Terms and Condition of Sales

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1. GENERAL:  All sales of products described on Gtek Automation Invoices are subject to the following terms and conditions and become part of the agreement of sale. Any alterations to be accepted only in writing by Gtek Automation, a division of Pacific Air Engineering, Inc.

2. RESPONSIBILITY:  The purchaser and users, alone, shall determine the suitability and fitness of the product or system for his intended use and assumes all risk and liability in connection therewith. The foregoing may not be altered except by written agreement signed by a duly authorized officer of Gtek Automation. Gtek Automation shall not be liable for any consequential injuries or damages or for the claims for labor loss or profit, repairs, or transportation of other expense incidental to replacement of the material and/or products sold as a component or incorporated into a system of the own design and sold as such a system for specific applications.

3. TITLE TO GOODS:  Passes to buyer at the time of shipment. Buyer assumes all risk of damage to, loss, or destruction of said goods. No loss, injury or destruction of said goods shall release buyer from the terms of this agreement.

4. TAXES:  Invoiced amount for equipment or services do not include sales tax. Applicable taxes are always billed as separate item.

5. F.O.B.:  All prices F.O.B. point of manufacturer of components sold by Gtek Automation, unless otherwise specified. All orders shipped from our Headquarters location may include up to a $2.00 shipping and handling charge.

6. TERMS OF PAYMENT:  Standard Terms are Net Thirty (30) Days from the Date of Invoice. Any invoice not paid or partially paid will be subject to a charge equal to 1 ½% per month on all past due amounts commencing thirty-one (31) days after the invoice date. Buyer agrees to pay all cost of collection, including reasonable attorney’s fees in the event that the seller takes action to recover payment of the unpaid amount of the invoice.

7. BLANKET ORDERS: Customer’s may place Blanket Orders in order to take advantage of quantity discounts. However, Blanket Orders Must be Scheduled and Shipped within a Period of One Year from the Date of the Purchase Order to Qualify for the Quantity Discount. If the number of units shipped in one year does not equal the number ordered, the customer will be Re-Invoiced for the difference between the discount price per unit on the Blanket Order and the discount price per unit for the number of units actually shipped.

8. DELIVERIES:  Quotations of shipping dates are based on best information available for our suppliers. Gtek Automation shall not be held liable for any damage, consequential or otherwise, arising from any delay or late delivery beyond our control or control of our suppliers.

9. TERMINATION:  Accepted quotations and/or orders, verbal or written, are not cancellable without seller’s prior written permission and with the buyer agreeing to assume a stated amount of termination charges.

10. SPECIAL PRODUCTS OR COMPONENTS:  All orders for non-stocked special products or components will not be considered for cancellation or return. A 50% deposit “MAY” be required upon order placement.

11. NO WARRANTIES OF ANY TYPE OR KIND:  All sales of products described on Gtek Automation Invoices do not come with any warranty. The warranty of merchantability and/or fitness for a particular purpose are specifically excluded. The purchaser assumes all risk of use, if any there is. Further, the sales price represents the maximum liability in connection with the sale or use, including but not limited to, any loss, losses of any type or nature to person or property.

12. RETURN GOODS:  All materials claimed to be defective shall be held subject to inspection by the seller. Claims for shortage must be presented within fifteen (15) days after receipt of goods or they will not be allowed. No returns for credit will be allowed without seller’s prior permission. Credit will be subject to a 25% deduction for handling, inspection and expense incurred in restoring goods to saleable condition. All shipping charges are to be prepaid.

13. PRICES:  Subject to change without notice.

14. MINIMUM BILLING:  Orders for less than $25.00 net will be billed $25.00.

15. DESIGN: Gtek Automation, reserves the right to change design, specification, or materials without notice, due to a research and development program of continuous product improvement and reserves all rights to label products covered hereunder with appropriate directions or warnings as may be required in its opinion.

16. ERRORS:  Seller reserves the right to correct clerical or stenographic errors, omissions, and technical data on product specification literature.