No warranty, promise or representation as to any product sold by us nor any waiver or modification of the following terms and conditions shall be binding upon us unless reduced to writing and signed by an authorized officer.
Deliveries are subject to COMMANDO SPECIALTIES ability to secure materials for the manufacture of apparatus to be supplied and are subject to delays due to strikes, fires, transportation conditions, embargoes, acts of God, or any other cause beyond our control. In cases where more than one item is placed on the same order and only one shipping date for the entire order is specified and in the absence of a specific schedule of shipments applied to each item, COMMANDO SPECIALTIES reserves the right to ship any part of the order in advance of the shipping date and buyer shall make payment in accordance with the terms specified below.
ERRORS AND CHANGES
COMMANDO SPECIALTIES reserves the right to correct clerical or stenographic errors or omissions; also to make changes in design at any time without incurring any obligation to install same on units previously purchased.
Will be made f.o.b. COMMANDO SPECIALTIES Shipping Department and in the absence of specific shipping or packing instruction, in accordance with our best judgment. COMMANDO SPECIALTIES responsibility ceases (except as stated in COMMANDO SPECIALTIES warranty) with the delivery of the goods or products to the carrier, unless other terms are expressly stated on the reverse hereof.
Claims for shortages or rejections must be made in writing within ten days after receipt. No claims shall be made against COMMANDO SPECIALTIES for expense or loss resulting from infringement of patent in connection with the purchase, manufacture or use of the goods and products herein described and the buyer shall hold COMMANDO SPECIALTIES harmless against any expense or loss resulting from infringements of patents or trade marks arising from compliance with buyer’s design or specifications or instructions. All equipment and technical data including instruction manuals are delivered to the buyer for the sole purpose for which they were designed. The buyer shall insure that COMMANDO SPECIALTIES products shall not be used in any other manner and that technical data and instruction manuals shall be used for the sole purpose of operation, maintenance and repair of COMMANDO SPECIALTIES products. Even though patents or copyrights may or may not be applicable to COMMANDO SPECIALTIES products or technical data, the buyer shall not directly, or indirectly, by granting buyer’s permission to any person or organization copy, reproduce or in any other manner take advantage of the design used in COMMANDO SPECIALTIES products or technical data.
No credit shall be allowed for returns unless COMMANDO SPECIALTIES's authority in writing has been first obtained. Only instruments and other products of current design in original sealed cartons will be considered for credits and when returned, a reasonable handling charge will be made to cover necessary inspection, adjustments, repacking and clerical work. A 15% cancellation charge will be imposed on all returned standard products. Special or custom products are subject to a minimum return fee of 50%. The buyer is responsible for freight on return shipments.
Terms are net 30 days after shipment of equipment subject to credit approval. If payment is not received within 45 days of shipment/invoice date, interest will be charged at the rate of 1.5 percent per month, commencing 30 days after the invoice date.
Prices are exclusive of all excise, sales, use and other applicable taxes. The buyer shall pay any manufacturer’s tax or sales tax hereafter imposed by any governmental authority, upon the goods and products herein described, or the production, sale distribution, or delivery thereof, or upon any feature of this transaction.
Cancellation of orders for special apparatus will not be accepted. Any order for COMMANDO SPECIALTIES standard products may not be cancelled within thirty days of the date scheduled for delivery by COMMANDO SPECIALTIES. Otherwise the order may be cancelled in accordance with the following:
(A) By mutual agreement of the buyer and seller.
(B) If the items covered by the order are being purchased for ultimate delivery to the government pursuant to a government contract, or for use on a government
contract with or without other equipment, then it is agreed that any part or all of this order may be cancelled only in accordance with the cancellation provisions of the corresponding government contract.
(C) Special or custom products are subject to a minimum cancellation charge of 50%.
Title of any goods or products sold hereunder shall remain with COMMANDO SPECIALTIES and such goods and products shall remain personal property until all payments under terms of purchase, including deferred payments, whether evidenced by notes or otherwise, shall have been made in full in cash; and the buyer agrees not to sell, transfer or encumber any COMMANDO SPECIALTIES goods or products sold hereunder or do any act or enter into any transactions whatsoever which in any way detrimentally affect the reservations of title to such goods and/or products by COMMANDO SPECIALTIES until such goods or products have been paid for in full.
In the event any court action or proceedings are instituted or taken by COMMANDO SPECIALTIES to enforce or recover upon any of the terms of this sales transaction, or in the event
COMMANDO SPECIALTIES becomes a part to any such court action or proceeding by reason of its rights hereunder or the exercise of such rights, COMMANDO SPECIALTIES shall be entitled to recover in addition to court costs and expenses incident to any such action or proceeding, its reasonable attorneys’ fees to be fixed by the court, and with respect to any such attorneys’ fees, the same shall be chargeable to and payable by the buyer who shall indemnify and hold harmless from the payment thereof and all loss, liability and obligation in connection therewith.
Equipment supplied by COMMANDO SPECIALTIES, but not manufactured by COMMANDO SPECIALTIES is warranted solely by the manufacturer of such equipment. COMMANDO SPECIALTIES does not warrant equipment not manufactured by COMMANDO SPECIALTIES including batteries.
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