Terms & Conditions of Sale
Seller’s prices specified in this Acknowledgment are subject to the following:
- (a) UNLESS OTHERWISE SPECIFIED, PRICES ON THIS Quotation/Acknowledgment ARE FIRM and are good for thirty (30) days from the date of the quotation; budgetary Quotation/Acknowledgments and estimates are furnished for preliminary information only and shall neither constitute offers, nor impose any responsibility of liability upon Seller.
- (b) Unless otherwise specified, regardless of destination all prices quoted are in U.S. dollars and are based on packing for domestic shipment.
- (c) Unless otherwise stated in writing by Seller, all prices quoted shall be exclusive of transportation from the FOB point, insurance, taxes including without limitation, any sales, use or similar tax, and any tax levied on or assessed to Seller after Product(s) delivery by reason of Seller’s security interest in Product(s), license fees, customs fees, duties and other charges related thereto.
- (d) Engineering charges (“NRE”) are solely for adaptation of existing technology of Seller to customer packaging, interface and other requirements. Provision of equipment and/or documentation by Seller does not impart any ownership of technology or design to Customer or to any third party; no transfer of rights to manufacture this equipment is included in the terms of sale.
This Quotation/Acknowledgment is issued only to the Customer named on the face hereof. Any assignment by Customer of this Acknowledgment or any contract entered into pursuant to this Acknowledgment is void without the express written consent of Seller. Customer’s order will be deemed a representation that Customer is solvent and able to pay for items ordered. If Customer fails to make payments due, or if bankruptcy or insolvency proceedings are instituted by or against Customer, or if Customer makes an assignment for the benefit of Creditors, Customer will be deemed in default and Seller will have the right to require reasonable progress payments for work in process or, in the absence such progress payments, to terminate its obligations without affecting the obligation of Customer to pay for Product (s) delivered and work in process as of such termination. All contracts for the sale of Product(s) entered into pursuant to this Quotation/Acknowledgment shall be construed under and governed by the laws of Massachusetts. If any part, provision or clause of the terms and conditions of sale, or the application thereof to any person or circumstances, is held invalid, void or unenforceable, such holding shall not affect and shall leave valid all other parts, provisions, clauses or applications of the terms and conditions remaining, and to this end the terms and conditions shall be treated as severable.