All quotations and sales by B. J. Wolfe Enterprises, Inc. (BJWE) are subject to these terms and conditions and those on the front of this document.
1. Orders will be initiated by Customer issuing a purchase order (“Order”) to BJWE. Purchase Order will identify the products, unit quantities, part numbers, descriptions, applicable prices and requested delivery date. Orders are subject to BJWE’s acceptance and to these Terms and Conditions. BJWE receives written Notice of cancellation may be accepted by BJWE in its sole discretion, which acceptance may be subject to charge determined by BJWE. Customer requests to reschedule are subject to acceptance by BJWE in its sole discretion. Orders may Not be canceled or rescheduled after delivery by BJWE to the carrier. Customer may Not cancel rescheduled orders, orders for Non-standard products, products Not customarily in stock, orders for value-added products and products identified as “NCNR” or otherwise Non-cancelable and Non-returnable. Product specifications and availability are subject to change without prior Notice.
2. Except as otherwise sent forth on the front of this document, terms of payment are net 30 days from invoice date; prices are FOB BJWE’S facility and prices do Not include any taxes, freight, handling, duty or other similar charges, payment which will be the sole responsibility of customer. Freight charges may be constructed on the basis of standard carrier tariffs and may Not reflect actual transportation costs. BJWE reserves the right to modify terms prior to shipment, require payment in advance, or delay or cancel any shipment or order by reason of customer’s creditworthiness or should customer fail to fulfill any obligation when due.
3. In absence of prior agreement as to shipping, BJWE may select a carrier. BJWE’s responsibility for any loss or damage ends, and title passes, when products are delivered to the carrier, to customer, or to customer’s agent (including, without limitation, any test house or value added service provider), whichever occurs first. Customer will pay for storage charges if products are held by BJWE at customer’s request pending instructions or rescheduled delivery.
4. BJWE warrants those products assembled or customized by it against defect caused solely by fault assembly or customization for 90 days after delivery. All other products, and the components and materials utilized in any assembled or customized products, are covered by, and subject to, the terms, conditions, and limitations of the manufacturer’s standard warranty, which warranty is expressly in lieu of any other warranty, express or implied, of or by BJWE or the manufacturer. Customer’s exclusive remedy, if any, under these warranties is limited, at BJWE’s election, to any one of (a) repair by BJWE or manufacturer of any products found to be defective, (b) replacement of any such product, or (c) refund of life value of warranty or purchase price. Customer acknowledges that except as specifically set forth or referenced in this paragraph, THERE ARE No REPRESENTATIONS OR WARRANTIES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, IN ADVERTISING MATERIALS, BROCHURES, OR OTHER DESCRIPTIVE LITERATURE) BY BJWE OR ANY OTHER PERSON, EXPRESS OR IMPLIED, AS TO THE CONDITION OR OTHERWISE. BJWE ASSUME No RESPONSIBILITY OR LIABILITY WHATSOEVER FOR MANUFACTURER’S PRODUCT SPECIFICATION OR THE PERFORMANCE OR ADEQUACY OF ANY DESIGN OR SPECIFICATION PROVIDED TO BJWE BY OR ON BEHALF OF CUSTOMER. Use of the customer’s part number on this document or on any products is for convenience only and does Not constitute any representation by BJWE with respect to the performance, specifications, or fitness of any part for any purpose.
5. Products are deemed accepted by customer unless customer Notifies BJWE in writing within ten (10) days of delivery of product shortages, damage, or defect. No returns may be made for any reason without a Return Authorization Number and/or form issued by BJWE.
6. BJWE will Not be liable for any failure or delay in its performance or in the delivery or shipment of products, or for any damages suffered by customer by reason of such failure or delay, when such failure or delay is caused by, or arises in connection with, any fire, flood, accident, riot, earthquake, severe weather, war, governmental interference or embargo, strike, shortage of labor, fuel, power, materials or supplies, delay in delivery by BJWE’s supplier or any other cause or causes beyond BJWE’s reasonable control. BJWE reserves the right to cancel without liability any order, the shipment of which is or may be delayed for more than thirty (30) days by reason of any such cause.
