R2015-99 ACCEPTING THE BID MCCROMETER, INC.

Home Browse Search

ACROMETER Quotation Quote Number:142528 RevO ...continued from previous page Codes:002/028/029 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Copyright©2013 McCrometer,Inc.All printed material should not be changed or altered without permission of McCrometer.Any published technical data,instructions and Terms And Conditions are subject to change without notice.Contact your McCrometer representative for current content. McCrometer,Inc.3255 WEST STETSON AVENUE•HEMET,CALIFORNIA 92545 USA TEL:951-652-6811 •800-220-2279•FAX:951-652- 3078 Printed In The U.S.A.1 Lit.30121-17 Rev.1.0/06-13 MICROMETER,INC.'S STANDARD TERMS AND CONDITIONS OF SALE SECTION 1:THE CONTRACT The Contract shall be comprised of the following terms,together with such terms and conditions set forth in McCrometer's written proposal or quotation(the"Quotation"),including any documents,drawing or specifications incorporated by reference,and any additional or different terms proposed in Buyers purchase order(the"Purchase Order")that are accepted by McCrometer in writing,which together shall constitute the entire agreement between the parties and supersede all previous communications, representations or agreements,either oral or written,with respect to the subject matter hereof. ANY PREPRINTED TERMS AND/OR CONDITIONS ON BUYER'S PURCHASE ORDER OR INVOICE SHALL NOT APPLY AND MCCROMETER GIVES NOTICE OF OBJECTION OF SUCH TERMS AND/OR CONDITIONS IN THEIR ENTIRETY. An offer by McCrometer in its Quotation that does not stipulate an acceptance date is not binding. This Contract shall be deemed to have been entered into upon written acknowledgement of the Purchase Order by an officer or authorized representative of the party to be bound. In the event of a conflict or inconsistency between the provisions of these standard terms and conditions,on the one hand,and specific provisions of Purchase Orders which are accepted by McCrometer in writing,on the other hand,the provisions of these terms and conditions shall govern the resolution of any such conflict or inconsistency,unless expressly agreed to otherwise in writing and signed by McCrometer. No representations or statements of any kind made by any representative of McCrometer,which are not stated herein,shall be binding on McCrometer.No course of dealing or usage of trade or course of performance shall be relevant to explain,supplement,or determine the meaning of any term or provision expressed in these terms and conditions or any Purchase Order. SECTION 2:PRICE Unless requested by Buyer,and included in the Quotation prices or stated in the Purchase Order accepted by McCrometer,prices do not include:packing for storage,freight charges,insurance,taxes (federal,local,or otherwise),customs duties and import/export fees,or any other item not specified in the Quotation,and shall be paid by Buyer.Buyer shall pay any sales,use or other taxes and duties imposed on the transaction or equipment.Prices are subject to change pursuant to Sections 6&7 below. The terms of any Purchase Order and pricing information disclosed to Buyer shall remain confidential and shall not be disclosed to any third party without the prior written consent of authorized officer or representative of McCrometer(see Sections 5&11 for details). SECTION 3:PAYMENT TERMS Terms of payment will be determined after a review of Buyer's credit history,unless Buyer already has an account with McCrometer.Payment shall be due within 30 days of the date of McCrometer's invoice in U.S.funds.The parties agree that in the event of any breach of this section,McCrometer's damages suffered would be difficult to calculate.Therefore,at the sole option of McCrometer,Buyer shall be charged a late fee payable upon McCrometer's demand on amounts not paid by Buyer when due, including,without limitation,any and all amounts as to which due dates for payment thereof have been accelerated by McCrometer upon Buyer's default,or for any other reason,which shall be equivalent Copyright©2013 McCrometer, Inc.All printed material should not be changed or altered without permission of McCrometer.Any published technical data,instructions and Terms And Conditions are subject to change without notice.Contact your McCrometer representative for current content. McCrometer,Inc.3255 WEST STETSON AVENUE•HEMET,CALIFORNIA 92545 USA TEL:951-652-6811 •800-220-2279•FAX:951-652- 3078 Printed In The U.S.A.2 Lit.30121-17 Rev.1.0/06-13 to the interest rate on any and all such amounts at the lower of:(1)one and one-half percent(1.5%) per month,or(2)the highest rate of interest then permitted by applicable law as liquidated damages and not as a penalty,which is the parties'reasonable estimate of fair compensation for the foreseeable losses that might result from the breach.If payment from Buyer is not received in a reasonable time, other Purchase Orders placed by Buyer shall be subject to hold,and will release McCrometer of any further obligation of performance or timely delivery.Orders that exceed$50,000 U.S.Dollars are subject to 30%down payment;the remaining balance is contingent on credit review.Buyer hereby grants McCrometer a security interest in and to all products,parts,accessories,tools,equipment and materials which may be sold and/or furnished by McCrometer to Buyer,and in all proceeds and products of the foregoing.Buyer authorizes McCrometer to file any financing or continuation statements to perfect such security interest without the signature of Buyer to the extent permitted by applicable law.Such security interest is in addition to any rights McCrometer might have pursuant to applicable Materialmen's Lien, Mechanic's Lien,Construction Lien or comparable statutes. SECTION 4:TITLE,DELIVERY AND INSURANCE Printed on 7/29/2015 2:36:57 PM Page 2 of 6 Continues on next page... *142528* McCrometer, Inc.•3255 West Stetson Avenue, Hemet, CA 92545, USA Tel(951)652-6811 • Fax(951)652-3078•Website: http://www.mccrometer.com