ACCEPTANCE-QUOTATIONS/INVOICES: THE GOODS BEING OFFERED HEREIN ARE SUBJECT TO PRIOR SALE AND ARE INTENDED FOR IMMEDIATE ACCEPTANCE. BY THE ISSUANCE OF A PURCHASE ORDER, BUYER ACCEPTS COMPLETELY AND EXCLUSIVELY THE TERMS AND CONDITIONS HEREIN, WHICH INCORPORATED WITH THE SPECIFIC MACHINE BUILDER(S) TERMS AND CONDITIONS, CONSTITUTE THE ENTIRE CONTRACT. NEXTGEN , SHALL NOT BE BOUND BY ANY OTHER TERMS CONTAINED WITHIN THE BUYER’S PURCHASE ORDER OR ANY OTHER DOCUMENT WHICH ATTEMPTS TO IMPOSE CONDITIONS AT VARIANCE WITH THE TERMS AND CONDITIONS OF THIS QUOTATION/INVOICE UNLESS SAID VARIANCE IS SPECIFICALLY AGREED TO IN WRITING. ALL QUOTATIONS AND ACCEPTANCES OF ORDERS ARE MADE WITH THE MUTUAL UNDERSTANDING THAT ORDERS ARE NOT SUBJECT TO CANCELLATION. THE SHIPPING DATE IS APPROXIMATE ONLY AND MAY BE SUBJECT TO DELAYS AND AVAILABILITY OF GOODS. BUYER AGREES TO RECEIVE GOODS IN A TIMELY MANNER; ANY STORAGE FEES BECOME THE RESPONSIBILITY OF AND ARE TO BE PAID BY THE BUYER. AN ORDER RESULTING FROM THIS QUOTATION IS TO BE MADE IN FAVOR OF NEXTGEN MATERIAL TESTING INC. AND BECOMES BINDING ONLY UPON ACCEPTANCE BY NEXTGEN . IT IS A CONDITION OF SUCH ACCEPTANCE THAT THE TERMS AND CONDITIONS SET FORTH IN. THE DESIGN OF THE MAIN INSTRUMENT INCLUDING EXTERNAL AND INTERNAL COMPONENTS MAY CHANGE WITHOUT NOTICE, PROVIDED ALL INITIALLY DISCUSSED TECHNICAL SPECIFICATIONS AGREED UPON BY THE CUSTOMER ARE MET.
PLEASE NOTE THAT THE PRICES FOR THE OPTIONAL ACCESSORIES ARE ONLY VALID WITH THE PURCHASE OF THE MAIN INSTRUMENT. PLEASE CONTACT OUR AFTER SALES DEPARTMENT AT SALES@NEXTGENTEST.COM FOR ANY ACCESSORIES FOLLOWING THE PURCHASE OF OUR INSTRUMENT.
THIS QUOTATION SHALL GOVERN AND, IF SUCH TERMS OR CONDITIONS CONFLICT WITH THE CUSTOMER’S, THE POINT(S) IN QUESTION, SHALL BE NEGOTIATED BY THE BUYER BEFORE THE TIME OF ACCEPTANCE OF THE ORDER BY NEXTGEN, AND BECOME BINDING UPON THE DULY EXECUTED DOCUMENT SIGNED BY BOTH PARTIES. THIS AGREEMENT SHALL BE A MAINE CONTRACT AND SHALL BE INTERPRETED AND ADMINISTERED FOR ALL PURPOSES UNDER THE LAWS OF THE STATE OF MAINE.
NRTL OR ITS EQUIVALENT (UL, CSA, ETC) CERTIFICATION IS NOT INCLUDED IN THE STANDARD QUOTATIONS AND CAN BE QUOTED SEPARATELY BASED ON REQUEST. BY ACCEPTING THIS AGREEMENT THE BUYER ACCEPTS THESE TERMS AND UNDERSTANDS THAT REQUESTING THIS SERVICE WILL HAVE AN ADDITIONAL FEE.
TERMS: TERMS FOR NEW EQUIPMENT ARE STATED IN EACH SPECIFIC QUOTATION AND BECOME BINDING UPON ACCEPTANCE OF THE ORDER BY NEXTGEN. ALL SALES ARE SUBJECT TO APPLICABLE FEDERAL, STATE, AND LOCAL USE, SALES, AND EXCISE TAXES WHICH THE BUYER AGREES TO PAY, AND WHICH MAY BE BILLED AS PART OF THE SELLING PRICE, OR SEPARATELY, IF NEXTGEN MATERIAL TESTING INC. IS REQUIRED BY ANY TAXING AUTHORITY TO COLLECT AND PAY SUCH A TAX.
