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STANDARD TERMS AND CONDITIONS

1. Binding Contract.  Any invoice relating to the purchase and sale of the goods (herein referred to as the "Goods") will become a binding contract on the terms and subject to the conditions set forth herein when Buyer accepts any shipment of the Goods.  The invoice will not be an acceptance or confirmation of any other terms.  The invoice will be subject to the terms and conditions set forth herein and no others unless there is a signed overriding agreement between the parties.  Any additional or different terms or conditions proposed by the Buyer are hereby rejected.

2. Complete Agreement.  The terms and conditions set forth constitute the final agreement of the parties, are a complete and exclusive statement of the terms of that agreement and supersede any previous or contemporaneous communications, representations or agreement, whether oral or written, with respect to the Goods.  The terms and conditions of the invoice cannot be changed or amended except by a written agreement signed by SETT.

3. Price Revision.  Unless otherwise expressly stated by SETT, prices are subject to revision without notice.  Goods will be supplied and invoiced at the prices in effect at the time of shipment.  If any price revision is not accepted, SETT, without liability and at its opinion, may either continue to supply Buyer at the contract price and terms then in effect or terminate this contract, either in its entirety or with respect to future shipments of the Goods affected, as of the effective date of the price revision or any later date by so notifying Buyer in writing.

4. Credit.  Payment is typically due by Credit Card.  Credit terms may be available, at the sole discretion of SETT.  Whenever SETT in its sole judgment has any doubt as to Buyer's creditworthiness of financial responsibility, SETT may require payment in cash in advance of shipment.

5. Separate Contracts.  Each shipment to Buyer shall constitute a separate and independent contract, and shall be separately invoiced and paid for when due, without regard to subsequent deliveries.  SETT shall have the right at all times, among other remedies, either to terminate the contract or to suspend further deliveries upon failure of Buyer to pay for any one shipment when it becomes due or when Buyer is in default of any other sales agreement between Buyer and SETT.  Delay or default in any delivery or shipment shall not relieve Buyer of its obligations to accept remaining deliveries.  Upon such termination or suspension by SETT, all Buyer's outstanding obligations to SETT shall be immediately due and payable.

6. Shipping.  All Goods are sold F.O.B. SETT's plant.  Unless otherwise specified by Buyer, means of shipment shall be at the sole discretion of SETT.  Any quoted delivery date is only an estimate.  SETT is not responsible for damages in shipping.  All items must be inspected by Buyer upon delivery.  All shipping costs paid by Buyer.  All shipping prices are our best estimates.  If actual shipping charge is greater than the estimated shipping cost, we will increase the shipping charge and contact the customer before processing the order.  If the customer does not respond, we will not process the order.  Prices may vary based on delivery conditions and fuel surcharges.  In addition, we cannot guarantee that trucking companies will meet their quoted delivery schedules.

 

Available Delivery Options. For small cabinets or accessories, standard shipping is UPS ground.  For larger racks and skids, we use various freight companies depending on the shipping destination.  The options for delivering the large racks and skids are as follows:

 

  1. Dock to Dock:  This is our standard option which is quoted on our website.  Choose “Dock to Dock” option if there is a loading dock area at the destination location which allows the freight truck to unload the shipment.  After the driver unloads the shipment, the customer is responsible for moving the rack to its final location.
  2. No Loading Dock or Street Delivery: Select this option if there is no loading dock or if a street delivery is required.  In this case, we would instruct the freight company to deliver this shipment with a truck equipped with a lift gate which allows the truck to lower your shipment to the ground.  Once the shipment is on the ground, it is the customer’s responsibility to handle the shipment to its final destination.  There is an additional charge for such a service as shown on the website.
  3. Inside Delivery:  This option requires the customer to call us with the request for inside delivery.  We will contact the freight company with a request for inside delivery quote if available.

 

All shipments are standard ground, unless otherwise quoted and approved in writing by SETT.

 

7. Inspection.  Buyer shall examine each shipment upon its arrival at Buyer's facilities and shall immediately notify driver and note all damages on Bill Of Lading.  All claims are handled between the Buyer and the shipping company.  It is the Buyer’s responsibility to file a claim with the shipping company.  In order for Buyer to begin claim process with shipping company, all damages must be noted on Bill of Lading with driver’s signature.  Buyer may choose to notify SETT in writing in order for SETT to assist Buyer in claim process.  It is the Buyer’s responsibility to notify SETT in writing of any shortage within three business days.  Failure by Buyer to forward such notification to SETT shall constitute an absolute and unconditional waiver of all claims for any such shortage, loss or damage.

8. Limited Warranty and Disclaimer.  SETT warrants only that at the time of delivery and for a period of twelve calendar months after delivery or the period stated in this invoice, if different, the Goods shall be free of defects in workmanship and materials, PROVIDED that this warranty shall not apply:

(i)              to damage caused by Buyer's or any third party's act, default or misuse of the Goods or by failure to follow any instructions supplied with the Goods.

(ii)              where the Goods have been used in connection with or incorporated into equipment or materials the specification of which has not been approved in writing by SETT.

(iii)                 to Goods which are altered, modified or repaired in any place other than a SETT factory or by persons not expressly authorized or approved in writing by SETT.

(iv)                Any damages caused in shipping are not the responsibility of SETT and are not covered under warranty.

THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WITH RESPECT TO GOODS DELIVERED UNDER THIS CONTRACT, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  The foregoing warranty runs only to Buyer.  There are no oral or written promises, representations or warranties collateral to or affecting this contract.  Representatives of SETT may have made oral statements about products described in this contract.  Such statements do not constitute warranties, shall not be relied on by Buyer and are not part of the contract.

