Terms and Conditions
PRICES & TERMS
Shipment and Place of Delivery
PROVISION OF INFORMATION
SAMPLING & TESTING
INDEPENDENT LABOR TESTING
All statements, technical information and recommendations contained in Seller’s literature are based on tests believed to be reliable, but the accuracy or completeness thereof is not guaranteed, and the following is made in lieu of all warranties, expresses or implied.
Seller warrants each new piece of equipment to be free from defects in material and workmanship under normal use and maintenance as provided by the manufacturer. Seller’s sole obligation for any breach of warranty or breach of contract for defects, deliberate or accidental omissions shall be limited to repairing, replacing or allowing credit for, at Seller’s option, any part which under normal and proper use and maintenance, proves defective in material or workmanship provided, however, that notice of any such defect or omission and satisfactory proof thereof is promptly given by Buyer to Seller, and thereafter, such defective part is returned to Seller with transportation charges prepaid; and Seller’s examination proves such part to have been defective. This warranty does not apply in respect to damages to any product or accessory or attachment thereof caused by overloading or other misuse, neglect or accident, nor does this warranty apply to any product or accessory or attachment thereof, which as been repaired or altered in any way which, in the sold judgment of Seller, affects the performance, stability or general purpose for which it was manufactured.
Seller’s only obligation shall be to replace such quantity of the product proved to be defective. Seller shall not be liable for any injury, loss or damage, direct or consequential, arising out of the use or the inability to use the product or for environmental claims, it being understood that the Seller has no means of controlling the product’s final use. It shall be Buyer’s responsibility to determine suitability of product for intended use and Buyer assumes all risks and liabilities whatsoever, in connection therewith.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES (EXCEPT OF TITLE), EXPRESSED OR IMPLIED, AND THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR CONSEQUENTIAL OR SPECIAL DAMAGES. UNLESS OTHERWISE EXPRESSLY STATED ON SELLER’S ORDER ACKNOWLEDGEMENT. IT IS A CONDITION TO THIS WARRANTY THAT BUYER SHALL HAVE COMPLIED WITH TERMS OF BRUCKER COMPANY’S INVOICE AND MADE PAYMENT IN ACCORDANCE THEREWITH FOR ALL PRODUCTS NO INCLUDED IN BUYER’S CLAIM.
Typographical or clerical errors contained herein are subject to correction by Seller.
Buyer shall reimburse Seller for all costs of collection of outstanding indebtedness, including but not limited to reasonable attorney’s fees and court costs to Seller. Buyer shall reimburse Seller for any and all litigation expenses Seller incurs as a result of an unsuccessful Buyer claim. The jurisdiction and venue of the court for any litigation, State or Federal, brought by the Buyer and/or Seller shall be located in Cook County, Illinois, the election of which shall be at the sole discretion of the Seller.
ENTIRE AGREEMENT AND APPLICABLE LAW
The rights and obligations of Seller and Buyer shall be governed by the laws of the State of Illinois, U.S.A. in force on date hereof at the sole discretion of the Seller. The provisions hereof are intended by the Buyer and Seller as a final expression of their agreement and are intended also as a complete and exclusive statement of all terms applicable to Buyer’s order. No waiver modification or addition to any of the terms hereof shall be binding on Seller, unless made in writing by an officer of Seller. In the event of conflict between Buyer’s purchase order and Brucker’s terms, the latter shall control. If any provisions herein are to any extent invalid or unenforceable, the remainder of the Terms and Conditions shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law.
Buyer shall not assign or transfer this contract without Seller’s written consent.