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Electronics Production Specialist Since 1973

888-326-2678

Terms and Conditions


1. ACCEPTANCE AND TERMS AND CONDITIONS. SELLER’S ACCEPTANCE OF BUYER’S PURCHASE ORDER IS EXPRESSLY LIMITED TO AND CONDITIONAL UPON THE TERMS AND CONDITIONS CONTAINED HEREIN.
By submitting its Purchase Order to Seller, Buyer agrees and assents to all such terms and conditions. Any proposals submitted by Buyer which vary such terms and conditions or which propose additional terms shall not become a part of the Agreement unless expressly approved by Seller in writing. Reference herein to any such offer to sell, quotation or proposal shall not in any way constitute a modification of any of these terms and conditions of sale, unless otherwise stated in our quotation.

2. PRICES. Prices quoted are net prices. FOB: West Caldwell, NJ

3. TERMS. Standard payment terms are 40% upon order, 40% upon delivery and 20% upon final acceptance unless stated otherwise on the quotation.

4. CANCELLATION. Orders accepted by Fancort Industries can be canceled in whole or in part only with written consent of Fancort, and only after reimbursement for all applicable costs incurred and a reasonable allowance for profits.

5. WARRANTY. Subject to the limitations and conditions set forth below. Seller warrants to the Buyer that the equipment under normal conditions and use will be free from defects in material and workmanship (the “Warranty”). This Warranty extends only to the original purchaser and is not transferable. The provisions of this Warranty commence on the day of delivery and continue for a period of twelve (12) months.

6. LIMITATIONS OF WARRANTY. The Warranty does not include replacement of bearings, valves, seals and electrical components, etc. since independent manufacturers supply these components. The Warranty does not apply to, or include coverage for, defects attributable to:

  • Normal wear and tear
  • Negligence, misuse or neglect
  • Failure to comply with instructions for use or maintenance of the machine as instructed by Seller and/or as set forth in the operating instructions.

For robotic screw fastening applications, the Warranty is not applicable unless Buyer uses parts free of burrs and flash. All parts musts clean, dry and to part print specifications. Damaged parts or malformed parts will cause jams and a loss of feed rate requiring manual intervention to clear.

For Component Preparation Services, Fancort is not liable for damaging your parts.

7. EXCLUSIVE REMEDY OF BUYER. During the Warranty period, the Seller will, as the exclusive remedy under the Warranty, repair or replace at no charge to the Buyer, any part of parts returned to the Seller during the Warranty Period, which do not conform to the above Warranty.

8. SERVICE ASSISTANCE.
Travel time from Fancort to a customer’s facility and return will be calculated at $90/hour. Service performed for the customer will be calculated as follows:

SERVICE WEEKDAYS SATURDAY SUNDAY
First 8 hours $162.50/hr $175/hr $200/hr
Over 8 hours $175/hr    

In addition to the daily rate, the purchaser will agree to compensate for all actual travel and living expenses incurred by the Fancort employee from the time he leaves his home base to the time of his return to that base. All requests for field service must be confirmed by a purchase order. Materials and replacement parts are not included in the aforementioned rates. These will be replaced at the usual cost of individual items.

INSTALLATION AND TRAINING are billed at $1300 per day with a minimum of one day and travel time is included in installation. For example, billing for three days of installation might include a day of travel, one half to the customer site, and one half for the return. This might also involve a full day of travel.

TRAVEL EXPENSES ARE BILLED AT COST

9. SHIPPING AND DELIVERY. Unless otherwise provided in the Purchase Order or in any other agreement between Buyer and Seller, time shall NOT be of the essence with respect to any delivery or work schedule hereunder. Seller will make every reasonable effort to maintain the shipping schedule agreed upon at time of order acknowledgement but cannot be responsible for delays beyond Seller’s control.

10. INDEMNITY. Buyer agrees to indemnify the Seller, its agents, and employees, and to hold each of them forever harmless from and against all suits, actions, legal or administrative proceedings, claims, demands, judgments, liabilities, interest, attorney fees, costs and expenses of any kind or nature whatsoever which are in any manner directly or indirectly caused, occasioned or contributed to by reason of acts, omissions, negligence or breach of the Buyer, or of anyone acting under its direction, control, or on its behalf in connection with or as incident to the goods or services furnished by Seller to Buyer.

11. ASSIGNMENT. Buyer shall not assign in any manner to any other person the performance of any of its duties hereunder without the written consent of the Seller.

12. DELEGATION. Seller is entitled to delegate or subcontract the design and/or manufacture of all or part of the goods subject to the Purchase Order.

13. TITLE. Upon receipt of full payment by Seller, title to the equipment shall pass immediately from Seller to Buyer.

14. TAXES. Any applicable taxes shall be the responsibility of the Buyer. Except as otherwise may be noted on the face of the Purchase Order, the price of any item does NOT include any of the applicable federal, state and local taxes in effect on the Purchase Order date.

15. GOVERNING LAW. The rights and obligations of the parties to this Purchase Order shall be governed by the laws of the State of New Jersey and its Uniform Commercial Code.

16. GOVERNING FORUM. Any and all claims, arbitrations or other action by or Between the parties arising out of their rights hereunder shall be commenced and proceed in the State of New Jersey.

17. Fancort industries, Inc has made reasonable efforts to determine that no slavery, servitude, forced or compulsory labor, and human trafficking (including North Korean nationals or citizens) has been involved in the mining, production or manufacturing, wholly or in part, of any significant goods, wares, articles and merchandise (including parts and components therefor).

18. Fancort industries, Inc has communicated to its suppliers the restrictions on the use of slavery, servitude, forced or compulsory labor, and human trafficking (including North Korean citizens or nationals).

19. COMPLETE AGREEMENT. The terms and conditions contained in this Purchase Order are the complete and exclusive statement of the terms of the agreement between Buyer and Seller and no agreement or other understanding in any way purporting to modify the terms and conditions hereof shall be binding upon Seller unless made in writing, dated subsequently and signed by Sellers authorized representative.


For more information, contact:

Info@fancort.com
888-326-2678