9. Assumption of Risk.  Buyer assumes all risk and liability whatsoever for any and all injuries (including death), losses or damage to persons or property or otherwise resulting from the possession, handling, storage, transportation, use or other disposition of Goods sold, whether used alone or in connection with other goods or equipment.

10. Limitations of Remedies.  If the Goods do not conform to the warranty set forth herein, SETT’s sole liability and obligation shall be to replace the specific nonconforming Goods or refund the purchase price actually paid for such nonconforming Goods, as SETT may elect.  If replacement of the Good is elected, shipment of the Good to SETT's plant will be the responsibility of the Buyer.  SETT's liability under this warranty or otherwise with respect to the Goods or their use (including liability for negligence or otherwise) is limited solely and exclusively to the remedies provided above and no other right or remedy will be available to Buyer or to any other person.  SETT will in no event be liable to any person for any special, incidental or consequential damages to person or property except to the extent mandated by applicable state law.

11. Limitation of Claims.  Notwithstanding any custom or trade or course of dealing between SETT and Buyer, failure of Buyer to give notice of any claim for breach of warranty of the applicable warranty period (which five-day period the parties agree is a reasonable time) shall constitute an unqualified waiver by Buyer of all claims with respect thereto, including the right to receive a refund of the purchase price or replacement of the Goods.  Goods returned for failure to conform to the applicable warranty will not be accepted for credit unless the Goods are returned in accordance with SETT's instructions accompanied by an explanation of the nature of the failure that is satisfactory to SETT.  Returns are accepted at the sole discretion of SETT.  A restocking fee may apply.

12. Technical Information and Proprietary Rights.  Any know-how, information design or drawings, supplied by SETT relating to the Goods or to the business of SETT or incorporated in the Goods are strictly confidential and the Buyer shall not copy, use or disclose any such know-how, information, designs or drawings without prior written consent of SETT.  All trademarks, trade names, patent rights, copyrights and other similar proprietary rights in respect of the Goods shall remain the property of SETT and Buyer shall acquire no interest whatsoever in any such rights.

13. Export Sales.  Buyer shall be liable for all charges, levies, taxes and other costs in respect of the delivery of the Goods outside the United States, including without limitation, all customs, exportation and importation duties chargeable in respect of the Goods.

14. Non-Delivery.  SETT shall be relieved from furnishing the Goods if delayed or prevented by any circumstances beyond the control of SETT including, but not limited to, fire, explosion, accident, breakdown of machinery or equipment, acts of God, strikes or other labor disputes, riots or other civil disturbances, delays or defaults of vendors, acts of government (including voluntary or involuntary compliance with any law, order, regulation, recommendation or request of any government authority), or any other similar cause beyond its control; provided, however, that if manufacture is suspended or terminated for any of the foregoing reasons, Buyer shall take delivery of and make payments for all such Goods completed and in process at the date of suspension or termination of manufacture.  SETT shall have no obligation to buy in the open market any article to be used in SETT's manufacture when the supplier thereof has defaulted in delivery.  SETT reserves the right at any time to allocate or apportion its available products among its customers (whether contract or non-contract) and its own internal uses in such manner as it deems fair and equitable, and any Goods not delivered as a consequence thereof shall be deducted from the contract quantity.

15. Actions.  Each party shall be deemed to have waived all rights to bring an action for breach of this contract, unless such action is brought within one year after the cause of action has accrued.

16. Failure to Object; Waiver.  Failure of SETT to object to any terms which now or in the future appear in any form or other communication of Buyer shall not be construed as a waiver of the provisions set forth herein nor an acceptance of any such terms.  No course of prior dealings between the parties and no custom of trade shall be relevant to supplement, explain or vary any of the terms set forth herein.  Waiver by either party or any breach of any of the terms, conditions or provisions set forth herein, or any failure to enforce same, at any time, shall not in any way affect, limit or waive such party's right to thereafter enforce and compel strict compliance to that or any other terms, conditions or provision hereof.

17. Assignment.  Buyer may not assign its rights or delegate its performance hereunder, in whole or in part, without prior written consent of SETT and at SETT's election, any attempted assignment or delegation without such consent shall be null and void.

18. Survival.  The provisions of paragraphs 8 through 12 shall survive any cancellation or termination of this contract and any performance hereunder.

19. Governing Law.  The validity, interpretations and performance of this contract shall be governed by and construed according to the laws of the Commonwealth of Pennsylvania.   All sales tax, if applicable should be paid by the customer.  Orders in the state of Pennsylvania will be subject to a 6% PA Sales Tax.

 

20.  Returns and Cancellation Policy. At SETT we would like to make sure that you are satisfied with your order.  If for some reason you have a concern, please call us at 215.322.9301.  If you would like to cancel or return a product, you must first receive approval from SETT.  In order to get approval, please call our customer service provide the information asked by our representative.  Unless otherwise approved in writing by SETT, the customer will be responsible for properly packing the returned goods as well as the shipping charges.  Returns must be made within 30 days from the date of purchase.  Returns for custom racks are not approved.

21. Headings.  The headings of the various paragraphs are inserted only as a matter of convenience and for reference and in no way are intended to define, limit or describe the scope or intent of the particular paragraph to which they refer.

Special Provisions (e.g. firm price throughout contract term, special delivery terms, warranty extension, etc.)

 


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