Sales Terms and Conditions
- All quotations and sales by Duotech Services, Inc (DSI) are subject to DSI’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 DSI 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 DSI is warranted against defects in material or workmanship for one (1) year from the date of shipment from DSI. 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.
- DSI considers asset cannibalization as normal activity during the repair process. DSI shall not be liable for the value of cannibalized components.
- DSI warrants the item to the original purchaser (Buyer) of the repair/overhaul. DSI’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 DSI 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% 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. DSI 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, DSI 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, DSI 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 DSI, additional or differing terms or conditions proposed by customer or included in customer’s acknowledgment are objected to by DSI 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.
- Compliance with United States Laws
Buyer shall comply with all applicable United States statutes and government rules, regulations and orders including those pertaining to United States export laws and regulations.
- United States Export Laws and Restrictions
Buyer will not transfer or re-export purchased product in its original form or as incorporated into other products without obtaining required United States authorization and certifies that purchased product will not be used in or sold/transferred for use in nuclear, chemical/biological or missile technology products nor for use by a U.S.-sanctioned country or company.
- Sale and Shipment to Foreign Destination-United States Export License (Seller Obligation)
Seller will at Buyer’s request apply for and use its best efforts to obtain any required United States Government license to permit export from the United States of product being purchased by the Buyer. Nothing herein contained shall be construed as imposing an obligation on Seller to obtain required United States export licensing authority related to the product being purchased by the Buyer from the Seller.
- Sale and Shipment to U.S. Destination- United States Export License (Buyer Obligation)
Buyer shall obtain all required U.S. authorizations including export licenses to permit the U.S. export of product being purchased by Buyer from Seller.
- Compliance with United States Laws
- If purchaser fails to accept products or materials within seven (7) calendar days of expected or contracted delivery, or otherwise does not make arrangement for the pick-up of said products or services, DSI shall charge an annual fee equal to 1.5% of the purchase price, prorated at 0.125% per month or 0.03125% per week, billable in weekly increments.