CANCELLATION: IN THE EVENT THAT THE PURCHASER CANCELS AN ORDER, NEXTGEN MATERIAL TESTING INC. RESERVES THE RIGHT TO INVOICE PURCHASER AN AMOUNT EQUAL TO NEXTGEN’S FULL COST OF WORK PERFORMED, NON-REFUNDABLE PURCHASED SERVICES, RESTOCKING FEES AND MATERIALS PURCHASED TO AND INCLUDING THE DATE OF CANCELLATION, PLUS FIVE PERCENT (25%) CHARGE OF THE GROSS SELLING PRICE OF THE EQUIPMENT ORDERED AND WHICH INVOICE THEREOF SHALL BE DUE AND PAYABLE IMMEDIATELY UPON RECEIPT BY PURCHASER.
TITLE: TITLE SHALL NOT PASS TO BUYER UPON DELIVERY OF THE GOODS, BUT SHALL REMAIN VESTED IN NEXTGEN MATERIAL TESTING INC. UNTIL THE ENTIRE PURCHASE PRICE AND APPLICABLE FEES AND TAXES ARE PAID IN FULL.
CLAIMS: IN THE EVENT OF ANY DAMAGE IN TRANSIT, IT IS EXPRESSLY AGREED THAT THE BUYER’S SOLE AND EXCLUSIVE REMEDY SHALL BE A CLAIM FOR SUCH GOODS, WITH THE RIGGER OR FREIGHT HANDLER. NEXTGEN MATERIAL TESTING INC. WILL NOT ACCEPT LIABILITY FOR A REFUND OF ANY KIND FOR GOODS DAMAGED OR ALTERED IN ANY WAY, AND IN NO EVENT OR CIRCUMSTANCE SHALL NEXTGEN MATERIAL TESTING INC. BE RESPONSIBLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND.
WARRANTIES: NEXTGEN MATERIAL TESTING INC. WARRANTS EQUIPMENT IT SELLS FOR A PERIOD OF ONE YEAR FROM THE DATE OF SHIPMENT TO THE PURCHASER. AS LONG AS THE EQUIPMENT IS IN THE POSSESSION OF THE ORIGINAL PURCHASER, NEXTGEN MATERIAL TESTING INC. WILL REPLACE OR REPAIR, AT ITS OPTION, FREE OF CHARGE, ANY PART, WITH EXCEPTION OF ANY COMPONENT (E.G., AXIS DRIVES) COVERED BY AN ORIGINAL MANUFACTURER WARRANTY, WHICH UPON NEXTGEN’S EXAMINATION, IS FOUND TO BE DEFECTIVE IN WORKMANSHIP OR MATERIAL. NEXTGEN MATERIAL TESTING INC.WILL PROVIDE PURCHASER WITH PROOF OF VALID ORIGINAL MANUFACTURER WARRANTY ON ANY/ALL SUCH COMPONENTS INCLUDED IN THE EQUIPMENT PURCHASED; PURCHASER IS REFERRED TO SAID
ORIGINAL MANUFACTURER WARRANTY FOR TERMS AND CONDITIONS THEREOF. THE WARRANTY STATED HEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND OF ALL OTHER LIABILITIES AND OBLIGATIONS ON NEXTGEN’S PART. NEXTGEN MATERIAL TESTING INC. EXPRESSLY DENIES THE RIGHT OF ANY OTHER PERSON TO INCUR OR ASSUME FOR NEXTGEN ANY OTHER LIABILITY IN CONNECTION WITH ITS SALE OF EQUIPMENT. NEXTGEN’S OBLIGATION UNDER THIS WARRANTY SHALL BE STRICTLY AND EXCLUSIVELY LIMITED TO FURNISHING LABOR AND MATERIALS REQUIRED FOR REPAIRING OR REPLACING PARTS WHICH ARE DETERMINED TO BE DEFECTIVE ON INSPECTION BY OUR EMPLOYEE, AGENT, OR AUTHORIZED REPRESENTATIVE. THE DETERMINATION OF NEXTGEN MATERIAL TESTING INC. REPRESENTATION SHALL BE FINAL. NEXTGEN SHALL NOT REIMBURSE PURCHASER FOR REPAIR, REPLACEMENT, PACKING OR SHIPPING COSTS INCURRED WITHOUT WRITTEN CONSENT OF AN NEXTGEN MATERIAL TESTING INC. AUTHORIZED REPRESENTATIVE.
