TERMS and CONDITIONS
KOLMAR TECHNOLOGIES, INC.
3 Graf Road, Newburyport,
MA 01950 USA
QUOTATION
This quotation is subject to the terms and conditions herein except as specifically modified by any additional terms and conditions stated
in the quotation letter or proposal. Notwithstanding any terms and conditions on Purchaser's order, acceptance by KTI of any order is
expressly made conditional on Purchaser's agreement to the terms and conditions of KTI. In the event of conflict between terms and
conditions stated herein and those stated in the quotation, the latter shall govern.
a. The quotation is firm for ninty (90) days.
b. Prices are quoted in United States currency.
c. Prices are quoted FOB Newburyport, MA or at a subcontractor facility if expressed in writing in the quotation, exclusive of any
transportation or insurance charges; when such transportation or insurance charges are prepaid by KTI, they will be invoiced at
cost in addition to the price.
d. All prices are quoted with the understanding that any import duties, excise taxes, franchise, any state or local sales or turn-over
taxes with respect to the equipment quoted will be the responsibility of the Purchaser, and when paid by KTI will be added to
the sales price.
e. Technical data, proprietary rights of any kind, patent rights, qualifications, environmental tests, or any other than normal
commercial packaging are not included unless specifically agreed to in writing.
TERMS OF PAYMENT
Payment in full is due on delivery of equipment at the FOB destination notwithstanding any subsequent installation or other on-site service
to be performed on said equipment by KTI or its subcontractors in accordance with any purchase agreement.
All resultant purchase orders with a value exceeding $50,000 will be subject to milestone or progress payments. The specific terms of this
payment provision will be negotiated prior to purchase order acceptance.
TRANSPORTATION
Unless otherwise specifically agreed upon, the method of shipment will be selected by KTI. Risk of loss or damage shall pass to the
Purchaser upon delivery of the equipment to the carrier. KTI will insure to full value of the equipment or declare full value thereof to the
carrier at time of delivery, and freight and insurance costs shall be for the Purchaser's account.
DELIVERY SCHEDULE
Quoted delivery date(s) are based on the best estimate of KTI of a realistic time when delivery to the carrier will be made. Unless otherwise
agreed to in writing, KTI reserves the right to make partial shipments.
EXCUSABLE DELAYS
KTI shall not be responsible in any way for loss, damages, detention, or delays resulting from causes beyond its reasonable control,
including without any limitation, strike, riot, war, fire, act of God, accident, lockout or of non-delivery by suppliers necessary to execution
thereof, failure or breakdown of components necessary to completion thereof, subcontractor-caused delays in transportation or restrictions
of the United States Government or other governments having jurisdiction.
LIABILITY
All equipment supplied by KTI is designed and built with care. However, since it is special-purpose research equipment, satisfactory
operation requires close and intelligent attention to details, many of which are beyond the control of the designer and fabricator of the
equipment. Hence, responsibility for satisfactory operation rests solely with the Purchaser. KTI will not be liable in any way for claims
or damages arising out of the use of such equipment, or for any consequential damages resulting from failure of its performance, or delay
in installation or operation. In no event will KTI be liable for any sum greater than the purchase price received by KTI for the equipment
which is the subject of any claim or dispute.
WARRANTY
KTI warrants that equipment of its own manufacture shall be free from defects in materials and workmanship for a period of one (1) year
from the date of shipment from KTI. Liability under this warranty is limited to replacing, repairing, or giving credit for the purchase price
of any equipment returned and shipped prepaid to KTI within one (1) year of delivery to the original Purchaser, provided prior
authorization for such return has been given by an authorized representative of KTI. In-warranty repaired or replaced equipment is
warranted only for the remaining unexpired portion of the original warranty period applicable to the repaired or replaced equipment.
This warranty shall not apply to any instrument or component not manufactured by KTI. When products manufactured by others are
included in KTI equipment, or deliveries, the original manufacturer's warranty, if any, is extended to KTI customers.
This warranty shall not apply to equipment or components which our inspection shall disclose to have become defective or unworkable
due to abuse, mishandling, misuse, accidental alteration, negligence, improper installation, or other causes beyond our control.
THE FOREGOING WARRANTY IS IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
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