Calex Standard Terms and Conditions of Sale
1. Terms of Sales Agreement:
A. All sales are final.
B. All sales are F.O.B. CALEX Mfg. Co., Inc., Concord.
C. At CALEX’s sole discretion, purchase order cancellation request or
a goods return request may be considered provided:
1. The customer’s account is current;
2. CALEX’s cancellation or goods return terms are accepted in writing;
3. Any such cancellation or return will be subject to a charge.
2. Quote Validity:
Unless modified by written agreement - domestic, 30 days from date of quotation;
export, 60 days from date of quotation. Prices quoted are good only for goods
to be delivered within a twelve month period. Prices for goods to be delivered
beyond a twelve month period are subject to change.
3. Payment Terms Agreement
A. Domestic Sales:
1. 1% 10 days from the date of invoice;
2. Net 30 days from the date of invoice;
3. 0.05% interest and handling charge per day on all overdue payments.
B. Export Sales:
1. Net 60 days from the date of invoice;
2. 0.05% interest and handling charge per day on all overdue payments.
4. Price Quoted:
For items described only. Any deviation or additional material will require
a separate quotation.
5. Fair Labor Practices:
We certify that these goods will be produced in compliance with all applicable
requirements of Sections 6, 7 and 12 of the Fair Labor Standards Act, as amended,
and of the regulations and orders of the United States Department of Labor
issued under Section 14 thereof.
6. Delivery:
Unless otherwise specified, period quoted is for shipment and is from receipt
of order. The Seller shall not be liable for delays in delivery or failure
to manufacture or deliver:
A. Due to causes beyond its reasonable control, or
B. Due to acts of God, acts of the Purchaser, acts of civil or military authority
priorities, fires, strikes, floods, epidemics, war, riot, delays in transportation
or car shortages, or
C. Inability due to causes beyond its reasonable control to obtain necessary
labor, materials, components or manufacturing facilities. In the event of
any such delay, the delivery shall be extended for a period equal to the time
lost by reason of the delay.
7. Shipment:
Title to all purchased material and risk of loss therefore is passed from
Seller to Purchaser at the time of shipment from Seller’s facility. Seller
reserves the right to make partial shipments and invoice therefore unless
specifically requested not to do so.
8. Taxes:
The Purchaser shall add to the price and pay the amount of any and all present
or future taxes or other Governmental charges upon the production, shipment,
installation, or sale of the equipment covered hereby, including use or occupation
taxes, or in lieu thereof the Purchaser will furnish the Seller with Tax exemption
certificate acceptable to the taxing authorities.
9. Stenographic and Clerical Errors:
Subject to correction.
10. Proprietary Material:
Purchaser, by accepting the proposal, agrees not to disclose to any third
party any proprietary information or other matter produced in the performance
of this contract, without prior written authorization of Seller.
11. Rights and Data:
Seller shall retain all of its rights and title to and interest in all information,
data, designs, etc., furnished to Purchaser for the purpose of assisting Purchaser
under the terms of this contract. No design information with regard to this
contract may be reproduced or published by Purchaser without prior written
permission of Seller and then only for the purposes of assisting in test,
evaluation and authorization of the material.
12. Calex Mfg. Co., Inc. Limited Warranty Agreement:
Calex Mfg. Co., Inc. (Calex) warrants all products listed below to be free
from defect in materials and factory workmanship, and agrees to repair or
replace any unit that fails to perform to data sheet specifications within
the warranty periods specified in accordance below:
• Calex DC/DC Converters & Accessories: 5 year period from the date
of invoice.
• Calex Modular AC/DC Power Supplies & Accessories: 5 year period
from the date of invoice.
• Calex Instrumentation Modules & Accessories: 5 year period from
the date of invoice.
This warranty shall not apply to any unit that has been subject to misuse,
negligence, or accident. CALEX’s sole liabilities and buyer’s sole
remedies, under this agreement shall be limited to repair or replacement or,
at CALEX’s sole discretion, refund of purchase price in lieu of replacement.
CALEX shall in no way be liable for damages consequential or incidental to
defects in any of the above mentioned products, or failure of delivery in
whole or in part, for injuries resulting from its use, or for any other cause.
This limited warranty and the writing attached constitute the full understanding
of CALEX and the buyer, and no terms, conditions, understanding, or agreement
purporting to modify or vary the terms hereof shall be binding unless made
in writing and signed by two corporate officers of CALEX Mfg. Co., Inc.
13. Warranty Claim Procedure Agreement:
A. The customer is to obtain a Return Material Authorization Number (R.M.A.#)
from the CALEX Order Desk by submitting a list identifying each unit by citing
its Production Lot Number (five digit number printed on the side or bottom
of the unit);
B. The unit(s) must be properly packed and delivered, at customer’s expense
and risk, to CALEX Mfg. Co., Inc., 2401 Stanwell Drive, Concord, CA 94520-4841.
Shipments without R.M.A. Number clearly marked on the container may not be
accepted;
C. Units that fail to meet CALEX’s specifications, and are within specified
warranty period, due to defect in materials and/or factory workmanship will
be replaced or repaired and shipped to the customer at NO CHARGE, or at CALEX’s
sole discretion, in lieu of replacement, the full purchase price may be refunded.