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LOW THERMAL ELECTRONICS, INC. STANDARD TERMS AND CONDITIONS
The following terms and conditions shall apply to Customer Purchase Orders (“Order”) for the purchase of any products (“Products”) and for the purchase of any repair (“Repairs”) furnished by Low Thermal Electronics, Inc.
LOW THERMAL ELECTRONICS’ PRODUCTS ARE NOT AUTHORIZED FOR USE AS CRITICAL COMPONENTS IN MILITARY, AVIATION, AEROSPACE, MEDICAL, NUCLEAR, HAZARDOUS ENVIRONMENTS OR OTHER APPLICATIONS WHERE COMPONENT OR SYSTEM FAILURE COULD RESULT IN THE LOSS OF LIFE OR PROPERTY. LOW THERMAL ELECTRONICS MAKES NO REPRESENTATIONS THAT ANY PRODUCT COMPLIES WITH OR IS SUITABLE FOR ANY APPLICATION. SPECIFICATIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE AT ANY TIME.
Low Thermal Electronics, Inc. warrants that all new Products purchased shall be free from defects in material and workmanship arising under conditions of normal and proper use and maintenance and for which no repair, attempted repair, or modification by anyone other than Low Thermal Electronics, Inc. has been conducted. Such warranty shall cover parts and labor, shall be effective for a period of one (1) year starting with the date of delivery, and shall be for the sole benefit of Customer, and may not be assigned, transferred or conveyed to any third party. Customer shall pay all freight, duty, broker’s fees, insurance changes and other fees and charges for the return of any Products to and from Low Thermal Electronics, Inc. under this warranty.
Low Thermal Electronics, Inc. warrants all Repairs for a period of sixty (60) days starting with the date of shipment from Low Thermal Electronics. This warranty covers only those Repairs performed by Low Thermal Electronics as detailed on the invoice or repair detail provided at time of services rendered. This warranty covers only failures arising under conditions of normal and proper use and maintenance and for which no repair, attempted repair, or modification by anyone other than Low Thermal Electronics, Inc. has been conducted. Such warranty shall cover parts and labor and shall be for the sole benefit of Customer, and may not be assigned, transferred or conveyed to any third party. Customer shall pay all freight, duty, broker’s fees, insurance changes and other fees and charges for the return of any equipment services to and from Low Thermal Electronics, Inc. under this warranty.
Instruments repaired by Low Thermal Electronics are not adjusted to nominal except as part of an optional calibration service and performed at an additional cost.
THERE ARE NO WARRANTIES BY LOW THERMAL ELECTRONICS EXCEPT AS STATED HEREIN. THERE ARE NO OTHER WARRANTIES EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN NO EVENT SHALL LOW THERMAL ELECTRONICS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, PROFITS OR GOODWILL. LOW THERMAL ELECTRONICS’ MAXIMUM LIABILITY FOR ANY BREACH OF THIS AGREEMENT OR OTHER CLAIM RELATED TO ANY PRODUCTS, REPAIRS, OR THE SUBJECT MATTER HEREOF, SHALL NOT EXCEED THE PURCHASE PRICE PAID BY CUSTOMER TO LOW THERMAL ELECTRONICS FOR THE PRODUCTS, REPAIRS, OR PORTION THEREOF TO WHICH SUCH BREACH OR CLAIM PERTAINS.
The terms and conditions set forth herein constitute the entire Agreement between the parties and supersede any communications or previous agreements with respect to the subject matter of this Agreement. There are no written or oral understandings directly or indirectly related to this Agreement that are not set forth herein. This Agreement may be waived, amended or supplemented only in writing and executed jointly by Low Thermal Electronics and Customer as evidenced only by the signature of duly authorized officers of each party.
In the event this Order is placed in the hands of an attorney or collection agency by Low Thermal Electronics to collect any sums due hereunder to Low Thermal Electronics, Customer shall pay all reasonable attorney’s fees, expenses, collection and court costs incurred by Low Thermal Electronics.
THIS AGREEMENT SHALL BE CONSTRUED AND ENFORCED ACCORDING TO THE TEXAS UNIFORM COMMERICAL CODE AND THE APPLICABLE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ANY CONFLICTS OF LAWS PRINCIPLES. THE PARTIES ACKNOWLEDGE THAT ANY ACTION BROUGHT HEREUNDER SHALL ONLY BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN DALLAS COUNTY, TEXAS.