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Warranty
<br />In -Situ, Inc., (In -Situ) warrants that all new products manufactured by it
<br />shall be free from defects in materials and workmanship for a period of one
<br />year (except for water quality sensors, calibration solutions, cables &
<br />accessories, which carry a 90 day warranty) when properly installed and
<br />operated in accordance with the instruction manuals provided by, or
<br />available through, In -Situ, and when used within the design specifications
<br />for the product. Products & accessory products including batteries, which
<br />are manufactured by others, carry the warranty of that manufacturer, or
<br />thirty days, whichever is greater. The warranty period for all products
<br />begins on the day the product is shipped to the customer or distributor.
<br />In -Situ agrees to repair, or, at its option, replace at no charge, components
<br />that have proven to be defective during the warranty period, provided that
<br />the warranted product is shipped, postage prepaid, to In -Situ. In- Situ's
<br />Customer Service staff must be contacted for a Return Materials
<br />Authorization (RMA) number and shipping instructions prior to
<br />shipment to In -Situ.
<br />These warranties do not apply to any product that has been damaged
<br />either by negligence, accident or misuse by any other person. Nor do these
<br />warranties apply to any product that has been repaired, altered, serviced,
<br />or modified by an unauthorized person.
<br />There are no other warranties, express or implied, which
<br />extend beyond the face hereof; In -Situ makes no warranties of
<br />merchantability or of fitness for any particular purpose.
<br />In- Situ's obligation and liability under this warranty is
<br />expressly limited to either repairing and replacing, at In- Situ's
<br />option, any product found to be defective or otherwise not in
<br />conformity with this warranty. The obligation to repair or
<br />replace shall terminate when the warranty period expires.
<br />In- Situ's maximum liability in damages to customer, from
<br />whatever source, including any breach of contract or
<br />warranty, shall be limited to the difference between the
<br />delivery price of the product and the market price of such
<br />product at Customer's destination at the time of such breach.
<br />In no event shall In -Situ be liable for personal injury, property
<br />damage, loss of profit, delay or any incidental or
<br />consequential damages whether arising from contract, breach
<br />of contract, tort, In- Situ's negligence, strict liability or the
<br />breach of any express or implied warranty, including but not
<br />limited to any implied warranties of merchantability or fitness
<br />for a particular purpose.
<br />Terms & Conditions
<br />Prices
<br />Prices include standard packaging in accordance with common carrier
<br />requirements. Shipping and handling charges are additional (handling
<br />charges are $5 for orders under $1,000 and $15 for orders of $1,000 or
<br />more). Prices are subject to change without notice and In -Situ reserves the
<br />right to discontinue any items without notice. Applicable federal, state, and
<br />local taxes are the responsibility of customer and are not included in the
<br />price quoted to customer.
<br />Orders & Acceptance
<br />In -Situ reserves the right to refuse any and all orders placed by the
<br />customer (purchaser) which do not meet In- Situ's current ordering terms.
<br />The customer must provide In -Situ with a written or facsimile copy of a firm,
<br />non - cancelable purchase order for the products and /or services requested
<br />to be delivered to the customer by In -Situ. Purchase orders may also be
<br />submitted to: insidesalespin- situ.com. The pricing listed on the purchase
<br />order must match pricing approved by In -Situ for that order. Once the order
<br />is accepted by In -Situ, no price changes will be applicable, unless covered
<br />by a separate, written agreement. Issuance of a purchase order by
<br />customer means that it has fully accepted all terms and conditions,
<br />including payment terms, set forth in this document. No other terms or
<br />conditions shall be binding upon In -Situ unless covered by separate,
<br />written agreement signed by In -Situ.
<br />ISI Warranty & Terms
<br />Minimum Order
<br />There is no minimum order amount. Payment by credit card is required for
<br />all orders under $200. A $35 handling fee will be added to all orders under
<br />$200 taken WITHOUT a credit card.
<br />Returns & Cancellations
<br />Contact our Customer Service Department for a return authorization and
<br />shipping instructions. Authorized returns will be issued a Return Materials
<br />Authorization (RMA) number, which must appear on the outside of all
<br />parcels containing returned merchandise. All freight must be prepaid by
<br />the customer. In -Situ has the right to refuse returns. Accepted returns will
<br />be credited to the customer's account. Refunds will not be issued.
<br />Orders cancelled prior to shipment will be billed for all work and non -
<br />reworkable materials at the standard rate for repairs. Orders cancelled
<br />after shipment are subject to a restocking fee of 20% of the order price.
<br />Items returned must arrive at In- Situ's offices within 15 days of original
<br />shipment and remain unopened in the original packaging. Custom orders,
<br />including cables, will be subject to a cancellation fee of the full purchase
<br />price.
<br />Payment Terms
<br />In -Situ is pleased to extend terms of net 30 days to domestic customers
<br />and distributors who. have established a credit account with us. If you wish
<br />to open a new account, credit applications are available upon request. A
<br />bank reference and four trade references are required,
<br />Payments are due in 30 days from the date of the invoice. All past due
<br />invoices and uncollected funds shall be charged interest at a rate of 1.5%
<br />per month. If a credit card is used for payment of late invoice(s), a 3%
<br />surcharge will be added to cover the additional cost. The customer agrees
<br />to pay all collection costs, including attorneys' fees, and penalty charges if
<br />collection services on the account become necessary.
<br />All international orders require an irrevocable letter of credit from a US
<br />bank or electronic wire transfer of funds with order. Letter of credit and wire
<br />transfer fees will be added to the invoice at a rate of $350 and $30
<br />respectively.
<br />Shipment
<br />Shipment is F.O.B. dock, In -Situ, Inc., Fort Collins, CO. Title and risk of
<br />loss will pass from In -Situ to buyer upon pickup by common carrier at In-
<br />Situ's dock. All orders from In -Situ are shipped by Federal Express, D.H.L.
<br />or U.P.S. depending on customer requests. International orders are
<br />shipped by air unless otherwise requested. All orders are insured, unless
<br />instructed differently. All shipping costs and insurance are pre -paid by In-
<br />Situ and billed to customer, unless otherwise requested.
<br />We package all products to meet the carrier's requirements. Equipment is
<br />checked prior to shipping and leaves In -Situ in operating condition. Please
<br />examine all shipments immediately upon receipt. Notify In -Situ of any
<br />shortages. If the shipment is damaged, notify us and file a claim with the
<br />carrier immediately. We will advise and assist in any claims to the carrier.
<br />All claims should be made within 10 days.
<br />We are not responsible for delays due to strikes, accidents, carrier, or other
<br />problems beyond our control.
<br />Calibration & Certification
<br />Calibration documentation is provided for Data Loggers and Probes. Stated
<br />accuracies reflect maximum allowable deviation from NIST traceable
<br />standard. Individual instrument accuracies may exceed stated accuracies.
<br />Repairs
<br />All parts and labor charges are billed at a standard flat rate. All necessary
<br />parts and labor are covered under this flat rate. Repairs will be completed
<br />and invoiced within 60 days of the date we receive authorization for repair.
<br />All payments are net 30 days. Repairs are warranted for 90 days. Repair
<br />pricing does not include return shipment charges. At our discretion we may
<br />use factory- refurbished circuit cards and other items for repairs in
<br />discontinued product lines.
<br />Disclaimer
<br />Due to continuing product development, In -Situ reserves the right to alter
<br />specifications without prior notice. We also reserve the right to alter terms
<br />prior to acceptance of the order.
<br />020617 rev. 1.3
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