GENERAL This SALES CONTRACT sets forth the Terms and Conditions pursuant to which the Purchaser identified on the front page hereof ("Purchaser") will purchase and TECHNOPACK CORPORATION ("TPK") will sell goods and/or services (hereinafter called "Products"), including those described on the front page of this SALES CONTRACT. These Terms and Conditions shall govern and apply to the sale of the Products or the execution of Services regardless of any terms and conditions appearing on any purchase order or other forms submitted by Purchaser to TPK, or the inconsistency of any terms therein and herein.
PAYMENT: As is specified on the posting. Please do not bid/purchase any item(s) for which you do not intend to pay. All payments for the winning bid must be made within 7 working days. Unpaid items may be forfeited after 7 days and a Non-Payer report may be filed with eBay.
DELIVERY: to a public carrier at the applicable TPK's facilities, consigned as Purchaser directs, shall constitute transfer of the shipment's title, ownership, possession, and property to Purchaser at point of such delivery. Carrier will thereafter be deemed as acting for Purchaser and the shipment will be at Purchaser's risk. IMPORTANT NOTICE TO PURCHASER: Do not accept any package(s) or item(s) until you have thoroughly checked and inspected their contents. You have the right to inspect the item(s) while the shipping company waits for your approval. If you find the item(s) to be damaged or incomplete, clearly note it on the bill of lading, refuse the package(s) or item(s) and return to shipper, and contact us immediatly. By accepting the package(s) or item(s), you accept full responsibility of their condition. Any Damages or missing parts occured during shipping will then become your full responsibility. Damaged or incomplete items will not be covered under any warranty and are non-refundable.
TAXES: A 7% FL sales tax will be charged for items bought by any individual or company residing the state of Florida, or when the ship-to address is located in the state of Florida. In these cases we will also charge any applicable county or city taxes. If the purchaser presents a properly filled Florida Tax Exempt Form they will not be charged taxes. Individuals or companies located outside the state of Florida that have an out-of-state ship-to address, will not be charged taxes.
CANCELLATION: Purchaser shall not countermand or cancel this SALES CONTRACT or cause the work or shipment to be delayed, except with the written consent of, and upon terms agreed to by, Technopack Corporation and with full compensation to Technopack for any loss sustained by reason of any cancellation or delay.
LIMITED PRODUCT WARRANTY: Technopack Corporation warrants all new machines against defects in material and workmanship for a period of three (3) months from the date of purchase stated in the invoice. The Company will repair or replace at no cost, F.O.B Miami, Florida, any part proving defective in materials or workmanship. Defectiveness shall be verified by TPK inspection and at the sole discretion of TPK. Removal and installation expense shall be the responsibility of the Purchaser. TPK is liable solely for the furnishing of the defective part or parts. Technopack Corporation is not liable for consequential damages, such as loss of profit, delays or expenses incurred by failure of said part or parts.Failure due to abuse, improper adjustments or maintenance, exposure to corrosive or abrasive environments or operation in damp conditions does not constitute failure due to materials or workmanship. Modifications or alterations to the equipment without the express written consent of TPK are strictly prohibited. Failure to obtain consent in writing voids any warranty, express or implied, and relieves TPK from any and all liability for said product. TPK is not liable or responsible for repair, service, or installation charges, fees or damages for correcting any defects. TPK will not accept parts returned for credit unless TPK is notified in writing and return or correction is authorized by TPK in writing pursuant to our return policy.
SHOULD COMPONENTS BE TAMPERED WITH BEFORE INSPECTION BY THE COMPANY, ALL WARRANTY CLAIMS ARE HEREBY WAIVED.
During your applicable limited product warranty period, if a covered product is proven to be defective in workmanship or materials, TPK will, at its option: (1) replace or repair the defective component; or (2) replace the product with a comparable product. Replacement parts will be new or serviceably used, comparable in function and performance to the original part or product, and warranted for the longer of fourteen days or the remainder of the warranty period. Replacement products may be refurbished, and are warranted for the longer of fourteen days or the remainder of the applicable limited warranty period. Any additional purchases or upgrades will not extend this limited product warranty. Upon the expiration of the warranty period, TPK's liability under this warranty shall terminate. The foregoing warranty shall constitute the sole liability of the TPK and the exclusive remedy of the customer or user. If we determine that the problem with the product is not covered by the limited product warranty, we will inform you of alternative solutions that may be available to you on a fee-for-service basis. In the event warranty service is provided by us, shipping cost of the item back to us will be Purchaser's responsibility. NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. TPK SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Determination of the suitability of the products described on the face of the and/or invoice is the sole responsibility of the Purchaser and TPK shall have no responsibility in connection therewith.
