Thank you for choosing Sun-Tec Corporation for your hardness testing solution needs. Should you have any questions, comments or concerns regarding the information contained in this document, please let us know and we will be happy to answer and discuss them with you further. Thank you again and we appreciate your business.
- TERMS AND CONDITIONS OF SALE:
In these Terms and Conditions of Sale, Sun-Tec may be referred to as “Sun-Tec” or “Seller” and you may be referred to as “Purchaser” or “Customer”.
- SUN-TEC’S ACCEPTANCE OF ORDERS:
The entire Agreement between Sun-Tec and the Purchaser consists of these Terms and Conditions of Sale, Sun-Tec’s quote (if applicable), and Sun-Tec’s order confirmation. Any of the Customer’s terms and conditions which are different than or in addition to those contained in this Agreement will be in no force or effect unless explicitly agreed to in writing by Sun-Tec. Performance by Sun-Tec or fulfillment of Customer’s order shall not be construed as acceptance of any such terms and conditions of Customer. All sales will be governed by the laws of the State of Michigan without regard to conflict of law principles.
- PERFORMANCE/FORCE MAJEURE:
Sun-Tec shall make all reasonable efforts to observe the dates agreed upon by the parties for deliver and/or performance of purchased products or services, but Sun-Tec shall not be responsible for any delay in delivery or performance resulting from: (1) strike; (2) lockout; (3) riot; (4) war; (5) fire; (6) acts of G-d; (7) unforeseen delays caused by any subcontractor, supplier of Sun-Tec or by Purchaser; or (8) due to any circumstances or any causes beyond Sun-Tec’s reasonable control, whether similar or dissimilar to the foregoing and whether or not foreseen. Purchaser agrees that any delay in delivery and/or performance by Sun-Tec will not be grounds for Purchaser to terminate and no claim of penalty or any kind shall be effective against Sun-Tec for such delay or failure to perform; provided, however, that if the delay of failure to perform extends beyond ninety (90) days from the original agreed upon date, either party may terminate this Agreement without further liability to the other party, upon written notice to the other party.
Products Purchase from Sun-Tec Corporation – Equipment and products manufactured by Sun-Tec Corporation are warranted to be free from defects in material and workmanship for a period of one (1) year from date of shipment, unless otherwise stated in writing by SunTec Corporation. This obligation does not necessarily include labor or travel expenses to repair or replace a defective part(s). Nor does it cover: calibration as found at customer’s facility, failure due to accident, abuse, neglect, misuse, repair alteration or modification by any party. Unusual deterioration due to physical environment or electrical noise environment. New equipment warranties are non-transferable.
Equipment or Products Distributed by Sun-Tec Corporation – Equipment or products distributed by Sun-Tec shall be warranted to the extent covered by the original manufacturers warranty. For further information please see the original manufacturer’s warranty terms.
Used Equipment Purchased From Sun-Tec Corporation – Sales of used equipment are sold “AS-IS” and Sun-Tec provides no warranty for same, unless otherwise agreed to by Sun-Tec, in writing, or explicitly stated in the Sun-Tec quotation.
Sun-Tec Corporation’s Obligation/Purchaser’s Remedies – Sun-Tec’s sole obligation under this Warranty shall be to repair or replace any part or parts which, to our satisfaction, prove to be defective upon return prepaid to Sun-Tec Corporation, Novi, Michigan. This obligation does not include labor to install replacement parts, nor does it cover any failure due to accident, abuse, neglect, or use in disregard of instructions furnished by Sun-Tec. In no event shall damages for defective goods exceed the purchase price of the goods, and SUN-TEC shall not be liable for incidental or consequential damages whatsoever. In no event shall damages for defective goods/products exceed the purchase price of the goods/products and Sun-Tec shall not be responsible for any incidental or consequential damages whatsoever.Exceptions – Expendable consumables, such as Diamond and Ball indenters, Hardness Standard Test Blocks, Light Bulbs and Anvils are not covered under this Warranty.
- LIMITATION OF LIABILITY AND CLAIMS:
Sun-Tec shall not be responsible for damage to any of Purchaser’s instruments, equipment, or apparatus nor will Sun-Tec be held liable for loss of profit or other special damages resulting from abuse, neglect, or use in disregard of instructions. The Purchaser, its employees, agents, and successors in interest assume all risks and liabilities for the operation, use, and/or misuse of the product(s) described herein and agree to indemnify, hold harmless, and defend Sun-Tec from any and all claims and actions arising from any cause whatsoever, including Purchaser’s negligence and/or personal injury sustained in connection with the use of said product(s) and any and all damages proximately resulting therefrom.
Authorization for any return must be obtained through an RMA (Return Material Agreement) prior to returning any parts and/or machines. Subsequent to obtaining an RMA from Sun-Tec, Purchaser shall ship all returns, items to be prepaid, to Sun-Tec Corporation, 46590 Ryan Ct., Novi, MI 48377.
You agree and understand that from time to time we may alter (including adding or eliminating all or parts of provisions) these Terms & Conditions of Sale, including but not limited to the Warranty provisions contained herein. Amended versions of these Terms & Conditions of Sale shall take effect on the date specified for the amended version (“Effective Date”) and will apply to all sales that were commenced on or after the Effective Date. No Amendments will be valid unless they are in a paper or electronic writing signed/posted by Sun-Tec.
- GOVERNING LAW AND EXCLUSIVE JURISDICTION:
These Terms & Conditions of Sale and your purchase are governed by the laws of the State of Michigan, U.S.A., without regard to its choice of law provisions, except where you are required by published governmental law, ordinance, regulation, directive, order, or the like (collectively, “Mandate”) to contract for application of the law of your local jurisdiction. You hereby consent to exclusive jurisdiction of a state or federal court of general jurisdiction sitting in the State of Michigan, U.S.A. except to the extent you are prohibited from doing so by a Mandate.
- ENTIRE AGREEMENT:
These Terms & Conditions of Sale, including the Warranty provisions, Amendments and any: (a) notices, terms and items incorporated into any of them; and (b) additional terms and conditions contained on our Website constitute the entire agreement between you and SunTec. If any provision of the Entire Agreement is found by a court of competent jurisdiction to be invalid, its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
Sun-Tec’s failure to act with respect to a breach by you does not waive its right to act with respect to subsequent or similar breaches. Time is of the essence with regards to the Entire Agreement and there are no third party beneficiaries of it. You may print or make an electronic copy of the Entire Agreement for your official records; to the extent required by law, we hereby instruct you to do so. You may not assign these Terms & Conditions of Sale or any of your rights or obligations under these Terms & Conditions of Sale without SunTec’s prior written consent.
- ELECTRONIC TRANSACTIONS:
Sun-Tec and any Third Parties may communicate with you electronically now and in the future in their respective discretion during the entire course of activities pursued with you, including but not limited to having you electronically sign documents and receive electronic notices. Sun-Tec and any Third Parties also reserve the right to deal non-electronically and to require you to do so.