Tristate Electronic Manufacturing, Inc. has established an open account based on the following conditions:
1. Terms and taxes:
Tristate Electronic Manufacturing, Inc. standard terms are Net 30 based upon credit approval. Your company will be on an open account as long as invoices are paid promptly according to line #2 (Terms and Taxes) indicated in the Terms and Conditions signed with your first order. Sales tax exemption certificates are required from the customer to avoid the charging of sales taxes. The customer is responsible for the extra charges due to sales taxes and duties.
Payments are to be received at Tristate Electronic Manufacturing, Inc., 91 Western Maryland Parkway, Suite 5, Hagerstown, MD 21740 in U.S. currency. Past due accounts are subject to a 1.5% per month service charge and collection costs, to include reasonable attorney’s fees. Orders that are delayed by the customer beyond sixty (60) days after the Purchase Order due date are subject to a 1.0% per month handling and stocking charge. On orders that are delayed by the customer beyond ninety (90) days of the Purchase Order due date or terminated, the customer is liable for all material costs, mark-up and WIP labor upon invoice. Tristate will make a reasonable effort to return unused material to its vendors on termination and delayed orders.
The articles may be inspected by the customer at all times and places and at any stage of production and on the premises of the Seller. Inspections shall be based on industry specifications, drawings, BOM’s, and test plans that are annotated on the applicable Purchase Order and/or the applicable Quotation Form.
4. Warranty and Disclaimer
Limited Warranty: Tristate Electronic Manufacturing, Inc. warrants for ninety (90) days that all Articles will conform to applicable specification, drawings, description, samples and test plans, if applicable, and will be of good workmanship and materials, and free from defect, claim, encumbrance or lien. If electrical and functional test was not specified in the Purchase Order, the statement of work, or quotations, then electrical functionality is not assumed nor guaranteed; for it is the customer’s responsibility. Electrical and functional tested product is warranted as stated above for electrical functionality according to the scope of the test plan that was agreed upon. If the Articles delivered or services furnished hereunder do not meet the warranties specified herein, Buyer may at his/her option return, at Tristate Electronic Manufacturing, Inc.’s expense, the defective or nonconforming Articles to be corrected at no cost to the Buyer. Claims and rejections must be made within ninety (90) days of receipt of product, returned promptly in an unused condition, and clearly identified by Quality Control or test documentation that specifies the exact component, solder joint, or PCB failure. This limited warranty is void if the defect has resulted from accident, abuse, misapplication, or if customer has performed rework. Any replacement product will be warranted for the remainder of the original warranty period.
5. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL TRISTATE ELECTRONIC MANUFACTURING, INC. BE LIABLE TO BUYER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES. IN NO EVENT WILL TRISTATE ELECTRONIC MANUFACTURING, INC. BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRODUCT SALE PRICE TRISTATE ELECTRONIC MANUFACTURING, INC. CHARGES FOR THE PRODUCT, EVEN IF TRISTATE ELECTRONIC MANUFACTURING, INC. SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
When delays in performance are caused by catastrophic events outside of our control, liability shall be eliminated for a reasonable period.
Customer data is held in confidence by Tristate Electronic Manufacturing, Inc. and its personnel and shall not be disclosed except for the purpose of quoting, procuring, manufacturing and testing of electronic assemblies. The customer shall not disclose any of Tristate Electronic Manufacturing, Inc. pricing information to third parties.
All communication that will amend, change, or enhance a Purchase Order and customer requirements will be communicated in writing, email, or fax in a timely manner. The customer will provide a primary secondary contact.
8. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of the State of Maryland(excluding the rules as to conflict of laws), and specifically the Uniform Commercial Code in effect in the State of Maryland on the date of execution of the purchase order. Customer submits to personal jurisdiction within the State of Maryland.