(1) Seller (Jet-Tek, LLC) Warrants to Buyer that for a period of 30 days following the shipment of products to Buyer, the Products will be free from defects in material and workmanship and will function in substantial compliance with the manufacturer’s written specifications thereof. Buyer’s exclusive remedy shall, in case, be limited, at the Seller’s election, to: A) Repair or replacement of the defective products: B) Refund of the purchase price thereof : C) Crediting of the same against future purchases by Buyer. THE FOREGOING WARRANTY IS THE ONLY WARRANTY MADE BY SELLER WITH RESPECT TO THE PRODUCTS. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND BY THE SELLER, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONDITION OR PERFORMANCE OF THE PRODUCTS, INCLUDING BUT NOT LIMITED TO THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(2) In no event will seller be liable for any lost profits or any other incidental or consequential Damages whatever, whether or not seller has been advised of the possibility of the same.
(3) ALL PRODUCTS SHALL BE DEEMED AND PRESUMED TO BE ACCEPTABLE TO BUYER AND IN FULL COMPLIANCE WITH THE WARRANTIES MADE HEREIN UNLESS, WITHIN 30 DAYS FROM THE DATE OF SHIPPING, BUYER SHALL HAVE NOTIFIED SELLER IN WRITING TO THE CONTRARY. ANY CLAIMS FOR SHORTAGE OR IN TRANSIT DAMAGE MUST BE MADE TO SELLER IN WRITING WITHIN 10 DAYS FROM THE DATE OF INVOICE. ALL CLAIMS AND RETURNS MUST, MOREOVER, BE SUBMITTED TO SELLER’S FACILITY USING THE INVOICE. ALL RETURNS MUST BE AUTHORIZED IN ADVANCE BY SELLER OR ON SELLER’S STANDARD RETURN AUTHORIZATION FORM.
(4) All products shall be shipped F.O.B. Seller’s facility and shall, except for any claim or lien, Seller returns for non-payment or other breach of terms, become the property of Buyer upon delivery to the carrier. Buyer shall assume all risk and liability for loss, damage or destruction after delivery to carrier.
(5) Title to the Products shall pass to Buyer upon delivery to the carrier. Buyer agrees, however, that Seller shall retain a purchase money security interest in all Products and to proceeds thereof, until the purchase price and other charges due to Seller shall have been paid in full. Buyer agrees to execute any financing statement or other documents as Seller may request in order to perfect Seller’s security interest. Upon any default by Buyer hereunder, Seller shall have all rights and remedies of a secured party under the Florida Commercial Code, which rights and remedies shall be cumulative and not exclusive.
(6) Seller makes no representation concerning patents, trademarks, tradenames or service marks (collectively “Patents”) of any of its Products. Seller’s obligation for Patent infringement is expressly limited to any indemnification, which Seller’s vendor of the Products has agreed in writing to provide (or by operation of law has been deemed to provide) to Seller.
(7) Buyer shall be responsible for all reasonable costs and expenses incurred by Seller in the Collection of any sums owing by Buyer or in Seller’s enforcement of any provision of this Agreement and Seller shall not be obligated to make any further deliveries to Buyer. Such reasonable costs and expenses shall include, but not be limited to, reasonable attorney’s fees.
(8) Seller shall not be liable for any failure or delay in the performance of order or contracts or in The delivery or shipment of Products or for any damages suffered by Buyer by reason of such failure or delay, when such failure or delay is, directly or indirectly, caused by, or in any manner arises from fires, floods, accidents, riots, acts of God, war, governmental interference of embargoes, strikes, labor difficulties, shortage of labor, fuel, power, material or supplies, transportation delays, delays in deliveries by Seller’s vendors or any other cause or causes(whether or not similar in nature to any of those herein specified) beyond Seller’s control.
(9) Buyer shall pay to Seller a Cancellation fee of 75% of the total Purchase Order value to cancel any and all orders involving production runs at factory. Buyer shall pay to Seller a 75% cancellation fee to cancel any order on parts quoted as “In stock” at the time of PO placement. Buyer shall pay to Seller a restocking fee of 75% on all orders.
(10) ENFORCEMENT OF THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. ANY COURT ACTION OR PROCEEDING OF ANY NATURE WHATSOEVER, IN LAW OR EQUITY, FOR DAMAGE OTHERWISE, RELATED THERETO SHALL BE INSTITUTED ONLY IN THE COURTS BY THE COUNTY OF PINELLAS IN THE STATE OF FLORIDA AND ONLY SUCH COURTS SHALL HAVE JURISDICTION OF ANY ACTION OR PROCEEDING. BY ACCEPTANCE OF THE PRODUCTS, BUYER IRREVOCABLY CONSENTS TO THE PERSONAL JURISDICTION OF SUCH COURTS IN CONNECTION WITH ANY SUCH ACTION OR PROCEEDING.
(11) The Invoice and these TERMS AND CONDITIONS shall constitute the Agreement between Seller and Buyer. If the terms and conditions of this Agreement differ in any way from the terms and conditions of Buyer’s purchase order or any other document submitted by Buyer, this agreement will be construed as a “counteroffer” and will not be deemed an acceptance of Buyer’s terms and conditions which conflict herewith. Buyer’s acceptance of the products shall be conclusive presumption that Buyer has accepted all of the terms and conditions of the Agreement. No addition to or modification of any of these terms will be effective unless made in writing and signed by Seller and Buyer
TERMS AND CONDITIONS FOR PURCHASE ORDERS
(1) Jet-Tek, LLC (JT) Terms and Conditions of Purchase are incorporated by reference herein and shall govern the execution of all Purchase Orders (PO) hereunder. Any vendor terms and conditions hereto shall be considered null and void.
(2) Cost is NOT TO EXCEED total dollar amount listed on this purchase order without prior, written authorization from JT. Unit pricing, part number(s) and specifics have been verified at the time this purchase order was placed.
(3) Vendor must provide written acknowledgement of receipt of this PO confirming items, required date codes if applicable, traceability of product, pricing, delivery dates and terms within two (2) days of PO being issued. (Authorized signature on JT PO is acceptable) Failure to reply will be interrupted as acceptance of all terms and conditions as stated. Furthermore, JT has the right to cancel this PO at any time.
(4) No substitutions or changes are allowed for any item without written authorization from JT accompanied by a revised or new PO.
(5) Supplier must notify JT of Non conforming product.and obtain Jet-Tek approval for non conforming product disposition. Vendor must notify Jet-Tek of any changes in product and/or process definition, changes of suppliers, change of manufacturing facility location and, where required, obtain organization approval. Supplier must flow down to the supply chain all applicable Jet-Tek purchase order requirements including customer (end user) requirements noted on JT PO.
Supplier must provide a certificate of conformity, test reports, an or airworthiness certificate for all parts purchased.
(6) For any items not received by the required delivery date, JT has the right to cancel the PO in whole or in part as JT sees fit without penalty.
(7) Acceptance of items is subject to a holding period of twenty (20) business days for JT quality assurance checking.
(8) Shipping terms are indicated on PO. JT will not pay for unauthorized shipping charges.
(9) Supplier warrants material is mercury free and has been stored in a mercury free environment.
(10) Supplier agrees to maintain records of all product sold to Jet-Tek for a minimum of seven years.
(11) JT reserves the right of access to vendors facilities by company personnel, customer (end user) personnel, and /or regulatory officials to the applicable areas of all facilities, at any level of the supply change, involved in the order and to all applicable records.
(12) Supplier is aware of its importance in contribution to product conformity and product safety. JT expects suppliers to act with highest ethical standards.