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Conditions of Sale
- These terms and conditions of sale shall control on all sales, including all direct shipment sales arranged by or through Archtech Electronics Corporation whether or not materials are delivered by or through Archtech Electronics Corporation and sales billed to separate job accounts.
- Archtech Electronics Corporation hereby sells to purchaser and purchaser hereby purchases all items, subject to the terms set forth herein below. All orders are based on the quotation and, if placed within 30 (thirty) days from date of quotation, and accepted by Archtech Electronics Corporation, will be billed at the prices quoted. All prices are FOB shipping point unless otherwise specified in writing by an agent of Archtech Electronics Corporation. The prices quoted are subject to additional Federal, State, or Local taxes.
- On all orders placed for stock, out of stock and special order materials, where the delivery date is delayed due to a manufacturer's shipping error, or any other error, purchaser agrees to hold Archtech Electronics Corporation harmless for any delay and agrees to make payment in full for said goods.
- All materials delivered must be examined and inspected by the purchaser upon receipt. For all materials examined and inspected upon receipt any claim of shortage and/or damage must be made at time of delivery. Where purchaser and/or his agent cannot examine and inspect material upon receipt, any and all claims must be made within 3 (three) working days of delivery. Any claims made after the prescribed time period shall be honored as determined by Archtech Electronics Corporation
- Stocked and non-stocked items, which are defective, may not be returned without prior authorization for credit or replacement. Credit for properly returned stock items will be given when material is received. Non-stock items cannot be returned without a restock fee. Restocking charges imposed by the manufacturer will be charged to the customer. Credit for properly returned non-stock items shall be given when Archtech Electronics Corporation receives credit from the manufacturer. Material ordered by Archtech Electronics Corporation incorrectly and/or shipped incorrectly by the manufacturer and returned to Archtech Electronics Corporation will not be subject to restocking charge. All returns must be accompanied with the original invoice number of purchase for reference. Archtech Electronics Corporation must be furnished with the reason for return of any item.
- Purchaser agrees that his/her sole remedy available for any default arising out of the sale and/or use of any and all materials purchased shall be the return of said materials purchased for a full refund. Purchaser acknowledges that no suit will be brought against, or shall include, Archtech Electronics Corporation where either consequential or incidental damages are sought.
- At the election of Archtech Electronics Corporation any claim or controversy shall be settled by either binding arbitration or by any court of competent jurisdiction located for New Jersey customers in Middlesex County.
- On all matters referred by Archtech Electronics Corporation to their attorneys for collection and as to any disputes arising herein, purchaser agrees to pay 33 1/3% of the principal amount due for attorney's fees, plus costs, and expert witness fees.
- Purchaser agrees that Archtech Electronics Corporation shall not be responsible for any manufacturer's shipping defect. Purchaser further agrees to hold Archtech Electronics Corporation harmless for any manufacturer's shipping defect or any injury to person(s) due to said defects.
- Archtech Electronics Corporation makes NO WARRANTIES express or implied, including without limitation, WARRANTIES AS TO MERCHANTABILITY, OR AS TO FITNESS FOR A PARTICULAR USE OR PURPOSE, and as such shall not be liable for any loss or damage directly or indirectly arising from the use of such materials. Further, all MATERIALS DELIVERED ARE DELIVERED "AS IS" AND "WITH ALL FAULTS." Any contradictory statement made by an employee of the Archtech Electronics Corporation shall have no effect or bearing, and the terms contained herein shall control.
- Title for all goods and/or materials remains with Archtech Electronics Corporation until paid for in full by the purchaser. Should purchaser take action under Title 11 of the United States Code, or take any other action to avoid making payment in full, purchaser agrees to promptly return any materials not paid for in full. Purchaser agrees to keep the materials fully insured until paid for in full.
- The risk of loss of any goods and/or materials shall pass to the purchaser as soon as the said goods and/or materials are delivered to the purchaser at its place of business or any other place designated by the purchaser for delivery.
- Purchaser agrees that any unpaid balance 30 (thirty) days past due from statement date shall be charged 2% per month interest (24% per annum). Terms of sale are 10th prox n/25th.
- Purchaser represents and warrants that the information provided herein is true and complete. Further, purchaser authorizes Archtech Electronics Corporation to make all inquiries it deems necessary to verify the information provided above, including credit report information, with regard to each and every person or entity that is a party to this transaction and the principals of the entity applying for credit.
- Purchaser agrees that the materials sold on account constitute a single interdependent contract.
- Purchaser waives his/her/its homestead exemption as well as all requirements or rights with regard to notice, demand, presentation or protest and, further appoint any attorney at law to appear in any court of record, for the purpose of confessing judgment in any court of competent jurisdiction in favor of Archtech Electronics Corporation for the unpaid balance on purchaser's account, including interest, costs and attorney's fees in the amount of thirty-three and one-third percent (33 1/3%) of the principal amount due, and further consents to immediate execution of said judgment.
- Please be advised, all RMAs are valid within thirty (30) days of the purchase. If, for any reason, you need to return product to us, we encourage you to send it back as soon as possible. This will allow us to ensure more accurately whatever replacement or credit to which you are entitled. If after thirty (30) days from when the RMA was issued, you wish to return merchandise, the RMA will have expired and there will be a mandatory 15% restocking fee. You must call us for a new RMA number after the thirty (30) have expired. This is non-negotiable, and appears on our invoices. If the product you return is custom made, we will only issue an RMA for repair and re-ship. If you have any questions, please contact us at (800) 288-1688 or (732) 355-1288. Thank you for your cooperation on this matter.
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