Thomas Electronics

thomas electronics, inc. terms and conditions

thomas electronics, inc. terms and conditions



Thomas Electronics Terms and Conditions
June 26, 2007


Conditions

Orders are neither subject to cancellation by the buyer nor subject to delay of shipment at the request of the buyer.

Estimates as to time of shipment are based on conditions prevailing at time of this acknowledgement and date from day of receipt of full manufacturing information: all agreements as to delivery are subject to the contingencies of strike, fires, accidents or causes of delay beyond our control.

All material is adequate tested and inspected before shipment. Unless otherwise limited in our applicable price quotation, claim for deflective material or workmanship must be verified by an authorized representative of this company and in such cases our liability is limited to the replacement or repair of such parts of the material in question as we may decide to be defective after proper examination. We assume no liability for damages or expenses of any character arising out of the installation, use or resale of such material. Before returning such material, shipping instructions must be obtained by us.

Any tax imposed by any present or future law on the sale of articles covered here shall be added to the amount paid therefore.

Stenographic and clerical errors are subject to correction.

Our terms are FOB Plant. Any merchandise damaged in transit and the claims resulting there from must be filed by the customer.



Warranty No. 12/10 or 6/5*

Thomas Electronics warrants that all products furnished here under and the repair and modification thereof by Thomas Electronics will be free from deflects in materials and workmanship under normal use and services for a period of 12 months from date of shipment from Thomas Electronics factory, or 1,000 operating hours, whichever occurs first. If, upon examination by Thomas Electronics, any CRT returned for replacement is determined to be deflective in workmanship or materials, Thomas Electronics will make repair and/or replacement thereof, subject to the conditions set forth below:

  1. Full credit adjustment will be made at or before 50 hours.
  2. After the first fifty (50) hours, a linear prorated credit adjustment will be made based on the difference between elapsed life in hours at failure and 1,000 hours.
  3. Operating hours are defined as the number of hours that the CRT heater or filament is energized. Operating hours are computed after arrival at the buyer. A defect is defined as to have occurred when a CRT fails to satisfy all requirements of applicable specification.
  4. A record of the number of operating hours is to be kept by the user and supporting data should be furnished to Thomas Electronics at the time any claim is made.

Thomas Electronics is not obligated for labor or any other charges in connection with the installation of a replacement, and in no event shall Thomas Electronics be liable for special or consequential damages. This warranty does not apply to any of Thomas Electronics products which have been opened, dis-assembled, repaired, altered, subject to negligence, accident, misuse, improper installation or application, or any product whose serial number has been altered, defaced or removed.

In addition to the forgoing, all products furnished hereunder are warranted with respect to (a) title, and (b) in the case of standard commercial products, non-infringement; in each case subject to the extent provided by the Uniform Commercial Code.

Unless otherwise specifically agreed in writing by Thomas Electronics, the obligations of Thomas Electronics is limited, in the case of a material breach of the warranties set forth in (a) and (b) above, to the return of BUYERS purchase price, or at Thomas Electronics option, in the case of infringement to the prompt replacement of the products with non-infringing conforming products.

The forgoing warranties are in lieu of all other warranties, express or implied, including, without limitation, warranties of merchantability, fitness for any particular purpose and non-infringement (except as set forth above).

*NOTE: If the specific warranty on the front face is expressed as 6/5, the warranty shall be for 6 months or 500 operating hours, and these terms shall be substitute in the foregoing as appropriate.


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