Terms and Conditions of Sale

We will use our best efforts to meet the delivery stated. However, we are not responsible for delays caused by strikes, fires, delays in transit or other items beyond our control. Unless expressly agreed to in writing, we are not liable for any damages arising directly or indirectly from actual delivery other than requested or promised.

This quotation does not include sales or excise taxes levied by any governmental agency and they are solely the responsibility of the purchaser.

This quotation is only for the quantities as shown. Any modification of specification, quantities, or delivery terms may affect the price.

Any sale resulting from this quote is strictly subject to verification of satisfactory credit rating.

No terms and conditions except as stated herein shall be binding unless agreed to in writing and signed by an authorized agent.

The terms of this sale are governed exclusively by the agreement between you and CERBIDE INC. (the "Agreement"). The Agreement contains the complete understanding between the parties and shall remain binding in all aspects. No verbal representations or promises nor anything contained in any purchase order ("PO") or any other document shall amend, alter, or modify the Agreement unless it is specified in a written amendment signed by both parties. If no Agreement is in place, or such Agreement is found to be defective or otherwise unenforceable, the following terms apply to this sale:

 

Payment / Taxes: You shall pay all invoices issued under this sale within THIRTY (30) days from date of invoice. Shipments, deliveries and performance of Services will always be subject to the approval of CERBIDE INC. Credit Department and CERBIDE INC. may at any time decline to make any shipments or deliveries or perform any Services, except upon receipt of payment or upon terms and conditions or security satisfactory to CERBIDE INC. You will pay or reimburse CERBIDE INC. for all sales, use, value-added and other taxes (except taxes on CERBIDE INC. net income) and all customs duties and tariffs now or hereafter claimed or imposed by any governmental authority upon the sale of the Products.

 

Delivery & Shipping Terms: For domestic shipments within the United States, all sales are FOB Origin (CERBIDE INC. facility) unless otherwise stated in writing on the Purchase Order. Title and risk of loss pass to the buyer upon delivery of the Products to the carrier, and the buyer is responsible for all shipping costs.

For international or export shipments, all sales are EX WORKS (Incoterms® 2020) unless otherwise agreed in writing. Title and risk of loss transfer to the buyer at CERBIDE INC.’s facility. The buyer is responsible for all transportation, export documentation, duties, taxes, and related costs.

 

Return Rights & Procedures: All sales are final and the product and services are not returnable unless expressly permitted under the Warranty in CERBIDE INC. current and standard offer to sell. You must obtain a Return Material Authorization number from CERBIDE INC. facility, prior to returning a defective product. You will be responsible for all return shipping costs of repaired or replacement units to you and Products not accompanied by an RMA form will be returned to you freight collect. Replacement Products will be covered under warranty for the remaining warranty period of the original Product.

 

Import/Export Controls: You acknowledge that the Product, technical data, and performance of the Services (received from CERBIDE INC. in accordance with these terms) may be subject to United States export and import controls including but not limited to the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774, and in the performance of its obligations, you shall at all times strictly comply with all laws, regulations and orders and agree not to act which, directly or indirectly, would violate any United States or Territory law, regulation or order, including, without limitation, tax, export and foreign exchange laws, import controls, and export controls imposed by the U.S. Export Administration Act of 1979 as amended, and the United States Foreign Corrupt Practices Act. You expressly agree that, without the prior written authorization of CERBIDE INC. and the United States Government, you shall not, and shall cause its representatives (if any) to (a) export, re-export, divert or transfer CERBIDE INC. Product or any direct product thereof to any destination, company or person restricted or prohibited by the United States export controls, or (b) disclose any data derived from CERBIDE INC. Product or any direct product thereof to any national of any country when such disclosure is restricted or prohibited by United States export controls. You agree that none of the Product is being, or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor to be used for nuclear activities, chemical/biological weapons, or missile projects unless authorized by the U.S. Government. You hereby certify that you and your Customers and End-Users are not on the U.S. Department of Commerce's Denied Persons List, Entity List or affiliated lists or on the U.S. Department of Treasury's Specially Designated Nationals List. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. Certain product with encryption functions may be subject to additional restrictions, including restrictions on distribution to government end-users outside the EU license free zone. You are solely responsible for compliance with any import or use restrictions in your country.