Terms and Conditions
2. Delivery dates are estimates and are based on timely receipt of complete and accurate approvals or other technical data from Buyer. APPLIED IMAGE will use its best effort to meet the estimated delivery date and shall not be liable, directly or indirectly, for any delay or failure to deliver where such delay or failure arises from any cause beyond APPLIED IMAGE’s control or beyond the control of APPLIED IMAGE’s suppliers. The anticipated delivery schedule will be noted on your order confirmation.
3. Orders for CUSTOM ORDER items, discontinued items and non-standard items (including any customization, modification or deviation to standard items) cannot be cancelled or returned, and are subject to a 100% cancellation charge. For CATALOG products, a minimum charge of 25% will apply if an order is cancelled before shipment. Additional charges may be assessed for non-stock materials, partial or completed manufacture of non-stock parts, and other related costs. All returned products shall be subject to a minimum 25% restocking charge and require a Return Material Authorization. Refunds (if paid for in advance) will be in the form of a credit towards additional future purchases.
4. Any special tooling created under a non-recurring engineering (NRE) charge will remain property of APPLIED IMAGE and will be retained or remain on file for a period of 5 years.
5. All products are guaranteed to conform to APPLIED IMAGE specifications as agreed and accepted prior to order confirmation. Except for such warranties expressly identified, APPLIED IMAGE SPECIFICALLY EXCLUDES ALL OTHER EXPRESS WARRANTIES AND MAKES NO IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. If Buyer furnishes specifications to APPLIED IMAGE, Buyer agrees to hold APPLIED IMAGE harmless against any claim that arises out of compliance with the specifications. No affirmation of fact or promise made by APPLIED IMAGE, whether or not in this contract shall constitute a warranty that the Goods will conform to the affirmation or promise.
6. Buyer shall accept any tender of the Goods by APPLIED IMAGE which substantially conform to the description of the Goods in the order confirmation. Buyer shall be deemed to have accepted any product and Buyer’s right to cancel, reject or claim any damages for breach of warranty or breach of APPLIED IMAGE’s obligation shall cease, unless Buyer gives APPLIED IMAGE notice in writing of APPLIED IMAGE’s breach: (a) in the case of defects discoverable through inspection, 14 days after arrival of the shipment or (b) in the case of defects not discoverable through inspection, 30 days after delivery or invoice date, whichever is earlier. In the case of non-conforming Goods, Buyer shall immediately notify APPLIED IMAGE whether or not Buyer will continue to accept similarly nonconforming Goods and acceptance of any non-conforming Goods shall constitute a waiver by Buyer of specification requirements for said Goods. In any event, if the product has been altered from its original state, Buyer shall be deemed to have accepted the product. Buyer’s acceptance of Goods tendered under this contract shall be final and irrevocable.
7. If Buyer notifies APPLIED IMAGE in writing prior to the expiration of the applicable warranty period of a claimed defect, and if APPLIED IMAGE determines that Buyer’s claim is valid, APPLIED IMAGE may, at its option, repair the defective Goods or replace the defective Goods with conforming Goods and shipped at no additional charge to BUYER, or if APPLIED IMAGE determines that neither of these remedies is commercially reasonable, refund the purchase price for the defective Goods. Failure to so notify APPLIED IMAGE prior to the expiration of the warranty period shall constitute acceptance by Buyer and waiver of all claims for defects. All returns must be authorized by APPLIED IMAGE in advance. To obtain a Return Material Authorization, please email SALES@appliedimage.com or call 1-585-482-0300.
8. In the absence of specific shipping instructions, APPLIED IMAGE will ship by the method it deems most advantageous. Shipping & Handling charges will be prepaid and added to invoice. Shipping charges will be applied to Buyer’s own shipping account if provided. Title to each shipment of the Goods sold hereunder and risk of loss thereon shall pass to Buyer when APPLIED IMAGE or its agent delivers such shipment to a common carrier or licensed trucker consigned to Buyer, or its agent. All claims for loss or damage in transit must be made against the carrier. Prices are net FOB Rochester, NY and do not include legally required sales, excise, use or other taxes (other than taxes based on income) customs, duties, tariffs, or insurance, which shall be paid by Buyer, unless Buyer provides to APPLIED IMAGE a valid tax exempt certificate. Prices are exclusive of expenses related to special packing or procedures to cover unique circumstances of shipment or storage unless specifically noted.
9. Orders paid by credit card require payment in full at time of order. For all other orders, payment terms are net 30 days from date of invoice with prior credit approval by APPLIED IMAGE. APPLIED IMAGE reserves the right to require alternative payment terms, including, without limitation, Wire Transfer or Payment in Advance. Buyer shall be liable for the price of all products substantially conforming to the order confirmation, notwithstanding that Buyer may not have accepted, or may have revoked acceptance of same. If payment is not received by the due date, a service charge will be added at the rate of 1½% per month (18% per year) or the maximum legal rate, whichever is less, to unpaid invoices from the due date thereof until payment in full.
10. All products sold by APPLIED IMAGE Inc. are manufactured in the U.S. (Country of Origin)
11. Quotes are valid for 30 days unless otherwise specified.