LIMITATION OF LIABILITY: TPK SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, OR FOR THE COST OF SUBSITUTE GOODS. CONSEQUENTIAL DAMAGES for purpose of this Agreement shall include, without limitation:
Loss of use, income or profit, or losses sustained as a result of the injury (including death) to any person or loss or damage to property, including, without limitation, materials manufactured, processed or packaged by the use of the products.
Damages arising out of or in connection with delays in delivery, TPK's performance, nonperformance or breach of this contract, defects in the equipment, failure of the products to perform properly or non-conformance of the products with specifications or the operation, use, installation, repair or replacement of the products.
PARTS: Parts are generally available from TPK for standard products. Documentation or other support may be provided at TPK's discretion for all products. Replacement parts and parts in new machines may be new or reconditioned.
PRODUCTION ESTIMATES OR PRODUCT AVAILABILITY are not guaranteed, but result from careful analysis of Purchaser's submitted requirements and present reasonably expected output or inventories under normal conditions.
INSTALLATION SERVICE, unless otherwise agreed, is available at standard rates plus transportation and expenses.
ESTIMATED SHIPPING SCHEDULES: Shipping dates are approximate; TPK is not responsible for delays or non-performance due to strikes, fires, embargoes, abnormal manufacturing conditions, or cause beyond TPK's reasonable control. Specification changes requested by Purchaser may extend shipping schedules.
RETURNS: Some unused products may be returned up to 15 calendar days after the invoice date. Contact TPK to ascertain if your product meets the return requirements and to request a Product Return Instruction Form. A fifteen percent (15%) restocking fee may be deducted from any refund or credit. Products without a Return Authorization Number (RAN) cannot be returned. Parts and Consumables cannot be returned. Products must be returned in as-new condition to TPK's facilities in Miami, Florida. Return products must include all original packaging, along with any media, documentation, hardware, tools, parts, manuals and all other items that were included in the original shipment. Any parts sent under warranty must also be included. Products must be shipped pre-paid, and insured. COD deliveries will be refused. Buyer accepts the risk of loss or damage during shipment. Products must be returned thoroughly packaged, in the same new condition as they were originally received. Damaged packaging materials must be replaced with new materials, this includes wooden and/or cardboard boxes or crates. Products sent strapped on pallets must be returned the same way. Note that additional protection may be needed to protect the Product as the original packaging materials may have suffered normal wear during the shipment to Buyer's location and may be insufficient to protect the Product during return shipping. Buyer is responsible and liable for all shipping, insurance, packaging and/or handling charges as well as import/export tariffs and brokerage or storage fees (if applicable). Buyer accepts all responsibility for Products damaged or lost during shipping. TPK reserves the right to refuse any product that upon arrival shows visible packaging damage. TPK will not be responsible for packages shipped to any address other than the one it specifies. Upon receipt of the returned product Technopack Corporation will ascertain the completeness, condition and operational status of the Product. Product must be received in like new condition. If items are missing or repairs have to be made (due to prior usage, improper installation, improper handling, or improper packaging) TPK may, at its sole discretion, replace or perform such repairs it deems necessary to return the Product to a like new condition, including the cost of crating or repackaging the Product. The cost of such items and/or repairs will be deducted from any applicable refund value. TPK will refund the buyer a maximum of up to the value of the returned item as specified on their invoice minus any charges incurred as specified above. Shipping, handling and/or insurance costs are non-refundable.
Any applicable refund will be processed within 15 work days from the receipt of the returned product, in the same form of payment used in the original purchase.
INTERNATIONAL ORDERS: Duties and applicable taxes are not calculated or charged by Technopack Corp. International customers are solely responsible and liable for any shipping costs, as well as duties and/or taxes and fees that may be incurred from the international transit of any part or system.
FORCE MAJEURE: Seller's obligations hereunder are subject to delays incident to labor difficulties, fires, casualties, accidents, acts of the elements, acts of God, acts or war or terror, transportation difficulties, delays by common carrier, inability to obtain equipment, materials or components or qualified labor sufficient to timely perform part or all of this SALES CONTRACT, governmental regulations or other causes beyond the control of seller. In the event of any such delays, seller's performance shall be correspondingly extended, and seller shall keep purchaser fully informed of the effects of such events.
TYPOGRAPHICAL ERRORS: TPK shall not be held responsible for typographical errors.
COMPLETENESS: The terms and conditions stated herein represent an agreement between TPK and Purchaser which, together with the terms, provisions and conditions on any acknowledgement provided to Purchaser by TPK, constitutes the entire agreement, understanding and representations, expressed or implied, between TPK and Purchaser and supersedes all prior communications between the parties, including all oral and written proposals.
SEVERABILITY: The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision contained herein.