Terms & Conditions

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DONTECH INCORPORATED
TERMS & CONDITIONS OF SALE

The following terms and conditions apply for all products produced by Dontech Incorporated (“Dontech”), having its primary place of business at 700 Airport Boulevard, Doylestown, PA 18902, USA. If any of the following items are the subject of the terms and conditions of the Customer, then Dontech hereby takes the following exceptions to such terms and conditions:

  1. Dontech will inspect and package all products in accordance with procedures established by Dontech and, if required, with changes requested during a site inspection and or by written instruction as agreed to by Dontech.
  2. The freight carrier will be responsible for loss or damage during transit absolving Dontech of any and all liability.
  3. Claims will only be processed within seven (7) working days of shipment for material shortages, and thirty (30) days for defective products. Written approval with return instructions must be obtained from Dontech before return shipment to Dontech. No return shipment, under any circumstances, will be received without a return material authorization number (RMA).
  4. If events beyond Dontech control such as fires, strikes, availability of materials, subcontractor performance and all other causes beyond our control occur, Dontech will not be held liable if agreements and quotations whether written or verbal are not up-held. Any revisions or changes subsequent to those agreed upon in the original quotation will automatically void entirely the original quotation.
  5. The prices stated herein pertain to the release quantities for each shipment and will be effective for thirty (30) days. Release beyond ninety (90) days of purchase order date resulting from a Dontech quotation may be increased due to product price trends at that time.
  6. All Dontech shipments may be increased or reduced by ten (10) percent due to the custom aspect of Dontech products. Cancellation by the purchaser of any order entitles Dontech to payment for all set up charges, finished products, and work in process, pertaining to the order.
  7. When products are manufactured to purchaser’s explicit one or more drawings, specifications, designs or models not developed or specifically directed or suggested by Dontech, the purchaser assumes full and all responsibility for every and all legal fees, penalties, expenses, losses, costs, and other damages incurred from United States or Foreign patent infringement or alleged patent infringement. The purchaser, at his expense, agrees to defend any suit arising from infringement, or alleged infringements, and also agrees to indemnify and save Dontech and it’s vendors harmless from all such expenses, liabilities, costs, losses, damages or penalties due to infringement or alleged infringement from any person, persons, corporations whether or not the before mentioned, assert such rights pertaining to United States or Foreign patents directly against Dontech or it’s successor, provided seller is notified of such claims or actions against buyer. This form negates any and all forms or contracts whether or not expressly implied and submitted to Dontech by the purchaser pertaining to patent infringement liabilities or alleged infringements.
  8. Buyer shall not have the right to use and or reproduce Dontech literature, technical publications, engineering drawings, patents and other similar supporting data unless specifically granted in writing by a manager of Dontech.
  9. Purchaser assumes all liability for performance failure when products are produced to purchaser’s drawings, designs. Purchaser assumes all liability for defects after assembly of a Dontech filter on an instrument, device, or other electronic component. Purchaser assumes all liability for all performance failures when the parts contracted have been previously supplied by Dontech or first article(s) has/have been supplied by Dontech and customer accepted or did not process a return claim with Dontech within thirty (30) of shipment then all shipments produced consistently or equivalently with the first article(s) or initial shipment.
  10. Dontech assumes no liability for injury or death due to CRT failure such as, but not limited to, Implosion. Dontech filters under any conditions or circumstances are not to be considered Implosion protection devices of any measure unless explicitly agreed to in writing by Dontech. Death or injury caused by omission or a defect in Dontech goods or services without limitation will by agreement herein be the responsibility of the purchaser who will indemnify and save Dontech harmless from all claims, costs, damages, losses, expenses and liabilities.
  11. Title to and all risk of loss of all goods sold hereunder shall pass to Buyer upon delivery F.O.B. Dontech’s originating plant to an agent of the Buyer, which shall be deemed to include a common carrier engaged by either Customer or Dontech. Invoice terms are assigned at time of purchase.
  12. Technical data in connection with the goods sold hereunder has been previously developed at Dontech’s sole expense and is valuable and proprietary to Dontech. Dontech will deliver, if expressly required by this contract, only specified form, fit and function data and manuals or specified instructional training material for use in the installation, operation, maintenance or repair of goods sold hereunder.
  13. Dontech deems its manufacturing areas to contain and embody proprietary and confidential information, previously developed at the sole expense of Dontech. Therefore, access to Dontech’s manufacturing areas is restricted to specified employees of Dontech only.
  14. Dies, molds and special tooling, if made and procured by Dontech for production of goods under this contract, embody trade secrets and confidential and proprietary data of Dontech developed at its sole expense. Any fee charged for such special tooling does not include allocation of research, engineering, production, or administrative charges for the development of the above-referenced trade secrets and proprietary data. Dontech does require that Customer pay a fee to defray the costs associated with making or procuring such special tooling. Dontech agrees to use such tooling exclusively for producing goods for Customer and shall use reasonable care to identify and maintain the tooling. The special tooling shall, however, remain at all times in the exclusive possession of Dontech as its confidential and proprietary property.
  15. Dontech Blemish Specification submitted to the Customer’s Purchasing Agent and/or Engineering Department and/or Quality Control personnel shall be binding to both the Customer and Dontech unless otherwise agreed to in writing by both parties prior to manufacture.
  16. A finance charge of 1-1/2% per month (18% annual rate) will be applied against unpaid balances after 30 days.
  17. WARNING: The hardware components or technical data associated with this offer or performance of a resulting purchase contract may be subject to the International Traffic in Arms Regulations (ITAR) or the Export Administration Regulations (EAR). Export of restricted items to foreign persons or foreign entities inside or outside of the United States may require prior written authorization by the U.S. Department of State or U.S. Department of Commerce. Violations of these export regulations are subject to both civil and criminal penalties.
  18. For Drawing, Purchase Orders or related additional order requirement (i.e. Quality Codes) which requires notification/approval of product/process changes, the definition of what Dontech accepts as a change is as follows:
    Dontech “Change” Definition:
    – A material change is defined as a change to a non-equivalent material. Dontech reserves the right to change sources of distributors and manufacturers who produce materials of equivalent chemical and physical properties.
    – A process change is defined as a change of process which will affect the specified final properties of the end product. The order of operations or the process adjustments needed due to variations in raw material are not considered to be process changes. Dontech processes are considered proprietary and the details concerning the changes made may not be available for review.
    – A tooling change is a change to a tooling design. This does not include the addition of duplicate tooling, changes in quantity per tool of the same design, or tooling changes that do not impact the specified final properties of the end product.
    – An equipment change is defined as using a non-equivalent piece of equipment. This does not include size, location within the facility, or model of equipment as long as it does not affect the specified final properties of the end product.
    – Changes to inspection plan and test process may be modified at Dontech’s discretion to verify compliant parts are being shipped.

