Terms and Conditions
The following are the terms and conditions (“Terms and Conditions”) for the sale of products (“Products”) by Olympix Corp. (“we, our, us”) to our customers (“Customers).
1. ORDERS. Orders will be initiated by Customer issuing a purchase order (“Order”) to us. Orders will identify the Products, unit quantities, part numbers, descriptions, applicable prices and requested delivery dates. Orders are subject to our acceptance and to these Terms and Conditions. Customers may, without charge, schedule shipping date no more than sixty (60) days from the date of order placement for in-stock items, or no more than sixty (60) days beyond lead-time for non-stock items. Customers’ request to cancel an order for standard Products may be accepted by us at our sole discretion, which acceptance may be subject to Customer’s accepting a charge determined by us. All cancellations are subject to a minimum 25% restocking charge and return shipments must be preauthorized and returned freight prepaid. Customer’s request to reschedule is subject to acceptance by us at our discretion. Orders may not be canceled or rescheduled after delivery by us to the carrier. Customers may not cancel orders for non-standard Products. Non-standard products include, without limitation, Products which are special orders, custom orders, orders for non-standard products, products not customarily in stock, orders for value-added products, products to be assembled in kit form and products identified as “NCNR” or otherwise non-cancelable and non-returnable. Products specifications and availability are subject to change without prior notice. We reserve the right to limit quantities.
2. PRICES. Orders are billed at the prices (in US currency) in effect at the time of shipment. If Customers do not purchase the quantity upon which quantity prices are based, Customers will pay the non-discounted price for the quantity actually purchased and/or a cancellation or restocking fee. Prices for any rescheduled deliveries may be increased by us in the event of an increase in our prices or costs or causes beyond our reasonable control.
3. TERMS OF PAYMENT. Payments by mean of cash, certified funds (official bank check, certified check, money order or cashier’s check), bank wire transfer or Credit cards in full are required prior to deliveries. Customers may request net term payment arrangement that is subject to credit approval by us, which may in its sole discretion at any time change the terms of Customer's credit or require advance payment or payment by cash, certified funds, wire transfer or Credit cards. If we reasonably believe that Customer's ability to make payments is impaired, we may cancel any order or remaining balance thereof, and Customers will remain liable to pay us for Products already shipped. Customers will submit such financial information as we may reasonably require for determination of credit terms. Checks are accepted subject to collection and the date of collection will be deemed the date of payment. Any check received from Customers may be applied by us against any obligation owing by Customers to us under this or any other contract, regardless of any statement appearing on or referring to such check, without discharging Customer's liability for any additional amounts owing by Customers to us. The acceptance by us of such check will not constitute a waiver of our right to pursue the collection of any remaining balance. Customers will pay the entire net amount of each invoice from us pursuant to the terms of such invoice without offset or deduction. Invoices not paid when due will bear interest to date of payment at the annual rate of eighteen (18%) percent or such lower rate as may be the maximum permitted by law. If Customers fail to make payment when due, we may pursue any legal or equitable remedies, in which event we will be entitled to reimbursement for costs of collection and reasonable attorneys' fees. A $30.00 charge applies to dishonored check payment for any reason by the bank or other institution on which it is drawn. There is a $25.00 fee on all wire transfer payment which must be added per transaction. Credit cards accepted are MasterCard, and Visa.
4. SALES TAX. We are required by law to collect all Federal, State and Local sale, use, excise and similar taxes that apply to a Customer’s shipment. These taxes are in addition to the purchase price of the Products subject to an order. Since laws vary from state to state, please remit the correct tax for your area. If you are exempt from tax, an original signed tax exemption certificate must be sent to us. Without a valid signed tax exemption certificate on file with us, all applicable taxes will be charged to the Customers.
5. DELIVERY AND TITLE. We will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer's requested delivery date(s). Customers acknowledge that delivery dates provided by us are estimates only and that we will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by us unless specifically designated by Customers. All shipments by us are F.O.B. point of shipment from our facility and/or our vendor’s facility and the amount of all transportation charges and fees shall be paid to us by the Customers in addition to the purchase price of the Products. Subject to our right of stoppage in transit, delivery to a carrier will constitute delivery to Customer, and risk of loss will thereupon pass to Customer; however, title shall remain with us until payment in full for the Products by Customers.
