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TERMS AND CONDITIONS OF SALE
The following are the terms and conditions ("Terms and Conditions") for the sale of products ("Products") by Maury Microwave Corp. ("Maury") to Maury's customers ("Customers"). Please read this agreement carefully. By placing an order for products from the company, or by accepting delivery of the products described on the applicable packing slip, bill of lading and/or invoice received with the products, you agree to be bound by and accept these terms and conditions of sale.
1. ACCEPTANCE AND CANCELLATION OF ORDERS
All orders are subject to acceptance by Maury. Orders accepted and processed by Maury may not be cancelled by Customer except as covered by the Limited Warranty, all sales are final. Customer requests to reschedule are subject to acceptance by Maury in its sole discretion.
Orders are billed at the prices (in US dollars) in effect at the time of order. Prices shown on the website are subject to change without notice. Prices are exclusive of taxes, impositions and other charges,including: sales, use, excise, value added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent's and broker's fees, bank fees, consular fees, document fees and import duties.
3. TERMS OF PAYMENT
All payments must be in US Dollars, or will be converted to US Dollars using the available exchange rate at the time of purchase.
Credit cards accepted are MasterCard, VISA, and American Express.
4. SALES TAX
Taxes will be charged to California residents unles a California resale permit number is provided. Maury does not remit sales tax to states other than California. Any sales tax due that is not collected by Maury is the responsibility of the customer.
5. DELIVERY AND TITLE
Shipping or freight charges and insurance will be paid by the customer. All sales are made FOB Shipping Point (as defined by the INCOTERMS 2000) in Ontario CA USA. Shipping or freight charges from Maury's Ontario, CA facility are prepaid and added to the invoice, or billed to customer's courier account. Subject to Maury's right of stoppage in transit, delivery of the Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer. Maury will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer's requested delivery date(s). Customer acknowledges that delivery dates provided by Maury are estimates only and that Maury will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by Maury unless specifically designated by Customer. Customer will be contacted to authorize partial shipments in the event that full quantities are not available.
6. LIMITED WARRANTY
We warrant each component of our manufacture to be free from defects in material and workmanship. Our obligation under this warranty is limited to servicing or adjusting any component returned to our factory for that purpose, and to making good at our factory any part or parts thereof. This warranty period is limited to one year from date of shipment to the original purchaser, and to equipment which is returned to us with transportation charges prepaid and which, upon our examination, shall disclose to our satisfaction to have been defective. This warranty does not cover wear from normal usage nor subsequent damage after shipment. We reserve the right to make changes in design at any time without incurring any obligation to install such changes on units previously sold by us. This constitutes the only warranty extended by us, and is in lieu of any other obligations or liabilities on our part in connection with the sale of our equipment.
7. LIMITATION OF LIABILITIES
In no event shall Maury be liable for any special, incidental or consequential damages of any nature including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installations or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Customer's recovery from Maury for any claim shall not exceed the purchase price paid by Customer for the goods, irrespective of the nature of the claim, whether in warrant, contract or otherwise. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD Maury HARMLESS FROM ANY CLAIMS brought by any party regarding products supplied by Maury and incorporated into the customer's product.
8. STATEMENTS AND ADVICE
If statements or advice, technical or otherwise, are offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge and Maury shall have no responsibility or liability for the content or use of such statements or advice.
9. EXPORT CONTROL
Products purchased or received under these Terms and Conditions are subject to export control laws, restrictions, regulations and orders of the United States. Customer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country.
The Terms and Conditions may not be modified or cancelled without Maury's written agreement. Accordingly goods furnished and services rendered by Maury are sold only on the terms and conditions stated herein. The Terms and Conditions will be governed by and construed in accordance with the laws of the State of California and the applicable laws of the United States of America. If Customer chooses to access the Maury website from outside the United States, Customer does so on their own initiative and is responsible for compliance with all applicable local laws.