LightForm_Logo
Copyright © LightForm Inc, 2017
LightForm Inc: Pioneering Analytical Hyperspectral Microscopy Since 1996
1. Terms of Payment: Unless otherwise specified, payment shall be made in full within 30 days from invoice except in those cases where LightForm has specified, in writing, alternate arrangements. A service charge of 2.0 percent (2.0%) per month, or part of a month, will be added to balances extending beyond 30 days. No installation (where applicable) will begin until all monies due have been received. 2. Title:  Title to goods will remain in Seller until the price specified has been paid.  It is the Purchaser’s responsibility to provide insurance once the goods are turned over to a carrier. 3. Delivery shall be FOB Asheville, NC, USA unless otherwise specified.  Purchaser shall pay for all delivery and handling charges. 4. Inspection at factory: Orders are accepted based on inspection at Seller’s factory. If purchaser does not inspect the merchandize at Seller’s plant, Seller will furnish a report to Purchaser that the merchandise was inspected and tested and was found to have met specifications. 5. Shipment: Unless otherwise specified, merchandise ordered will be shipped from seller’s plant within 12 weeks of receipt of order. 6. Quotation and Prices: Unless otherwise specified, this quotation is firm for thirty (30) days. 7. Cancellation: An order once placed with and accepted by Seller can be cancelled only upon Seller’s written agreement. 8. Warranty: LightForm Inc. warrants for a period of one year, beginning at date of delivery of the instrument or as described below, that all components manufactured by LightForm will be free of defect in materials and workmanship.  Delivery shall normally be by UPS next day or equivalent service. Unless otherwise listed in this quotation, and notwithstanding the above, a warranty period of only ninety (90) days shall apply to data processing equipment included as part of the system, such as computer, frame grabbers, Camera ISA cards, disk drives, and the like. LightForm makes no warranty with respect to components that by their nature, are normally required to be replaced periodically, consistent with normal use or maintenance, or as listed elsewhere in this quotation.   This warranty shall not apply to any LightForm manufactured components that have been repaired or altered by anyone not authorized by LightForm in writing. The warranty shall not apply to any components subjected to misuse due to common negligence, adverse environmental conditions (refer to pre-installation guide, if appropriate), or accident, nor to any components which are not operated in accordance with the printed instructions in the operation manual or good engineering practice. Time, materials, and expenses shall be billed to the purchaser at the rates then in affect for non-contract customers on any repairs or replacement not covered by this warranty.   All defective items replaced pursuant to the above warranty become the property of LightForm.  The cost of shipping both defective items and replacements, therefore, shall be the responsibility of Purchaser. THIS WARRANTY IS GIVEN EXPRESSLY IN LIEU OF ALL WARRANTEES OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR OTHERWISE.  WARRANTIES, OR IMPLIED CORRECTION OF NONCONFORMITIES IN THE MANNER AND FOR THE PERIOD OF TIME PROVIDED ABOVE, SHALL CONSTITUTE FULFILLMENT OF ALL LIABILITIES OF LIGHTFORM WHETHER BASED ON CONTRACT NEGLIGENCE OR OTHERWISE WITH RESPECT TO, OR ARISING OUT OF SUCH SYSTEM.   THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND LIGHTFORM SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES. 9. Delivery:  Seller will use every reasonable effort to ship on or before the date indicated.  Seller shall not be liable for delay in performance or inability to perform occasioned by any unforeseen conditions including but not limited to strike embargo, government regulation, or inability to obtain materials.  If performance by Seller is delayed by reason thereof, Seller shall notify Purchaser, and time and performance shall be extended for the period of such contingency. 10. Remedies of Purchaser: The Purchaser may cancel an order if the Seller has materially breached this contract and any money paid to date shall be reimbursed.  The foregoing shall be the exclusive remedy of Purchaser for any breach of Seller. 11. Remedies of Seller: If the Purchaser fails to pay the price as it becomes due or wrongly rejects acceptance of the merchandize hereunder or any part thereof, then the Seller shall have the right to recover, in addition to the purchase price of the said merchandise, all costs incurred by the Seller in recovering monies due.  In addition to the foregoing and all other remedies that the Seller may have hereunder or by law, that without notice (1) may bill and declare due and payable all undelivered products under this or any other contract with the Seller and/or (2) may defer shipment hereunder and under any other contract until such default, breach or repudiation is removed and/or may cancel any undelivered portion of this and/or (3) any other contract in whole or in part (the Purchaser remaining liable for damages). 12 Ability of Seller to perform: Seller has the option to reject or cancel an order with no penalty if for any reason it becomes impractical or impossible to manufacture the ordered product. 13  Acceptance limited: The sole method of acceptance shall be the affixing of an authorized signature to this contract or the placing of a purchase order and subsequent acceptance by LightForm.  Any attempt to alter the terms of this writing shall be a nullity unless agreed in writing by the Seller. 14. Copying or Replication of Products: All products, including software, are for the customer’s sole and individual use, and may not be copied or replicated.  Purchaser shall be liable for all damages, including loss of anticipatory profits, incurred by Seller as a result of such conduct. 15. Entire agreement: This contract contains the final and entire agreement between Seller and Purchaser and under no understanding, representations, agreements, modifications alterations or additions shall be effective unless agreed in writing by Seller and Purchaser. 16. North Carolina USA law shall control this contract.