7. All quotation and sales are made only upon these terms and conditions and those on the front of this document. This document and Not any purchase order or other customer document (which, if construed to be an offer is hereby rejected), will be deemed an offer or counter-offer, and is a rejection of any other terms or conditions. Customer, by accepting any products, making any payments or ordering any products having previously received these terms and conditions, will be deemed to have assented to these terms and conditions, Notwithstanding any terms contained in any prior or later communications from customer and whether or Not BJWE will specifically or expressly object to any customer’s terms. BJWE’s failure to object to any document, communication, or act of customer will Not be deemed a waiver of any of these terms and conditions. Any addition or change to these terms and conditions must be specifically agreed to in writing by a duly authorized office of BJWE before becoming binding on BJWE.
8. Products may be subject to export or resale restriction or regulation, and customer acknowledges that it will comply with such restrictions and regulations. Products may have been imported. Any statement as to product country of origin or compliance with applicable law (including, without limitation, that products are lead-free or RoHS compliant) is as provided to BJWE by its supplier and BJWE does Not warrant its accuracy and will Not be liable for any error with regard to same. Customer uses such information at its own risk.
9. No order may be returned, cancelled, reschedule or reconfigured without BJWE’s prior written authorization, and in such event, customer will be liable for a restocking fee and any additional costs and expenses incurred by BJWE. Prices are subject to change by BJWE upon customers rescheduling or reconfiguration of orders.
10. If statements or advise, technical or otherwise, is offered or given to Customer, such statements or advise will be deemed to be given as an accommodation to Customer and without charge and BJWE will have No responsibilities whatsoever for the content or use of such statements or advise.
11. Products are intended for commercial use only. Products sold by BJWE are NOT recommended or authorized for use in life support, surgical implantation, or nuclear applications. BJWE Customer using or selling Products for use in surgical implantation or nuclear applications do so at their own risk, agree that BJWE and the manufacturer of the Products are Not liable, in whole or part, for any claim or damage arising from such use, agree to fully indemnify, defend and hold harmless BJWE and the manufacturer of the Products from and against any and all claims, damages, loss, expense or liability arising our of or in connection with the use or performance of Products in surgical implantation or nuclear application.
12. Except for warranty coverage referenced in paragraph 3, above, NEITHER BJWE NOR ITS SUPPLIERS WILL HAVE ANY LIABILITY OR OBLIGATION TO CUSTOMER OR ANY OTHER PERSON FOR ANY CLAIM, LOSS, DAMAGE, OR EXPENSE CAUSED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, BY THE INADEQUACY OF ANY PRODUCTS FOR ANY PURPOSE, BY ANY DEFICIENCY OR DEFECT IN ANY PRODUCT (WHETHER OR NOT COVERED BY ANY WARRANTY), BY THE USE OR PERFORMANCE OF ANY PRODUCTS OR BY ANY FAILURE OR DELAY IN BJWE’S PERFORMANCE HEREUNDER, OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR LOSS OF BUSINESS OR PROFIT, WHETHER OR NOT CUSTOMER WILL HAVE INFORMED BJWE OF THE POSSIBILITY OR LIKELIHOOD OF ANY SUCH DAMAGES.
13. If an order includes computer software, such computer software is transferred by BJWE to Customer pursuant to a single user license, the royalty, terms and conditions of which are set forth on or in the packaging accompany such software. BJWE makes No representation or warranty with respect thereto and will have No liability in connection therewith. Customer agrees to comply with all requirements with regard to proprietary and similar rights in and to any intellectual property (including any requirement to enter into a separate license agreement and prohibitions against duplicating or disclosing the same). Customer will indemnify BJWE against and hold it harmless from any and all liability, cost or expense arising from a breach or purported breach of the requirements described in this section.
14. BJWE makes every effort to ensure the accuracy of the information published in our catalogs and our Internet site. However, all Product specific information is provided to BJWE by the manufacturers, who are solely responsible for it contents and its accuracy. The documents and graphics published may contain technical inaccuracies or typographical errors. BJWE makes No representation about the information and graphics presented. All such documents and graphics are provided “as-is” without warranty of any kind.
15. BJWE accepts orders from other countries. All orders of international origin are exported from the U.S. in accordance with Export Administration Regulations. All taxes, duties, insurance, shipping charges, and other international charges and fees are the responsibility of the Customer. Terms of payment on export orders are cash or credit card. Cash orders in U.S. dollar will be accepted for immediate processing.