Terms & Conditions of Sale
Limitation of Liability
Seller warrants that the merchandise sold hereunder shall be free from defects in material and workmanship for a period of one (1) year from the delivery date of the merchandise to an end user or eighteen (18) months from the date from seller’s shipment to buyer, whichever shall occur first. SELLERS SOLE AND EXCLUSIVE OBLIGATION AND LIABILITY DURING THE WARRANTY PERIOD SHALL BE AT ITS OPTION TO REPLACE OR REPAIR ANY NONCONFORMING OR DEFECTIVE MERCHANDISE, OR REFUND BUYERS PURCHASE PRICE THEREOF. THE FOREGOING WARRANTY SHALL BE THE SOLE AND EXCLUSIVE LIABILITY OF SELLER, AND IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF PURPOSE OR USE. SELLER NEITHER ASSUMES OR AUTHORIZES BUYER TO ASSUME FOR IT ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE MERCHANDISE WITHOUT SELLERS EXPRESS PRIOR WRITTEN CONSENT. IN NO EVENT SHALL SELLER BE LIABLE FOR PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR FOR THE LOSS OF PROFITS OF BUYER, ITS CUSTOMERS, OR OTHER END USERS OF THE MERCHANDISE. THIS WARRANTY SHALL NOT EXTEND TO MERCHANDISE WHICH HAS BEEN MODIFIED, ALTERED, OR OTHERWISE SUBJECTED TO ABUSE, MISUSE, NEGLECT, OR IMPROPER MAINTENANCE.
Seller shall be excused from non-performance or delay in the case of force majeure, including strikes, lock-outs and other labor disputes, wars, blockades, revolutions, civil strikes, riots, disturbances, acts of the enemy, accidents, typhoons, hurricanes, fires, floods, earthquakes, diseases, other perils, lack of raw materials, governmental prohibition on exportation, or refusal to issue export licenses where required, and other causes beyond the control of seller, including but not limited to failures or fluctuations in electrical power, heat, light, air conditioning, computer hardware and/or software or telecommunications equipment.
This limitation of liability constitutes the complete and exclusive statement of the agreement between the seller and buyer, and on behalf of end user, related to the subject matter hereof. Any provisions, terms or conditions of buyer’s purchase order or similar forms which are, in any way inconsistent with or in addition to the terms of this limitation of liability shall not be binding upon seller and shall have no application to the parties hereto or the parts sold and services performed hereunder.
Prices and Acceptance
All quoted prices are subject to change without notice. Orders not accepted in writing by IPTCI shall not be considered binding. No product specifications, warranties, liability provisions or terms and conditions that are additional or contrary to the terms of these Terms and Conditions of Sale, whether contained in any purchase order or other communication from buyer or any third party, will be construed as, or constitute a waiver of these Terms and Conditions of Sale, or acceptance of any such additional terms, conditions or specifications. IPTCI hereby rejects and objects to such additional or contrary terms, conditions or specifications submitted by buyer.
Payment terms are net cash within 30 days of invoice. IPTCI shall be entitled to recover from buyer all reasonable attorneys’ fees and costs incurred by IPTCI in collecting or enforcing payment thereof, whether suit is brought or not.
The minimum charge on any order is $25.
Unless otherwise stated, all shipments are F.O.B. factory. All shortage, damage, or non-delivery claims shall be made by the consignee to the carrier. All claims must be submitted within 60 days from the date of shipment, with copy to consignor.
Our shipping staff attempts to route all freight using the most efficient and competitively priced carriers. Any additional costs incurred by the use of premium rates, or expediting services will be added to our invoice.
Carrier chargebacks will be invoiced for refused shipments, invalid shipper accounts and incorrect addresses.
IPTCI will pay the freight charges on $1,800+ shipments* when ordered at standard distributor discounts. Note: Any freight prepaid orders will ship via the carrier of IPTCI’s choice.
*Continental 48 states only.
No goods will be accepted by IPTCI for return without prior written authorization in the form of an issued Returned Goods Authorization (RGA). Issued RGAs will be valid for 30 days from the issue date. With the exception of defective goods or mis-shipments, all returns will be subject to a 20% restocking fee, plus return freight. For an offsetting replacement order, the restock fee will only be 15%. Unauthorized returns received by IPTCI may be returned to the sender freight collect. No goods will be accepted for return after 12 months past date of invoice.
Buyer and seller hereby agree that all sales shall be governed by the law of the State of Minnesota, without regard to principles of conflict of law. For international sales, buyer and seller agree to exclude the applicability of the United Nations Convention on International Sale of Goods. With regard to any actions, claims, disputes or proceedings relating to these Terms and Conditions of Sale, including interpretation and/or enforcement, buyer consents to the exclusive jurisdiction of any state or federal court in Minnesota, agrees that venue shall be proper in any such court and waives any objection based on forum non conveniens.