Aztech Controls Standard Terms and Conditions

  1. Conditions of Sale: Buyer’s purchase order or quotation shall be subject only to the terms and conditions set forth herein, notwithstanding any terms and conditions that may be contained in any purchase order, acknowledgement or other form by Buyer. Such terms and conditions of Buyer shall not bind Seller unless accepted by Seller in writing whether or not they materially alter this order. This order shall be governed in all respects by the laws of the state in which Seller is incorporated. In the absence of a written agreement, an acceptance of any goods received by Buyer filling a purchase order to Seller shall constitute an acceptance of these terms and conditions.
  2. General Terms of Sale: Payment: Net 30 days, on approved credit. Seller accepts payment from American Express, MasterCard, or VISA. (Payment by credit card must be communicated at time of order placement; card will be charged at time of shipment for all items in stock at the time of order placement, and will be charged upon order placement for all special order or backordered items.) FOB: Shipping point.
  3. Quotation Expiration: All quotations are valid for 30 days from quotation date, unless otherwise specified. Please refer to Quote number when ordering/Inquiring.
  4. Selling price: The selling price on back orders, and as shown on Seller’s website is subject to change without prior notification and will be priced in accordance with the price list in effect at the time of shipment.
  5. Shipping Discrepancies: Errors in shipping quantity or damage to shipped products must be reported within ten (10) business days of receipt of product, or will not be acted upon.
  6. Order Cancellation and Reschedules: Orders may be cancelled only upon approval by Seller. Such cancellations are subject to a cancellation fee. Scheduled shipments may be scheduled to a date later than originally agreed to, only upon approval by Seller. Such shipment reschedules are subject to a reschedule fee.
  7. Return for Credit or Exchange: Claims for shortage or inaccurate filling of orders must be made to Aztech Controls Corporation within 15 days after receipt of goods. All returns must have an accompanying return authorization number regardless of reason for return. Return procedures must be initiated by phone or email contact directly with Aztech Controls Corporation. All returns are subject to 25% restock fee unless manufacture restock fee is greater. All returns of non-defective material for credit or exchange, not due to a Seller error, must be authorized in advance, and in writing by Seller. Items to be returned must be current revisions of standard price list items in original, unopened packaging and in sellable condition. Non-standard, modified, “special order”, “special value” or “promotional” items and fabricated assemblies are non-cancelable and non-returnable. Requests for return of non-defective material for credit or exchange resulting from a Seller error (i.e., mis-shipment of material or quantity) shall be handled at no charge to Buyer. All return authorizations expire thirty (30) days after authorization notification and shall not be renewed.
  8. Freight/Delivery: Standard shipment method is UPS ground or common carrier, Prepay and Add FOB: Shipping point unless stated otherwise. Quoted delivery is based on availability of product at the time of quotation. Quotation presented without the benefit of written specification and/or manufacturer review. If a specification becomes part of this order, we reserve the right to review and requote. Any clerical errors are subject to correction. Seller shall not be liable for any delays in or failure of delivery due to acts of God or public authority, labor disturbances, accidents, fires, floods, extreme weather conditions, failure of and delays by carriers, shortages of material, delays of suppliers, or any other cause beyond Seller’s control. In no event shall Seller be liable for consequential or special damages arising out of a delay in or failure of delivery. Buyer’s requested delivery date or schedule shall be approximate and subject to Seller’s acceptance.
  9. Warranty: Seller provides no warranty with respect to the goods sold hereunder. Seller agrees to use its best efforts to assist Buyer in enforcing any warranty provided by the Manufacturer(s) of the goods. The repair or replacement of defective products under warranty is at the sole discretion of the manufacturer; Seller does not replace returned defective products with new products. In no event shall Seller or Seller’s supplier(s) be liable for consequential or special damages arising out of a defect in material or workmanship.
  10. Nuclear Indemnity: If the goods are to be used in any nuclear installation or activity, the Buyer or the ultimate user(i) shall secure and maintain the maximum nuclear property damage liability insurance protection available (ii) shall enter into and maintain a government indemnity agreement, and (iii) shall waive and require its insurers to waive all rights of recovery or subrogation against Seller and shall indemnify and hold Seller harmless from and against any claims, losses or damages arising out of a Nuclear Incident as defined in the Atomic Energy Act of 1954, as amended.
  11. Inspection: Buyer shall be responsible for inspecting all products shipped hereunder prior to acceptance, provided, that if, Buyer shall not have given Aztech Controls written notice of rejection within 30 days following shipment to Buyer, the products shall be deemed to have been accepted by Buyer.
  12. Taxes: Tax or duty of any nature what-so-ever arising out of or assessed against orders shall be added to the prices quoted or invoiced and shall be paid by the Buyer. In the event that Seller is required to pay any such taxes or duties, the buyer shall reimburse seller, unless the Buyer provide Seller, at time of order, with exemption certificates or other documents acceptable to taxing or custom authorities.
  13. Exports: Buyer represents that it will not knowingly export, either directly or indirectly, any product or service to any country for which approval is required, without the prior written approval of the office of Export Administration of the U.S. Dept. of Commerce or any other applicable U.S. Government Agency.
  14. Collection / Attorneys’ Fee: Buyer is responsible for all costs incurred by Aztech Controls Corp. for the collection of invoices including – but not limited to – reasonable attorneys’ fees, collection agency costs and all court or related fees.
  15. Finance Charge: 1 ½% monthly (18% per annum) on past due accounts.