BUYER’S TERMS AND CONDITIONS:
Fiberoptic Systems Inc (FSI). products are offered for sale only under the terms and conditions contained herein. Notwithstanding terms and conditions of Buyer’s order, FSI’s acceptance of any order is expressly made conditional on Buyer’s agreement to FSI’s terms and conditions of sale unless otherwise specifically agreed to in writing. In the absence of such agreement commencement of performance and/or delivery shall be for the Buyer’s convenience only and shall not be deemed or construed to be acceptance of Buyer’s terms and conditions or any of them.
All orders are subject to acceptance only at FSI’s Plant(s).
Customer owned material being sent back to FSI for rework of any type will be at the customer’s risk. FSI will not be responsible for replacing material if damaged during the rework/return process.
Determination of the suitability of the products described on the face hereof for the use contemplated by the Buyer or Buyer’s customer is the sole responsibility of the Buyer or Buyer’s customer, whichever the case may be, and FSI shall have no responsibility in connection therewith unless otherwise specifically agreed to in writing.
FSI warrants that the goods supplied hereunder shall meet the description or specification stated herein AND BE FREE FROM ALL DEFECTS, SHALL CONFORM TO THE SPECIFICATIONS, DRAWINGS, SAMPLES, DATA OR OTHER DESCRIPTIONSFURNISHED TO OR BY THE BUYER.. The Buyer’s exclusive remedy and FSI’s sole liability hereunder shall be limited to the refund of the purchase price of, or the replacement of all goods shown to be otherwise than as warranted and FSI shall in no case be liable otherwise or for incidental or consequential damages. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WRITTEN OR UNDERWRITTEN EXPRESS OR IMPLIED. PARTS ARE WARRANTIED FOR A PERIOD OF (1) YEAR FROM DATE OF MANUFACTURE.
WARRANTY REPLACEMENT OR ADJUSTMENT:
Replacement or refund of purchase price for goods supplied hereunder which do not meet the description or specifications herein is conditional on buyer giving FSI notice within sixty (60) days from date of shipment by FSI that said goods are otherwise than as warranted. Where said goods are not standard products and have been manufactured to Buyer’s drawings and specifications, FSI reserves the option to repair or replace said goods in lieu of refunding the purchase price.
RETURN OF GOODS:
No goods may be returned for any reason without written permission of FSI
TITLE AND RISK OF LOSS:
Title and risk of loss or delay of all goods supplied hereunder shall pass to Buyer upon FSI’s delivery thereof to carrier at shipping point.
In the absence of specific instructions shipment will be made at the discretion of the shipper.
FSI shall not be liable for any delay in performance of any order accepted by it or in delivery or shipment of goods there under when such delay is directly or indirectly caused by or in any manner arises or results from fire, flood, strike, accident, riot, war, governmental interference, act of God, or other difficulties (whether or not similar in nature to any of those specified) beyond its control. Whenever such causes are remedied, FSI will make and Buyer shall accept deliveries under such order.
If an order is canceled after confirmation, a cancellation fee will be applied based on the following conditions:
- If cancellation occurs after 24 hours of order confirmation, a cancellation fee will be charged. The fee will be either 10% of the total order value or a minimum fee of $250.00, whichever is higher.
- In the event that raw materials have been procured from our supplier/vendors for your order, a charge will be incurred. This charge will be the actual cost of materials plus a 15% surcharge for general and administrative (G&A) costs and handling.
- If the cancellation is due to a fault from our end (product unavailability, supplier issues, etc.), no cancellation fee will be applied.
- Payment by credit card: We accept MasterCard, Visa and American Express. Your order will be billed at time of shipment.
- Pre-payment by wire transfer: Payment needs to be received by our bank prior to shipping.
- To set up an Account for Net 30 terms, a signed Business Credit Application with valid credit references will need to be completed and approved.
- Shipping Charges: If you have a Fedex, DHL or UPS account, we will ship freight collect. If not, shipping will be prepay and add.
- All customs, duties and wire transfer fees are to be paid by customer.
- All colleges and government agencies (including outside US) automatically have Net 30 terms.