These Terms and Conditions of Sale (Agreement) shall apply to all sales of products by Isolite, a Corporation of the State of Pennsylvania. As used in these Terms and Conditions of Sale, “we”, “factory”, and “our” shall refer to Isolite. Unless specifically agreed in writing by an authorized representative of Isolite, any different or additional terms and/or conditions proposed by any customer in a purchase order, response to quotation, or other proposal are hereby rejected by Isolite, and shall not be incorporated into the agreement for sale of Isolite products. Customer’s assent to these Terms and Conditions of Sale shall be conclusively presumed from customer’s ordering products quoted by Isolite, customer’s failure to object in writing to these Terms and Conditions of Sale, and or customer’s acceptance of all or part of any products ordered. If Isolite is found to have acknowledged customer’s order or proposal, and such acknowledgement constitutes an acceptance of an offer, such acceptance is expressly made conditional on customer’s assent solely to these Terms and Conditions of Sale, which shall form part of the acknowledgment, and acceptance by customer of any products shall be deemed to constitute such assent. If any quotation or other document of Isolite is deemed to constitute an offer to customer, customer’s acceptance of such an offer is limited to these Terms and Conditions of Sale.
Freight will be prepaid and allowed by Isolite for orders totaling $1500 or more for both tritium self-luminous products or electrical products, or any partial releases meeting the set criteria that is to be shipped within the limited continental United States. Outside the continental United States, customer should consult factory. Orders not qualified for paid freight will be shipped with transportation charges prepaid by Isolite, and added to customer’s account. Partial shipments will be made at the direction of the customer, provided the customer pays excess freight. When Isolite bears the cost of the shipment, we reserve the right to ship all orders in one complete shipment. Partial shipments may be made at our discretion. Isolite will not be held responsible for storage charges or cartage charges beyond the destination address acknowledged by Isolite. All shipments will be made by carrier selected by shipper; normally UPS surface. If order is above $1500 and customer requires carrier or service other than UPS Ground, invoice will reflect any additional difference in freight charges.
E3 & E3MAC FREIGHT EXCEPTION:
E3 and E3MAC Inverters are not included in the above $1500 freight allowance policy. All E3 and E3MAC Inverter shipments will be shipped with transportation charges prepaid by isolite and added to the customers’ invoice.
Isolite reserves the right to refuse the request of any distributor to make direct shipments of products to any destination inside or outside the regular or assigned sales and service area of the distributor.
Merchandise and Claims Terms
Unless otherwise noted, sales of Isolite products will be FOB factory. Title to all products shall pass from Isolite to our customers upon execution of a bill of lading or tender of freight to carrier’s agent or customer’s agent, whichever shall first occur. All claims for loss or damage in transit must be made by consignee to carrier within 30 days. Shipping dates are approximate and are based on conditions existing at time of Isolite’s receipt of customer firm order and full information. Isolite will in good faith endeavor to ship by the estimated shipping date but shall not be responsible for any delay or any damage resulting there from.
Return Merchandise Terms
No merchandise may be returned by customer without prior written authorization in the form of a Return Merchandise Authorization (RMA), which has been issued by Isolite expressly for the merchandise to be returned. This RMA will be issued at the sole discretion of Isolite and must be requested by the customer within 30 days of the original shipment date for tritium self-luminous products, or within 90 days for all other products. Except with respect to defective items, returned merchandise must be in its original sealed cartons. Non-stocking products, special order products, custom-made products, and/or outdated or modified versions of cataloged factory stocking items are sold only on a non-cancelable and non-returnable basis, and will not be accepted for return. Except for products considered by Isolite to be defective in workmanship or materials, all returns will be subject to a minimum 35% restocking and factory inspection charge, and a deduction will be made for the freight expense of the original shipment. This minimum charge will be based on the condition that factory inspection reveals that all material is in original factory condition. Damages due to alterations, abuse, modifications, improper installation, or improper operating conditions or environmental damage are not covered by warranty, and resulting repair will increase the above minimum re-stocking Charge. Merchandise accepted for return must be shipped pre-paid to the factory or other destination as specified by Isolite. All returned material must be packaged with proper and sufficient packing material as to prevent damage in transit. Any damage as a result of insufficient packaging and not covered by carrier shall be charged back to the distributor.
Material Found To Be Damaged In Transit
A claim form must be filed with the driver on receipt of damaged cartons. Follow directions of carrier as to retention of shipping boxes, etc. and notify Isolite immediately.
Order Cancellation Terms
Isolite will accept order cancellations from customers only if the cancellations are sent to Isolite in writing, and received prior to shipment of orders affected. Verbal order cancellations will not be accepted. Cancellation charges to be applied shall not be less than 10% of the order, and shall be subject to increase based on costs incurred by Isolite including but not limited to labor, material, set-up and transportation charges. All costs for warehousing and freight on orders cancelled after shipment and/or refusal at destination will be charged to the customer.
Minimum Order Charge
A service charge of 50% of the price of the material will be added to all original customer orders which total less than $50 net.
Prices are subject to change without notice. Isolite will ship merchandise at prices prevailing at the time of shipment. Prices are exclusive of sales, use, excise or similar taxes unless otherwise noted.
Isolite in no way, express or implied, accepts responsibility for voltage determination. Isolite shall not be responsible for quotations of prices or specifications concerning non-catalogued products unless Isolite confirms this to the customer in writing. Catalogued items are those listed in Isolite’s current price sheets. Dimensions and fixtures are subject to change without notice. Unless specifically agreed to by Isolite in writing, we do not warrant compliance of our products with individual project specifications.
Changes In Product Design
Isolite reserves the right to change, discontinue, or modify the design and construction of any of its products and to substitute material equal to or superior to that originally specified.