Progressive Instruments
 
Application Solutions for Today
 
 

 

 

STANDARD TERMS AND CONDITIONS
which are part of this quotation

PROGRESSIVE INSTRUMENTS, INC. HEREINAFTER REFERRED TO AS
PROGRESSIVE INSTRUMENTS
Acquisition Services SM

 

1.

This quotation is subject to immediate acceptance; prices are subject to change without notice, PROGRESSIVE INSTRUMENTS reserves the right to correct clerical or stenographic errors or omissions. The prices quoted here are based upon shipment of quantities shown and on the basis of the delivery schedule described and are firm for the period shown on this quotation. In the event the quantity of material ordered is reduced on any order resulting from this quotation, the price for the material already shipped, as well as the price of the material for future delivery, will be adjusted to conform to the price schedule applicable for the smaller quantity.

 

2.

Delivery dates are given to the best of PROGRESSIVE INSTRUMENTS' knowledge based on conditions existing at that time. PROGRESSIVE INSTRUMENTS will use its best efforts to ship within the time estimated, but failure to make shipment as scheduled does not constitute a cause for cancellation and/or for damages of any character. The execution of this order is subject to strikes, fires, delays of carriers, and other delays and causes unavoidable or beyond control. It is understood that delivery of all or any part of any order is contingent on the manufacturer's ability to get supplies and raw materials, and is further limited to the extent that the manufacturer's ability to deliver may be affected by regulation of the U.S. government contracts.

 

3.

Shipments and deliveries shall be subject to approval of PROGRESSIVE INSTRUMENTS' Credit Department. PROGRESSIVE INSTRUMENTS reserves the right, previous to making any shipments, to require from purchaser satisfactory security for performance of purchaser's obligations. If the purchaser fails to furnish satisfactory security or information on which to base credit, and/or purchaser's account is in arrears, PROGRESSIVE INSTRUMENTS may defer further shipments, or may, at its option cancel the order or any unshipped balance. PROGRESSIVE INSTRUMENTS' failure to exercise any right accruing from any default of purchaser shall not impair PROGRESSIVE INSTRUMENTS' rights, in case of any subsequent default of purchaser.

 

4.

Goods damaged in transit, shortages, etc., should be noted on the freight bill by the delivering carrier. Any returns must be authorized in writing by the supplier. Claims cannot be honored after ten (10) days. A clear receipt from the carrier places the responsibility for shortage or damage with the carrier. If there is a shortage, or goods damaged, receipt should be given carrier accordingly, and agent should be requested to insert notation on freight bill.

 

5.

The determination as to the adaptability of any of PROGRESSIVE INSTRUMENTS' materials to the specific needs of the purchaser is solely the purchaser's prerogative and responsibility. However, property charts will be sent on request which give complete physical and electrical characteristics of the more frequently used materials.  PROGRESSIVE INSTRUMENTS' Engineering Department will be glad to offer suggestions.

 

6.

Cancellation of any order, or any part thereof, shall be subject to the following terms: the purchaser shall pay the contract price, plus any adjustments, of all goods which have been completed. In addition to such payment, as to any part of the order which shall be in process, the purchaser shall pay a sum equal to the same proportion of the contract price as the degree of completion of the goods in process on date cancellation is received.

 

7.

A All parts will be inspected in conformance with PROGRESSIVE INSTRUMENTS' regularly established inspection procedure and/or to the purchaser's blueprints and specifications based on predetermined agreement. To be valid claims by the purchaser of nonconformance to specifications must be made to PROGRESSIVE INSTRUMENTS, INC, within 10 days of delivery of material to purchaser. No parts may be returned without permission from PROGRESSIVE INSTRUMENTS Customer Service. No allowances will be made for material subsequently added to PROGRESSIVE INSTRUMENTS' products nor for labor charges.

 

8.

Orders to purchaser's drawings or descriptions are executed only on the understanding that the purchaser will indemnify PROGRESSIVE INSTRUMENTS for any loss resulting from an action for infringement of patents. The purchaser shall pay any manufacturer's tax or sales tax now or hereafter imposed by Governmental authority upon merchandise herein described, or the production, sale, distribution, or delivery thereof, or upon any feature of this transaction.

 

9.

PROGRESSIVE INSTRUMENTS will not be bound by any promise or representation, written or oral, not made a part of the order and signed by a duly authorized representative of PROGRESSIVE INSTRUMENTS. Access to PROGRESSIVE INSTRUMENTS property requires prior approval.

 

10.

WARRANTY: PROGRESSIVE INSTRUMENTS warrants that each product to be delivered hereunder will conform to its specifications and be free from defects in material or workmanship. Since products vary, please refer to product literature for the specific warranty period. PROGRESSIVE INSTRUMENTS MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, EXCEPT THAT OF ALL IMPLIED WARRANTIES INCLUDING ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED. PROGRESSIVE INSTRUMENTS NEITHER ASSUMES RESPONSIBILITY FOR ANY OMISSIONS OR ERRORS NOR ASSUMES LIABILITY FOR ANY DAMAGES THAT RESULT FROM THE USE OF ITS PRODUCTS IN ACCORDANCE WITH INFORMATION PROVIDED BY PROGRESSIVE INSTRUMENTS, EITHER VERBAL OR WRITTEN. LIMITATION OF LIABILITY: The remedies of the purchaser set forth herein are exclusive and the total liability of PROGRESSIVE INSTRUMENTS with respect to this order, whether based on contract, warranty, negligence, indemnification, strict liability or otherwise, shall not exceed the purchase price of the component upon which liability is based. In no event shall PROGRESSIVE INSTRUMENTS be liable for consequential, incidental or special damages. CONDITIONS: Equipment sold by PROGRESSIVE INSTRUMENTS, INC. is not intended to be used. nor shall it be used: 1) as a ''Basic Component'' under 10 CFR21(NRC), used in or with any nuclear installation or activity, or 2) in medical applications or used on humans. Should this equipment be used in or with any nuclear installation or activity, medical application, used on humans or misused in any way, purchaser will indemnify PROGRESSIVE INSTRUMENTS and hold PROGRESSIVE INSTRUMENTS harmless from any liability or damage whatsoever arising out of the use of the equipment in such a manner.

 

11.
All questions concerning the validity and operation of this Agreement and the performance of the obligations imposed on the Parties under this Agreement will be governed by the laws of the State of Connecticut, U.S.A.
   
  foot

1737 Stebbins Drive, Suite 240B, Houston, 77043
P.O. Box 421884 · Houston
· TX 77242
Phone: 832-467-1420 · Fax: 832-467-1421 · Watts: 866/350-1351