LightForm Standard Terms and Conditions of Sale
LightForm_Logo
Copyright © LightForm Inc, 2017
LightForm Inc: Pioneering Analytical Hyperspectral Microscopy Since 1996
1. Terms of Payment: Unless otherwise specified, payment shall be made in full within 30 days from invoice except in those cases where LightForm has specified, in writing, alternate arrangements. A service charge of 2.0 percent (2.0%) per month, or part of a month, will be added to balances extending beyond 30 days. No installation (where applicable) will begin until all monies due have been received. 2. Title:  Title to goods will remain in Seller until the price specified has been paid.  It is the Purchaser’s responsibility to provide insurance once the goods are turned over to a carrier. 3. Delivery shall be FOB Asheville, NC, USA unless otherwise specified.  Purchaser shall pay for all delivery and handling charges. 4. Inspection at factory: Orders are accepted based on inspection at Seller’s factory. If purchaser does not inspect the merchandize at Seller’s plant, Seller will furnish a report to Purchaser that the merchandise was inspected and tested and was found to have met specifications. 5. Shipment: Unless otherwise specified, merchandise ordered will be shipped from seller’s plant within 12 weeks of receipt of order. 6. Quotation and Prices: Unless otherwise specified, this quotation is firm for thirty (30) days. 7. Cancellation: An order once placed with and accepted by Seller can be cancelled only upon Seller’s written agreement. 8. Warranty: LightForm Inc. warrants for a period of one year, beginning at date of delivery of the instrument or as described below, that all components manufactured by LightForm will be free of defect in materials and workmanship.  Delivery shall normally be by UPS next day or equivalent service. Unless otherwise listed in this quotation, and notwithstanding the above, a warranty period of only ninety (90) days shall apply to data processing equipment included as part of the system, such as computer, frame grabbers, Camera ISA cards, disk drives, and the like. LightForm makes no warranty with respect to components that by their nature, are normally required to be replaced periodically, consistent with normal use or maintenance, or as listed elsewhere in this quotation.   This warranty shall not apply to any LightForm manufactured components that have been repaired or altered by anyone not authorized by LightForm in writing. The warranty shall not apply to any components subjected to misuse due to common negligence, adverse environmental conditions (refer to pre-installation guide, if appropriate), or accident, nor to any components which are not operated in accordance with the printed instructions in the operation manual or good engineering practice. Time, materials, and expenses shall be billed to the purchaser at the rates then in affect for non- contract customers on any repairs or replacement not covered by this warranty.   All defective items replaced pursuant to the above warranty become the property of LightForm.  The cost of shipping both defective items and replacements, therefore, shall be the responsibility of Purchaser. THIS WARRANTY IS GIVEN EXPRESSLY IN LIEU OF ALL WARRANTEES OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR OTHERWISE.  WARRANTIES, OR IMPLIED CORRECTION OF NONCONFORMITIES IN THE MANNER AND FOR THE PERIOD OF TIME PROVIDED ABOVE, SHALL CONSTITUTE FULFILLMENT OF ALL LIABILITIES OF LIGHTFORM WHETHER BASED ON CONTRACT NEGLIGENCE OR OTHERWISE WITH RESPECT TO, OR ARISING OUT OF SUCH SYSTEM.   THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND LIGHTFORM SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES. 9. Delivery:  Seller will use every reasonable effort to ship on or before the date indicated.  Seller shall not be liable for delay in performance or inability to perform occasioned by any unforeseen conditions including but not limited to strike embargo, government regulation, or inability to obtain materials.  If performance by Seller is delayed by reason thereof, Seller shall notify Purchaser, and time and performance shall be extended for the period of such contingency. 10. Remedies of Purchaser: The Purchaser may cancel an order if the Seller has materially breached this contract and any money paid to date shall be reimbursed.  The foregoing shall be the exclusive remedy of Purchaser for any breach of Seller. 11. Remedies of Seller: If the Purchaser fails to pay the price as it becomes due or wrongly rejects acceptance of the merchandize hereunder or any part thereof, then the Seller shall have the right to recover, in addition to the purchase price of the said merchandise, all costs incurred by the Seller in recovering monies due.  In addition to the foregoing and all other remedies that the Seller may have hereunder or by law, that without notice (1) may bill and declare due and payable all undelivered products under this or any other contract with the Seller and/or (2) may defer shipment hereunder and under any other contract until such default, breach or repudiation is removed and/or may cancel any undelivered portion of this and/or (3) any other contract in whole or in part (the Purchaser remaining liable for damages). 12 Ability of Seller to perform: Seller has the option to reject or cancel an order with no penalty if for any reason it becomes impractical or impossible to manufacture the ordered product. 13  Acceptance limited: The sole method of acceptance shall be the affixing of an authorized signature to this contract or the placing of a purchase order and subsequent acceptance by LightForm.  Any attempt to alter the terms of this writing shall be a nullity unless agreed in writing by the Seller. 14. Copying or Replication of Products: All products, including software, are for the customer’s sole and individual use, and may not be copied or replicated.  Purchaser shall be liable for all damages, including loss of anticipatory profits, incurred by Seller as a result of such conduct. 15. Entire agreement: This contract contains the final and entire agreement between Seller and Purchaser and under no understanding, representations, agreements, modifications alterations or additions shall be effective unless agreed in writing by Seller and Purchaser. 16. North Carolina USA law shall control this contract.
LightForm Standard Terms and Conditions of Sale