TERMS & CONDITIONS OF SALE Purchaser's acceptance of goods and/or services shall constitute acceptance of these terms and conditions. Terms or provisions of purchaser's order that are inconsistent with or in addition to H-B's Terms and Conditions of Sale shall not be binding unless accepted in writing by H-B Instrument. H-B Instrument Company's failure to object to any provision contained in a communication from purchaser shall not be a waiver of these terms and conditions. Should any terms or conditions of sale be declared by an arbitrator, or court or other body having jurisdiction, to be invalid or unenforceable, the remaining terms and provisions shall remain in full force and effect. The laws of the state of Pennsylvania, U.S.A. shall govern this transaction.
DELIVERY AND RISK OF LOSS Domestic delivery shall be F.O.B. origin (Collegeville, PA). Title and risk of loss shall pass to purchaser when products are delivered to carrier unless otherwise agreed to in writing by H-B Instrument Company. Unless otherwise requested by purchase, H-B Instrument Company shall prepay and invoice purchaser for freight and shipping/handling and insurance costs. In addition, hazardous shipping fees and hazardous documentation preparation fees will be added for shipment of any products containing mercury. International orders shall be FOB factory/EX works (Collegeville, PA). For international shipments, additional freight and insurance charges may be required. No order is assignable without H-B Instrument Company's prior written approval.
PAYMENT
100% of the invoiced amount is due in U.S. Dollars within 30 days from date of invoice of approved credit, unless otherwise stated in writing by H-B Instrument Company. Late payments are subject to 2% interest per month on the unpaid balance. Pricing is subject to change without notice. We are not liable for pricing from other sources - publications, web sites, etc. that may be different from our published pricing. Prices exclude any tax or duty now or hereafter imposed upon the production, storage, sale, transportation, or use of the products. For domestic customers without approved credit, payment is required by credit card or bank transfer in advance of shipment. Credit cards accepted are VISA, MASTERCARD and American Express. All bank fees are paid by customer.
INTERNATIONAL SALES
The following payment terms may be required: cash in advance - payment may be by wire transfer to H-B Instrument Company or credit card. Payment must include estimated shipping and transportation services charges, unless shipped freight collect. Overpayment of such charges shall be refunded. Hazardous shipping fees, if applicable, must be paid before shipment.
ORDER CANCELLATION Orders may not be cancelled or rescheduled without H-B Instrument Company's written consent and are subject to cancellation or reschedule charges determined by H-B Instrument Company.
EXPORT REQUIREMENTS The sale of H-B Instrument Company products is subject to and contingent upon compliance with U.S. Export Administration Regulations, International shipments are contingent upon approval of export licenses required by the United States government. The use, sale, re-export, delivery or retransfer, directly or indirectly, of the items described herein, to any activities contrary to U.S. Export Administration Regulations is strictly prohibited.
EXCUSABLE DELAYS H-B Instrument Company shall not be liable for non-delivery or delay in performance when such delay is directly or indirectly caused by, or in any manner arises from, delay or failure to deliver by H-B Instrument Company or its suppliers, fires, floods, accidents, riots, war, nuclear disasters, governmental interference or embargos, strikes or shortage of labor, or other causes (whether or not similar to those specified) beyond its control. Delivery shall be deemed suspended so long as such causes delay performance. H-B Instrument Company agrees to make, and purchaser will accept, deliveries at a reasonable time after remedy of such causes. Quoted weeks ARO (after receipt of order) are approximate.
DESIGN CHANGES
H-B Instrument Company and its suppliers reserve the right to make product design improvements or specification enhancements at anytime without notice.
LIMITED WARRANTY & LIMITATION OF LIABILITY
Each H-B Instrument Company product is warranted to be free from defects in material and workmanship under normal use and service for five years from date of purchase. Product repairs including labor are warranted for 90 days. This warranty extends only to the original purchaser or end-user customer of an H-B Instrument Company authorized reseller, and does not apply to fuses, disposable batteries or to any product which, in H-B Instrument Company’s opinion has been misused, altered, neglected or damaged by accident or abnormal conditions of operation or handling. H-B Instrument Company authorized distributors shall have no authority to extend a greater or different warranty on behalf of H-B Instrument Company. Warranty support is available if product is purchased through an H-B Instrument Company authorized sales outlet. H-B Instrument Company reserves the right to invoice purchaser for importation costs of repair/replacements parts when product purchased in one country is submitted for repair in another country. H-B Instrument Company’s warranty obligation is limited, at H-B Instrument Company’s option to refund of the purchase price, free of charge repair, or replacement of a defective product returned within the warranty period. To obtain warranty service, contact H-B Instrument Company with a description of the difficulty. H-B Instrument Company assumes no risk for damage in transit. Shipments of broken products containing mercury will NOT be accepted and returned to customer at customers’ expense. Following warranty repair, the product will be returned to purchaser, transportation prepaid (FOB Destination) to addresses within the United States only. ALL TRANSPORTATION COSTS TO DESTINATION OUTSIDE THE UNITED STATES ARE THE RESPONSIBILITY OF THE PURCHASER. If H-B Instrument Company determines that the failure was caused by misuse, alteration, accident or abnormal condition of operation or handling, H-B Instrument will provide an estimate of repair costs and obtain authorization before commencing the work. This warranty is purchaser’s sole and exclusive remedy and is made in lieu of all other warranties, express or implied, including but not limited to any implied warranty of fitness for a particular purpose. H-B Instrument Company shall not be liable for any special, indirect, incidental or consequential damages or losses, whether arising from breach of warranty or based on contract, tort, reliance or any other theory.
