Sales Terms and Conditions
- All quotations and sales by Duotech Services, LLC (DSL) are subject to DSL’s current Terms and Conditions of Sale. Buyer hereby agrees to accept the materials, products or services hereby ordered and accept these terms and conditions of sale. Any modification of these terms must be made in writing and submitted to DSL for approval and acceptance. These terms and conditions of sale, together with any referenced exhibits, attached or other documents, constitute the entire agreement between the parties with respect to the subject matter and supersede any previous or current agreements otherwise negotiated.
- The repair/overhaul of an item by DSL is warranted against defects in material or workmanship for one (1) year from the date of shipment from DSL. This warranty does not cover normal wear and tear and shall be null and void if modified, improperly installed or used, damaged by accident or neglect, or in the event any parts are improperly installed or replaced by the user. This warranty covers those parts, sub-assemblies, or any other item that was involved in the original repair/overhaul.
- DSL considers asset cannibalization as normal activity during the repair process. DSL shall not be liable for the value of cannibalized components.
- DSL warrants the item to the original purchaser (Buyer) of the repair/overhaul. DSL’s sole obligation under this warranty shall be to furnish parts and labor for the repair or replacement of items found to be defective in material or workmanship during the warranty period. If DSL determines that the item returned for warranty service is not defective as herein defined, the Buyer shall pay all costs, handling and transportation. The above warranty is in lieu of all other warranties, express or implied, oral or written, statutory or otherwise, including any implied warranty of use or fitness for a particular purpose.
- Payment terms on all sales and quotations are COD or Advanced Payment prior to shipment, unless otherwise negotiated by authorized representatives from both parties. Furthermore, payment of outstanding invoices shall not be dependent upon delivery additional goods or services. Late payments are subject to late fees amounting up to a maximum of 1.5% of the total invoice value per month until complete payment of invoice amount. Furthermore, Duotech shall not be responsible for any fees related to transfer of funds for outstanding invoices.
- Shipment terms are FOB Origin, unless otherwise quoted or agreed upon by both parties. DSL shall not be liable for damage or mishandling by the freight forwarder in the event of damage to assets.
- All Purchase Orders and Contracts shall become effective once signed or otherwise accepted by both parties and will apply to the sale of all products and services prior to its termination. Either party may terminate an Agreement at any time upon thirty (30) days prior written notice to the other party. In the event of any termination of this Agreement with or without cause, or any termination or cancellation of any purchase order, or party thereof, and notwithstanding anything to the contrary contained in this Contract, customer will be liable for payment for any special, custom, Customer specific, non-stock, value-added, including all work in process, open orders in support of the Agreement and for payment for products delivered prior to the effective date of termination.
- Unless otherwise negotiated, evaluation quotations shall expire on the date noted on the evaluation letterhead and are subject to change after that date. Expiration and subsequent change of evaluation quotations shall in no way affect the purchaser’s obligation to pay the quoted evaluation fee.
- If purchaser fails to provide disposition of assets within six (6) months after submission of evaluation, DSL shall consider them abandoned and shall dispose of them accordingly.
- In the event that parts required for repair are unavailable for purchase due to any reason, including obsolescence, unavailability, OEM licensing agreements, DSL reserves the right to perform part substitution and replacement activities that preserve the functionality, reliability, and overall performance of the repaired item.
- Unless expressly accepted in writing by DSL, additional or differing terms or conditions proposed by customer or included in customer’s acknowledgment are objected to by DSL and have no effect.
- Order Acceptance and Entry
As part of the sale order, Duotech requires the following for compliance with U.S. laws and regulations. - Duotech reserves the right to invoice evaluation fees for any orders that have quotes older than 120 days without approval or disposition status. If units remain without approval or disposition for more than 135 days after quote, they shall accrue storage fees, which shall be accordance with Department of Defense Financial Management Regulation Chapter 07. Storage fees shall accrue at a rate of .125 percent of the quoted repair amount per month. If units remain without disposition or approval for over one year, the storage fee shall accrue at a rate of 1.5 percent. Upon approval or disposition, these amounts shall be prorated according to time elapsed since 135 days aged since original quote, and shall be added to final invoice amount.