 

DONTECH INCORPORATED
WARRANTY

  1. Dontech warrants that at the time of delivery of goods to buyer that goods ordered to drawings, specifications or descriptions will conform substantially thereto will be merchantable and be of good material and workmanship and free of material defects other than those permissible and outlined in the aforementioned Blemish Specification.
  2. Dontech’s liability and Buyer’s remedy under this warranty are limited in Dontech’s discretion to replacement of goods returned to Dontech which are shown to Dontech’s reasonable satisfaction to have been nonconforming or to refund of the purchase price, or, if not paid, to a credit in the amount of the purchase price therefore. Transportation charges for the return of nonconforming goods to Dontech and the risk of loss thereof will be borne by Dontech only if returned in accordance with written instruction from Dontech.
  3. Dontech warrants to Buyer that it will convey good title to the goods sold hereunder. Dontech’s liability and Buyer’s remedy under this warranty are limited to the removal of any title defect or, at the election of Dontech, to the replacement of the goods or any part thereof which are defective in title.
  4. Claims will only be processed within seven (7) working days of shipment for material shortages, and thirty (30) days for defective products. Written approval with return instructions must be obtained from Dontech before return shipment to Dontech. No return shipment, under any circumstances, will be received without a return material authorization number (RMA).
  5. If parts contracted have been source inspected at Dontech by an employee of the Customer, such parts can only be returned to Dontech on a purchase order or no charge shipping authorization, not on a debit basis. The returned parts will then be evaluated by Dontech personnel and Dontech, in its exclusive discretion, will establish the amount of credit, if any, to be given.
  6. If parts contracted have been previously supplied by Dontech or first article(s) has/have been supplied by Dontech and customer accepted or did not process a return claim with Dontech within thirty (30) of shipment then all shipments produced consistently or equivalently with the first article(s) or initial shipment are deemed accepted and compliant by the customer. Such parts can only be returned to Dontech on a purchase order or no charge shipping authorization, not on a debit basis. The returned parts will then be evaluated by Dontech personnel and Dontech, in its exclusive discretion, will establish the amount of credit, if any, to be given.
  7. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY OR MERCHANTABILITY AND THE IMPLIED WARRANT OF FITNESS FOR A PARTICULAR PURPOSE. The remedies of buyer for any breach of warranty shall be limited to those provided herein and for delay or non delivery which is not excusable to the purchase price of the goods in respect of which the delay or non delivery is claimed to the exclusion of any and all other remedies including, without limitation, incidental or consequential damages. No agreement varying or extending the foregoing warranties, remedies or this limitation will be binding upon Dontech unless in writing, signed by a duly authorized officer of Dontech. Any agreement or extension as to the foregoing warranties that is not in writing shall be void and of no force and effect.