excel quote form with terms conditions

CONDITIONS OF SALE FOR CLEARANCE ITEMS
1.
As used here in, the term “order” means the purchase order or other document placing an order for goods, to which the quotation or
acknowledgment relates. The term “goods” means the products, materials, or services which are the subject hereof. The terms hereof are a
part of the contract for the goods and shall prevail in the event of any conflict between these terms and the terms of the order.
2.
All shipment are made f.o.b. carrier at the point shown herein or in accompanying documents. Title and all risks of loss or damage to the goods
will pass to the Purchaser upon delivery to carrier.
3.
Terms of payment are net 30 days on each shipment invoiced, unless otherwise provided in writing. All orders are subject to the approval of
our credit department.
4.
Unless otherwise agreed, we reserve the right to make deliveries of all or part of the goods in advance of the times specified. We agree to use
our best efforts to meet the delivery schedule but we shall not be held liable in the event of delays in delivery or failure to deliver when due to
conditions beyond our control. In such event our time for performance shall be extended for a period equivalent to the time consumed in
eliminating such cause for delay.
5.
Aerotech, Inc warrants its Clearance Item products to be free from harmful defects caused by faulty materials or poor workmanship for a
minimum of one month from date of shipment from Aerotech. Aerotech’s liability is limited to repairing or issuing credit at its option, for any
products, which are returned by the original purchaser during the warranty period. Aerotech makes no warranty that its products are fit for the
use or purpose to which they may be put by the buyer, whether or not Aerotech’s products are specifically designed and/or manufactured for
buyer’s use or purpose. Aerotech’s liability on any claim for loss or damage arising out of the sale, resale or use of any of its products shall in
no event exceed the selling price of the unit.
THE EXPRESS WARRANTY SET FORTH HEREIN IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESSED OR
IMPLIED, BY OPERATION OF LAW OR OTHERWISE. IN NO EVENT SHALL AEROTECH BE LIABLE FOR CONSEQUENTIAL OR
SPECIAL DAMAGES.
Aerotech’s Clearance Items Limited Warranty Policy is incorporated herein by reference.
6.
To the best of our knowledge and belief, the prices and other terms hereof conform to all applicable government regulations. We reserve the
right to modify or withdraw any quotation if any term or provision thereof conflicts with or violates such regulations.
7.
Except where otherwise expressly agreed, all patterns, tools, jigs and fixtures required in the performance of the order, notwithstanding any
charges, therefore, shall be and remain our property and in our possession and control.
8.
All materials or equipment owned or furnished by the Purchaser while in our possession will be carefully handled and stored by us, but we
shall not be responsible for accidental loss thereof or damage thereto.
9.
Cancellation in whole or in part of the order, or changes therein, can be made only with our consent and upon terms that will indemnify us
against loss, and afford us an equitable profit.
10. The Purchaser agrees to pay, or to reimburse us for, any taxes (except Income Tax) levied by any taxing authority upon the goods, or in respect
to the production, manufacture, transportation or sale thereof.
11. If the Purchaser becomes insolvent or is in default under the terms of this or any other agreement between the Purchaser and ourselves, we shall
be entitled at our option to discontinue further performance of all or part of the order in addition to any and all other rights and remedies
provided by law or equity and available to us in such event.
12. Unless otherwise specified all quotations are for immediate acceptance and are subject to prior sale of the goods and to withdrawal without
notice. All orders are subject to acceptance by us in writing at our office at Pittsburgh, PA and no order shall be binding upon us unless so
accepted.
13. We warrant that any goods comprising one of our regular line of products are delivered free from patent infringement when used for normal
purposes. When otherwise used or when goods are manufactured by us to the Purchaser’s designs or specifications, we assume no liability for
actual or alleged patent infringement and the Purchaser in such event shall hold us harmless from any and all claims, suits, damages or
expenses by reason thereof.
14. In the event that the order is a subcontract under a prime Department of Defense contract of the United States Government, the foregoing
conditions are hereby modified to include such portions of the Armed Services Procurement Regulations (as amended at the time of acceptance
of the order) as are applicable hereto.
15. The foregoing constitutes full statement of all terms and conditions of the order. No additions to our modifications of such terms and
conditions shall be binding upon us unless approved in writing by an officer of this company. The acceptance by us of any order shall not
constitute our acceptance of any terms of the order which conflict with these Conditions of Sale. The construction of any order or agreement
relating hereto shall be governed by the laws of the Commonwealth of Pennsylvania.
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