Tovey Engineering, Inc.

Terms and Conditions of Sales and Warranty

Terms and conditions of sale and warranty The conditions stated below shall constitute an integral part of an agreement between a buyer ("buyer") and Tovey Engineering, Inc. ("Tovey Engineering" or "the corporation") for purchase of any Tovey Engineering product.

  1. Warranty - Products manufactured or offered for sale by Tovey Engineering, Inc. (the corporation) are guaranteed free from defects in material or workmanship to the original purchaser for a period of 2 years for force transducers, 1 year for other manufactured parts, and manufacturer's warranty period for components, computers and other resale items from the date of shipment, when products are properly used and correctly installed. The corporation's liability is limited to the repair or replacement of products found by our inspection to be defective upon receipt f.O.B our factory. In no event shall the corporation be liable for incidental or consequential damages. These express warranties supercede any and all other warranties, express or implied, including implied warranty of merchantability or fitness for a particular purpose. No agent or representative is authorized to assume for the corporation any liability except as above set forth.
  2. Acceptance - All orders based on this quotation shall be subject to the corporation's approval and acceptance as to quantity, delivery, and other conditions not herein set forth. Orders will be accepted only on the terms and conditions expressed herein, modifying or additive terms and conditions on the customer's purchase order notwithstanding.
  3. Taxes - The amount or amounts of taxes or other governmental charges upon production, sale and/or shipments of the goods sold hereunder, now imposed by any government authority or hereafter becoming effective, shall be paid by the purchaser.
  4. ERRORS IN PRICE - Prices quoted shall be subject to correction for errors.
  5. CANCELLATION - Orders accepted shall not be subject to cancellation except on terms that shall protect the Corporation from loss.
  6. RETURN OF MATERIALS - Materials may be returned for credit only after authorization has been obtained from the Corporation, and shall be subject to handling charges to be determined by the Corporation. Materials that are manufactured to special order are shipped without privilege of return.
  7. SHIPMENTS AND DELIVERY - Shipping dates are approximate and based upon prompt receipt of all necessary information by the Corporation. The Corporation shall not be liable for delays in manufacture or delivery of its products. While every effort will be made to ship products on time, the Corporation assumes no liability for loss, damage, or consequential damages due to delays. All goods are shipped at the purchaser's risk. While every reasonable precaution is taken in packing, the Corporation is NOT RESPONSIBLE for goods damaged or lost in transit. Claims to recover such loss must be filed with the carrier by the purchaser.
  8. CONDITIONS OF CREDIT - The credit terms are payment in full within (30) days from invoice date. Any unpaid balances after said period shall be subject to a finance charge. In consideration of the agreement of TEI to extend credit to Applicant, Applicant, by its duly authorized officer, partner or owner, agrees that Applicant will pay interest at the rate of 1 1/2 % per month and also agrees to pay all court cost and attorney’s fees shall be greater of (a) the number of hours worked by the attorney’s times a reasonable hourly fee of (b) an amount equal to the percentage contingent fee which TEI has agreed to pay its attorney’s fees for collection of amounts due and owing in cases of this kind, a copy of which contingent fee agreement is on file in the main offices of TEI and is available upon request. No part of this agreement may be waived or modified except by written document duly signed by an authorized officer or owner or both creditor and customer.