Terms and Conditions
- Orders will only be accepted on receipt of a signed/authorised Purchase Order
- Accepted orders cannot be cancelled or changed without authorization of an ISM inc executive
- ISM Inc reserve the right to seek re-imbursement of any charges or expenses incurred in connection with any cancelled or changed orders.
- All prices including the cost of any additional services will be set out in a quote and will be held for thirty days unless otherwise agreed in writing
- Prices do not include delivery charges unless otherwise agreed in writing
- ISM Inc may charge a deposit to confirm acceptance of an order which must be paid in full prior to the despatch of goods
- Unless otherwise expressly provided all sales are ex works.
- ISM Inc will invoice for the supply of the goods at the earlier of: the date the goods are shipped or the date at which the goods are ready for shipment (i.e. held awaiting the buyer’s instructions)
- Credit facilities will not normally be available to new buyers.
- Subject to satisfactory references and payment history credit terms of 30 days from date of invoice may be agreed. Such terms will only be effective upon receipt by the buyer of confirmation in writing from ISM Inc.
- ISM Inc reserve the right to suspend deliveries or cancel any contract or withhold or withdraw credit facilities in the event that the buyer fails to make payments in accordance with the agreed terms or if ISM Inc considers the financial circumstances of the buyer does not justify the granting or continuance of such credit terms
- ISM Inc warrants the goods against defects in design, materials and workmanship which become apparent within, the shorter of, the balance remaining of the warranty provided by the manufacturer to ISM Inc or twelve months from the date of delivery of the goods to the buyer
- ISM Inc warrants that it will perform services with reasonable care and skill but this warranty shall not apply to any deficiency in such performance unless it becomes apparent within one month of the date of performance by ISM Inc
- ISM Inc’s liability for breach of any warranty is limited to(1)in the case of goods to repairing or supplying on an exchange basis replacements for any defective goods or parts; and making good any defects in the goods which may develop under normal and proper use during the warranty period and(2)in the case of services to the re-performance of those services shown to be deficient during the warranty period
- In no event shall ISM Inc be liable for incidental, consequential, special or punitive damages or for the repair, replacement, or making good of any loss which results from defects caused by transportation, installation, accidents, neglect, misuse or abuse by the buyer, or improper execution of instructions and causes occasioned by other than ordinary use
- This guarantee and warranty is in lieu of all implied warranties
- This warranty gives specific legal rights, the buyer may have other rights which vary from State to State
- The buyer agrees to indemnify ISM Inc against any loss, damage, costs, claims or expenses incurred by ISM Inc in respect of liability established against the buyer by a third party arising out of or in connection with the contract of supply.
- In the event that any provision herein shall be found to be invalid or unenforceable, the remaining conditions shall remain in full force and effect
- This agreement shall be governed by the laws of the State of Indiana, USA, notwithstanding any State’s choice of laws to the contrary