts are invoiced for goods/freight when
shipped. Seller accepts VISA®, MasterCard®, American Express® and Discover®.
Buyers paying by credit card are charged for goods/freight when shipped, subject
to credit card approval. All past due amounts shall bear interest at one and
one-half percent (1.5%) per month or the highest legal rate, whichever is less;
and Seller may recover all costs, including attorneys’ fees, incurred to collect
any past due amount.
SHIPMENT; RISK OF LOSS: Seller will ship
goods as directed by Buyer or determined by Seller, usually UPS, DHL, FedEx, in
any case at Buyer’s cost. Seller will endeavor to meet promised delivery dates.
Buyer shall bear all risk of loss and damage after goods are delivered to
carrier, including any loss or damage in transit.
RETURNS;
EXCHANGES; SHORTAGES: Buyer must get return authorization in writing. Seller
must approve returns and exchanges in writing. Returns must be requested within
15 days after receipt of goods. Returned goods will be inspected and a
restocking charge may be made. No credit will be allowed on custom-made, used or
modified parts or parts purchased on a quantity basis. Shortages must be
reported within 10 days after receipt; and if so reported, Seller will make up
shortages at its cost.
Any orders for Stock
Drive products and Sterling Instrument Standard Products as listed in the
published price list that is accepted for return from customer after invoice for
shipment, may be subject to a restock charge of $25 or 25% of the invoiced
amount, which ever is greater.
Purchase Orders
involving custom configurations or custom sourcing cannot be canceled
and are NOT returnable.
TECHNICAL AND PRODUCT INFORMATION: Seller disclaims responsibility for errors or omissions in any technical or
product information contained in its catalogs or other sales materials. Buyer is
solely responsible for determining if goods are suitable for purposes intended
by Buyer and its customers and future users.
LIMITED WARRANTY: Seller warrants that all goods it sells will be free from material defects in
manufacturing and workmanship by Seller: PROVIDED THIS LIMITED WARRANTY SHALL
EXPIRE ONE (1) YEAR AFTER SHIPMENT F.O.B. OUR PLANT (the "Warranty Period") AND
SHALL NOT APPLY:
(a) unless Seller receives written notice
of the breach of warranty within 30 days after discovery of the defect
or
non-conformance and in any event within the one (1) year Warranty Period;
and
(b) to any goods which have been (i) repaired, altered or
improperly installed, (ii) subject to improper storage,
(iii) damaged
during or after transit, (iv) used or incorporated with or into any other
product, machine or
equipment after Buyer or anyone using the goods has, or
reasonably should have, knowledge or the defect
or non-conformance, or (v)
manufactured, fabricated to assembled by anyone other than
Seller.
ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE
DISCLAIMED.
BUYER’S REMEDIES: At Seller’s option, if it
breaches the warranty set forth above, it may either (a) repair or replace
defective or non-conforming goods or parts or (b) repay the price it received
for goods, whichever it elects. As a condition precedent to either remedy, Buyer
shall have paid the price of the goods and made them available for inspection at
Buyer’s place or business or returned them at Seller’s request and cost and by
the carrier it designates. BUYER SHALL HAVE NO OTHER REMEDY AGAINST SELLER,
AND ALL OTHER REMEDIES ARE WAIVED, INCLUDING ANY RIGHT TO RECOVER CONSEQUENTIAL
OR INCIDENTAL DAMAGES. The limited warranty set forth above and these
remedies shall extend only to Buyer and not to any subsequent buyer or user of
the goods. In no event shall Seller’s liability for breach exceed the price paid
for by the goods by Buyer.
GOVERNING LAW; EXCLUSIVE
JURISDICTION: This contract shall be governed by the substantive laws of New
York, without regard to choice of law principles. The State and Federal
courts in Nassau County, New York, shall have the exclusive jurisdiction and
venue to adjudicate rights and duties under this
contract.
PERIOD OF LIMITATIONS: An action for breach of
this contract, including breach of the limited warranty set forth above, or any
other action relating to goods shipped by Seller or ordered by Buyer, must be
commenced within one (1) year after the cause of action
accrued.
MISCELLANEOUS: All orders placed with Seller after
March 31, 2006, constitute acceptance of these Terms and Conditions. All
conflicting, inconsistent and additional terms and conditions are rejected
unless contained in writing and signed by an officer of Seller. Buyer may not
assign any rights or remedies under this contract without Seller’s prior written
consent. If any part or provision of these Terms and Conditions is held to be
invalid or unenforceable, such part or provision shall be deemed omitted, and
that shall not affect the validity or enforceability of any other part or
provision hereof.
These Terms and Conditions may be found at http://www.sdp-si.com Terms and Conditions.
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