6. LIMITED WARRANTY AND LIMITATION OF LIABILITIES. We warrant to Customer that Products purchased hereunder will conform to the applicable manufacturer’s specifications for such Products and that any value-added work performed by us on such Products will conform to applicable Customer’s specifications relating to such work. We make no other warranty, express or implied, with respect to the Products. IN PARTICULAR, WE MAKE NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT. However, we will transfer to Customer whatever transferable warranties and indemnities we receive from the manufacturer of the Products. With respect to Products which do not meet applicable manufacturer’s specifications and with respect to value-added work by us which does not meet applicable Customer’s specifications, our liability is limited (at our election) to (1) refund of Customer’s purchase price for such Products (without interest), (2) repair of such Products, or (3) replacement of such Products; provided, however, that such Products must be returned to us, along with acceptable evidence of purchase, within thirty (30) days from date of invoice, transportation charges prepaid. Further, no warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident or modification, or has been soldered or altered in any way. CUSTOMER SHALL NOT IN ANY EVENT BE ENTITLED TO, AND WE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT BEING LIMITED TO, LOSS OF PROFIT, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, BUSINESS INTERRUPTION COSTS, LOSS OF DATA, REMOVAL/REINSTALLATION COSTS, INJURY TO REPUTATION OR LOSS OF CUSTOMERS. CUSTOMER’S RECOVERY FROM US FOR ANY CLAIM SHALL NOT EXCEED CUSTOMER’S PURCHASE PRICE FOR THE PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. California residents – WARNING: Some of our commercial Products contain chemicals known to the State of California to cause cancer, birth defects, or reproductive toxicity under certain conditions or at certain levels. Our suppliers are responsible for proper identification and labeling of these Products.
7. SHIPMENT DAMAGE. Claims for loss or damage in transit must be made with the carrier by Customer. All shipments should be fully unpacked and inspected immediately upon receipt. It is important to keep the shipping carton, packing material and parts intact for inspection by the carrier’s agent. Visible Loss or Damage: Any external evidence of loss or damage must be noted on the freight bill or carrier’s receipt and signed by the carrier’s agent. Failure to do this will result in the carrier refusing to honor the claim. For your protection our billing includes insurance for damage or loss in transit. Concealed Loss or Damage: If damage is not discovered until the shipment is unpacked, make a request for inspection by the carrier’s agent and file a claim with the carrier.
8. LIMITATIONS OF USE. Products are intended for commercial use only. Products sold by us are not authorized for use in life support, life sustaining, surgical implantation, aircraft, nuclear applications or other applications in which the failure of such Products could result in personal injury, loss of life or catastrophic property damage. Our Customers using or selling Products for such use do so at their own risk, agree that we and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use, and agree to fully indemnify, defend and hold harmless us and the manufacturer of the Products from and against any and all claims, damages, loss, cost, expense or liability arising out of or in connection with such use.
9. STATEMENTS AND ADVICE. If statements or advice, technical or otherwise, is offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge and we will have no responsibilities or liabilities whatsoever for the content or use of such statements or advice.
10. SOFTWARE. If an order includes computer software, such computer software is transferred by us to Customer pursuant to a single user license, the royalty, terms and conditions of which are set forth on or in the packaging accompanying such software. Unopened software may be returned for credit. Opened software may not be returned unless defective.
11. FORCE MAJEURE. We will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond our reasonable control, including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fire, strikes, floods, severe weather conditions, computer interruptions, terrorism and events related to such acts, epidemics, quarantine restrictions, riots, or war. our time for delivery or performance will be extended by the period of such delay or we may, at our sole option, cancel any order or remaining part thereof without liability by giving notice to Customers.
12. GENERAL. The Terms and Conditions may not be modified or cancelled by Customers without our written agreement. The sale of Products hereunder will be governed by the Terms and Conditions, notwithstanding contrary or additional terms and conditions in any order purchase order, planning schedule, acknowledgment, confirmation or any other form or document issued by either party effecting the purchase and/or sale of Products. No rights, duties, agreements or obligations hereunder may be assigned or transferred by Customers without the prior written consent of ours. The obligations, rights, terms and conditions hereof will be binding upon and inure to the benefit of the parties hereto and their successors and permitted assigns. The waiver of any breach of any term, condition or covenant hereof or default under any provision hereof will not be deemed to constitute a waiver of any other term, condition, or covenant contained herein or of any subsequent breach or default of any kind or nature. Any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof in that jurisdiction or affecting the validity or enforceability of such provision in any other jurisdiction. The Terms and Conditions will be governed by and construed in accordance with the laws of the state of New Jersey and the applicable laws of the United States. Customer will not directly or indirectly export, re-export, sell or transfer any Product to any country for which an export license or other governmental approval is required without first obtaining all licenses and other approvals. We hereby disclaim any interest in the trademarks, trade names, service marks, logos, copyrights, patents, domain names and other intellectual property of third parties. We reserve the right to change these Terms and Conditions at any time and from time to time without notice to Customer. Customer acknowledges and agrees that it is his responsibility to review these Terms and Conditions periodically and to be aware of any modifications or revisions.
14. INTERNATIONAL ORDERS. We accept orders from other countries. All orders of international origin are exported from the U.S. in accordance with Export Administration Regulations and/or the Office of Foreign Assets Control regulations. Although we accept such orders, we make no representation that Products are appropriate or available for use in locations outside the United States of America, and/or legal. Those who choose to order with us from outside the United States of America do so by their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made available by us is void where prohibited. All taxes, duties, insurance, shipping charges, and other international charges and fees are the responsibility of the Customer. Minimum order is $1000.00.