Limitation of Liability: IN NO EVENT SHALL NEXTGEN MATERIAL TESTING INC. BE LIABLE TO PURCHASER
FOR LOSS OF PROFITS, LOSS OF USE, OR DAMAGES OF ANY KIND ARISING FROM A CLAIM FOR BREACH OF WARRANTY OR FOR FAULTY WORKMANSHIP OR MATERIAL, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL DAMAGES AND INCIDENTAL DAMAGES EXCEPT AS THEY MAY BE IMPOSED BY LAW IN THE CASE OF PERSONAL INJURIES FROM “CONSUMER GOODS.” NEXTGEN’S WARRANTIES AS SET FORTH ABOVE SHALL NOT BE ENLARGED, DIMINISHED OR AFFECTED BY, AND NO OBLIGATION OR LIABILITY SHALL ARISE OR GROW OUT OF NEXTGEN’S RENDERING OF TECHNICAL ASSISTANCE OR SERVICE IN CONNECTION WITH PURCHASER’S ORDER FOR ANY EQUIPMENT FURNISHED UNDER THESE TERMS AND CONDITIONS. UNDER NO CIRCUMSTANCES SHALL WE HAVE ANY LIABILITY WHATSOEVER FOR LOSS OF USE OR FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES HOWSOEVER ARISING (WHETHER IN TORT, STRICT LIABILITY. CONTRACT, NEGLIGENCE OR OTHER).
INDEMNIFICATION: BUYER/CUSTOMER/USER AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND NEXTGEN MATERIAL TESTING INC. FROM ANY AND ALL CLAIMS, LIABILITIES OR LAWSUITS ARISING OUT OF THE USE OF, OR IN ANY WAY INVOLVING INJURY OR ACCIDENT OCCASIONED BY SAID EQUIPMENT. SAID AGREEMENT INCLUDES, BUT IS NOT LIMITED TO, THE DUTY TO INDEMNIFY, HOLD HARMLESS AND DEFEND NEXTGEN MATERIAL TESTING INC. IN ANY OF THE FOLLOWING SITUATIONS: CLAIMS INVOLVING OR ALLEGING IMPROPER OR NEGLIGENT DESIGN, MAINTENANCE, CONSTRUCTION, RECONSTRUCTION, REPAIR, ALTERATION OR MODIFICATION OF THE EQUIPMENT BY NEXTGEN, ITS AGENTS OR EMPLOYEES; CLAIMS INVOLVING OR ALLEGING BREACH OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE, OR SAFETY OF THE EQUIPMENT; CLAIMS INVOLVING ALLEGATIONS OF FAILURE, NEGLIGENT OR OTHERWISE, ON THE PART OF FEDERAL, STATE, OR LOCAL GOVERNMENT STATUTES, RULES OR REGULATIONS, OR AS IS CUSTOMARY IN THE TRADE; AND CLAIMS INVOLVING OR ALLEGING NEGLIGENCE BY NEXTGEN, EITHER ALONE OR JOINTLY WITH BUYER OR ANY OTHER PERSON, FIRM OR ORGANIZATION. BUYER/CUSTOMER/USER SPECIFICALLY AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND NEXTGEN MATERIAL TESTING INC. FROM ANY AND ALL CLAIMS ALLEGING NEGLIGENCE ON THE PART OF NEXTGEN, AND WAIVES BENEFIT OF ANY LAWS, RULES, OR REGULATIONS CONTRARY TO, OR IN LIMITATION OF THIS AGREEMENT. THE INVALIDITY, NOW OR IN THE FUTURE, OF ANY OF THE COVENANTS RECITED HEREIN SHALL NOT AFFECT THE VALIDITY OF THE REMAINING COVENANTS. UNDER NO CIRCUMSTANCES SHALL NEXTGEN MATERIAL TESTING INC.OR ANY AFFILIATE OF OURS HAVE ANY LIABILITY WHATSOEVER FOR THE LOSS OF USE OR FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGE.