TERMS AND CONDITIONS OF SALE
All quotations and sales by Cylex LLC (“Seller”) to the Buyer identified on the order form, invoice or sales acknowledgement form to which these Terms and Conditions of Sale are referenced (the “Buyer”) are subject to these terms and conditions and the terms set forth on the front of the order form, invoice or sales acknowledgement form to which these Terms and Conditions of Sale are referenced.
Prices are FCA (Incoterms 2010) Seller’s shipping facility; and prices do not include any taxes, freight, handling, duty or other similar charges that will also be charged to Buyer. Freight charges may be constructed on the basis of standard carrier tariffs and may not reflect actual transportation costs.
Prices are subject to change by Seller upon Buyer rescheduling or reconfiguration of orders. Prices are also subject to change in response to Buyer canceling any undelivered portion of any affected order, even with Seller’s prior written authorization.
No offer to purchase (“order”) shall be binding upon Seller until the order has been accepted by Seller in a formal order acknowledgment. Upon acceptance by Seller, the offer shall be deemed an “Agreement.” Acknowledgment of receipt shall not be deemed acceptance of the order. All orders must be consistent with established lead times.
Terms of payment are net thirty (30) days(to approved credit) from invoice date; We accept all Major Credit Cards. If payments are not made in accordance with these terms, without prejudice to any rights of Cylex LLC including the right to immediate payment, a service charge will be added to the account of purchaser in an amount equal to the lesser of 1-1/2%: per month or fraction thereof or the highest rate permitted by law on the unpaid balance. To obtain credit you must provide the following current credit information: 1) one bank reference including account number, branch and telephone number, 2) three current trade references including addresses and telephone numbers. In the event of credit refusal, orders will require (at the discretion of Cylex LLC) payment in advance or cash on delivery, or via credit card transaction.Failure to provide required information or cash in advance will delay order processing and shipment.The seller reserves the right to modify terms prior to shipment, require payment in advance, or delay or cancel any shipment or order by reason of Buyer’s creditworthiness or should Buyer fail to fulfill any obligation when due.All deposits are non-refundable.
Change In Payment
If, in the judgment of Cylex LLC, the financial condition of the purchaser at any time during the order preparing period or at the time the product is ready for shipment, does not justify the terms of payment specified (other than payment in advance), Cylex LLC may require full or partial payment in advance. If shipments are delayed by the purchaser, payments shall become due from date when Cylex LLC is prepared to make shipment. Products held for the purchaser shall be at the risk and expense of the purchaser.
4.Title and Risk of Loss
In the absence of prior agreement as to shipping, Seller will select a carrier. Seller’s responsibility for any loss or damage ends when products are delivered to the carrier for delivery to Buyer or to Buyer’s agent. All product purchases shall be deemed irrevocably accepted upon delivery. Title will pass to Buyer upon delivery to the carrier for delivery to Buyer or Buyer’s agent.
5.Cancellations and Charges
No order may be canceled , rescheduled, or reconfigured without Seller’s prior written authorizations and in such event, Cancellation charges will be charged to purchaser at the time of cancellation for all expenses incurred by Cylex LLC.
6.Delays, Force Majeure
Shipping dates are approximate and are based on prompt receipt of all necessary information and approvals from the purchaser. Cylex LLC will not be liable for any failure or delay in its performance or in the delivery or shipment of products, or for any damages suffered by Buyer by reason of such failure or delay, when such failure or delay is caused by, or arises in connection with, any fire, flood, accident, riot,earthquake, severe weather, war, act of terror, governmental interference or embargo, strike, shortage of labor, fuel, power, materials or supplies, delay in delivery by Seller’s suppliers, or any other cause or causes beyond Seller’s reasonable control.
7.1. Our company warrants that the materials and services supplied shall conform to the contractual specifications. All materials are sold in accordance with tolerances and quality standards as furnished by the manufacturer of the materials.
To prevent surface scratches, finished materials or clear plastics come with a protective film. Non-transparent plastics do not come with a protective film unless the contract specifically states that the surface needs to be protected, and the surface may have minor scratches and wipeable stains from storage and loading. This is an industry-standard and is not considered a quality issue.
7.2.Before purchasing materials, users should verify and test the materials sufficiently to determine their suitability for their own particular purposes or for any information or products mentioned herein. Cylex makes no warranty of fitness for a particular purpose. The information and statements herein are believed to be reliable, but are not to be construed as warranties or representations for which we are legally liable.
7.3.No claim by BUYER of any kind shall be greater in amount than the purchase price of the materials in respect of which damages are claimed. In addition, SELLER shall have no liability whatsoever for special incidents, indirect, punitive or consequential damages (including, but not limited to damages for injuries to persons or to property or to labor or machining cost). Failure by BUYER to give SELLER written notice of claim within 15 days from date of delivery or, in the case of non-delivery, from the date fixed for delivery, shall constitute a waiver by BUYER of all claims in respect of such materials. Any action for breach of this contract (other than non-payment of the nonpayment of the purchase price) must be commenced within one year after the cause of action has occurred.
8. Return Policy
8.1 All returned items must be authorized by us to be shipped back, otherwise they will not be accepted. Custom cut, custom machined items and special ordered non-stock items cannot be returned. Material or parts that are defective will be replaced and are not subject to a restocking fee.
8.2 Claims should be made within 15 days of receipt and before the original condition of the material has been altered and accompanied by relevant documentation (including text, pictures, video, etc.) supporting the complaint or claim. Otherwise, claims of any kind are expressly prohibited.
8.3 Cylex will evaluate the item(s) complained of by the customer as defective and determine whether to replace the material or refund your purchase price. cylex customer service will send you a Return Merchandise Authorization (RMA) number for the authorized item(s) via email.
8.4 All returns are subject to a minimum 25% restocking fee.
8.5 When returning an item, please make sure that the packaging is intact and just as you received it. We will not be able to return or replace any items damaged in transit. We recommend that you insure the item so that your carrier can reimburse you for items damaged in transit.
Please send items back in the original box and packaging materials. If the original box was damaged in transit, please return the item in a similar box (shape, durability and size) filled with enough padded packaging material to avoid damage to the item or surface scratches.
To expedite the return process, please write the RMA number on the outside of the box and print the document with the RMA number and send it back together .
8.6 Please note that the goods are not refundable or exchangeable in the special price area will not be accepted for return or exchange services.
8.7 IMPORTANT – Inspect your shipment before signing for your package – if the shipment is damaged refuse delivery to receive a replacement. For damaged items received you must contact the freight carrier and make a claim with the freight company in 24 hours or less from the received delivery date. Please contact your Cylex Inc. Inside Sales Representative with the claim number provided by the freight company for review and further action.