The following terms and conditions, any price list or schedule, catalogue, quotation, or invoice from Seller relevant to the sale of the Products and/or Services by Seller to Buyer. Buyer’s acceptance of the Product and/or Services will manifest Buyer’s assent to these terms and conditions. If Seller and Buyer have a written agreement in effect that covers the sale of the Product and/or Services, that agreement will govern the terms and conditions of sale exclusively.
All orders are subject to product availability and acceptance by Seller. All orders must have scheduled delivery dates. Any purchase order with a balance is unscheduled will be subject to Seller’s standard lead-time.
Prices in general are dependent on volume of the particular items purchased, terms of payment, and the credit worthiness of the Buyer, and are subject to change without prior notice. Price is subject to change without notice and does not include packing and freight.
All orders are F.O.B. shipping point, all shipping costs and insurance, as applicable, shall be added to the purchase price and shall be paid by the Buyer. Unless otherwise instructed by Buyer, Seller will exercise its own judgment in the method of shipment.
Reschedule for Standard Products only
Products scheduled to ship within 30 days may be rescheduled. All standard products must be taken within 60 days of the original scheduled date. Once an originally scheduled date is rescheduled, it may not be rescheduled again.
a. Special / Modified products: no cancellation will be allowed (100% cancellation fee)
b. Standard products:
I. No charge within 3 days of the ordering day
II. 20% cancellation fee will be charged within 7 days of the ordering day
III.30% cancellation fee will be charged within 15 days of the ordering day
IV.50% cancellation fee will be charged within 30 days of the ordering day
Limited Warranty, Limitation of Liability and Remedy
a. Limited Warranty and Remedy. EXCEPT AS PROVIDED HEREIN, SELLER EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND THE WARRANTY WHICH FOLLOWS IN LIEU OF ANY AND ALL OTHER OBLIGATIONS OR LIABILITY ON SELLER'S PART.
b. Seller warrants that it will repair or replace, at Seller's option, for any defective product because of defects in material, workmanship, which defect is discovered within warranty. This limited warranty does not extend to conditions causing the defect by Buyer such as misuse; neglect; improper installation; improper operation; inadequate maintenance, repair or alteration of the product; or unusual deterioration or damage to the product due to environment where used. Nor does said warranty cover accidental damage to the product. To have this warranty apply (1) the products should be in warranty (2) the products shall be installed, used and maintained according to Seller's instructions and guidelines, if any, and (3) no modification to the products shall be made after shipment without written authorization from Seller.
c. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL SELLER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS, DAMAGE OR EXPENSE OF ANY KIND, INCLUDING LOSS OF PROFITS, ARISING IN CONNECTION WITH THIS CONTRACT OR WITH THE USE OF OR INABILITY TO USE SELLER'S PRODUCTS FURNISHED UNDER THIS CONTRACT. SELLER'S MAXIMUM LIABILITY SHALL NOT EXCEED AND BUYER'S REMEDY IS LIMITED TO REPAIR OR REPLACEMENT OF THE DEFECTIVE PART OF PRODUCT.
d. Return of Product to Seller. Seller must be contacted and issue a return material authorization (RMA) Number prior to any product return, to assure receipt and proper credit. Any order returned to the Seller without an approved RMA Number will not be accepted.
RMA (Buyer should follow below procedure to return defective goods)
a. Buyer must notify Seller in writing within the warranty period of any defect or non-conformity in the goods, by completing Seller’s Return Merchandise Application form (RMA).
b. Buyer must obtain authorized and an RMA number from Seller to return the defective goods
c. Buyer must pay for one-way shipping costs, additionally, acceptance of returned goods are subject to Seller’s examination of such goods, or verify that the defect or non-conformity or difficulty was not in any way caused the negligence, improper installation, misuse or unauthorized repair of the goods. Seller may refuse acceptance of returned goods that do not follow this procedure.
a. Customer should compensate, protect and ensure ARCH away from the following jeopardy: All and any kind of obligation, loss, expense, lien, claim, etc. caused by negligence or misconduct of customer, and his team member, agent, employee, contractor or assignee.
b. We do best to ensure the exactness of information on the catalogue. If there’s any discrepancy in the specification sheet & catalog, the former should be given precedence over all others.
c. For continuous product improvement, ARCH reserves the right to revise any information on catalogue & specification sheet without any prior notice.
d. The action to be strictly recommended that customers manage a sample test for evaluation and approval before placing formal order.