Product Info

These terms and conditions govern the sale of all products, parts and components (?Products?) and the provision of all services (?Services?) by JSF
Technologies, Inc. (?Seller?) to any purchaser of Products (?Buyer?). These terms and conditions (?Agreement?) take precedence over any
additional, supplemental or conflicting terms and conditions asserted by the Buyer or otherwise, to which notice of objection is hereby given.
Neither Seller?s commencement of performance or delivery shall be deemed or constituted as acceptance of Buyer?s supplemental or conflicting
terms and conditions. Buyer?s submission to Seller of an order for Products or acceptance of the Products from Seller shall be deemed to
constitute confirmation and acceptance of the terms and conditions contained herein. THESE TERMS AND CONDITIONS MAY ONLY BE WAIVED
OR MODIFIED IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF SELLER.
1. Orders
All orders placed by Buyer are subject to acceptance by Seller. All orders must include a complete description of Products being purchased,
quantities required and an approximate date materials are required by. Orders may not be canceled or altered without Seller?s written consent.
Seller may in its sole discretion allocate Product among its Customers. Seller may designate certain orders as non-cancelable and certain Product
as non-returnable (?NCNR?). All orders containing custom terms shall be NCNR.
2. Prices, Pricing Terms and Payment
The prices and pricing terms for all Product sold by Seller are subject to any additional terms and conditions that may be set out on the Seller?s
Price List, which the Seller may amend from time to time. Full payment is due promptly upon placing an order unless credit has been
pre-approved by the Seller. All credit terms are subject to Seller?s credit policies then in effect.
3. Delivery and Title
Delivery of Products from Seller to Buyer shall take place at the factory or warehouse location specified by Seller to the carrier who will transport
the Products to Buyer (the ?Delivery Point?), and shall be deemed to have occurred when the Products are loaded on to the carrier?s truck, trailer,
train car or other mode of transport. Selection of the carrier and delivery route shall be made by Seller unless specified by Buyer. If the carrier is
selected and hired by Seller, (1) Buyer will reimburse Seller for all transportation costs paid by Seller and (2) the Seller reserves the right to charge
the Buyer for reasonable storage fees incurred if the goods are not picked up by the Buyer?s carrier within 72 hours of the mutually agreed on
shipping date. Regardless of whether the carrier is selected and hired by Seller or Buyer, the carrier shall be Buyer?s agent and delivery of the
Product to the carrier shall constitute delivery to Buyer and title and risk of loss shall pass to Buyer upon delivery to carrier at the Delivery Point.
Notwithstanding, Seller reserves all rights to disposal of goods and stoppage in transit. Buyer is responsible at its cost to insure all Products from
and after delivery of the Products at the Delivery Point. Buyer acknowledges that lead times and delivery dates provided by Seller are estimates
only. Seller reserves the right to ship before the delivery date if Product is available to ship. Seller shall not be liable for delays in delivery or for
failure to perform due to causes beyond the reasonable control of Seller. In the event of delay caused by such event, the date of delivery shall be
extended for a period equal to the time lost as a consequence of the delay in delivery without subjecting Seller to any liability or penalty. If Product
is damaged, lost or stolen while in the custody of the carrier, the Seller shall be deemed to have performed its obligations in full. Delivery of a
quantity, which varies from the quantity specified, shall not relieve Buyer of the obligation to accept delivery and pay for the Products delivered.
Delay in delivery of one installment shall not entitle Buyer to cancel other installments. Seller reserves the right to discontinue Products without
notice. If a Product is no longer in Seller?s inventory, Seller reserves the right to cancel customer orders related to such Product.
4. Acceptance/Returns
Shipments will be deemed to have been accepted by Buyer upon delivery of the said shipments to Buyer or Buyer?s agent unless rejected in
accordance with this paragraph. Buyer shall perform whatever inspection or tests Buyer deems necessary as promptly as possible but in no event
later than five (5) days after delivery, after which time Buyer will be deemed to have irrevocably accepted the Products. Any discrepancy in
shipment quantity must be reported within five (5) working days of receipt of the Products. In the event of an over shipment, Buyer shall have the
option to return the excess Products to Seller at Seller?s expense or to retain the excess Products (subject to adjustment of the invoice) and shall
notify Seller of Buyer?s election within five (5) working days after receipt of the Products, failing which Buyer will be deemed to have elected to
retain and pay for the excess Products. Any Product returns shall be subject to compliance with Seller?s return merchandise authorization (?RMA?)
policies and procedures as well as a restocking charge equivalent to 50% of the value of such Product as specified in Seller?s invoice to Buyer,
provided that the restocking charge will not apply to returned excess Products. Returned Products must be in the original packaging and conform
to minimum package quantity (?MPQ?) requirements. Products not eligible for return shall be returned to Buyer freight collect.5. Product Warranty
The Seller offers a limited warranty against defects in material and workmanship on its JSF Technologies? branded Products (?Limited Warranty?).
The Limited Warranty may vary for different Products. Information on the applicable Limited Warranty terms for the Product you have purchased is
included in your product instruction manual, and can be obtained directly from JSFT or by contacting your JSF Technologies representative. The
Seller expressly excludes and disclaims any and all other representations, warranties, conditions and guarantees, whether express, implied or
imposed by statute, with the exception of the Limited Warranty. Further exclusions and limitations are set out in the Limited Warranty terms.
Products that are sold by the Seller and are not JSF Technologies branded (?Third Party Products?) are sold AS IS by the Seller, but may be
accompanied by their manufacturers? standard warranties. Third Party Products are sold by Seller as is, where is, and with all faults, and without
express or implied warranties from Seller. The Buyer acknowledges that it has reviewed Seller?s Limited Warranty terms and accepts their terms
and conditions, including all limitations, exclusions, and disclaimers.
TERMS OF SALE
www.JSFTech.com
1.800.990.2454
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