THIS PRICE LIST SUPERSEDES AND REPLACES ALL
PREVIOUS PRICE SCHEDULES AND IS SUBJECT TO CHANGE WITHOUT
NOTICE, DISCOUNTS, IF ANY, APPLY ONLY TO ORDERS OF $20.00 OR
MORE. WE HAVE A MINIMUM ORDER CHARGE OF $15.00 Please allow
5 to 7 working days for order to be shipped. Some items in
this schedule are not stocked. Shipment of these items will
be longer than 5 to 7 working days.
NOTE: 230 Volt units may or may not be in stock
due to shipment levels. Please allow 4 to 6 weeks for
shipment of 230 Volt units. Units using Australian and
European power cords are not stocked and are built to order
only. Order paid by personal check or company check (where
company is not known to us) will be held seven (7) working
days before shipment is made.
NOTICE: Lyon Electric Company, Inc.,
reserves the right to delete, change, or modify products at
any time without notice or obligation in respect to previous
models sold. Every attempt has been made to provide accurate
data and pricing information in our Catalogs and Price
Schedules. We assume no liability for errors, omissions or
printing errors.
TERMS AND CONDITIONS OF SALE
1. SCOPE. These terms of sale apply to the sales of products
by Lyon Electric Company, Inc. (Seller). These terms may in
some instances conflict with some of the terms proposed by
the Buyer. Therefore, acceptance of the Buyer's order is
made only on the express understanding that to the extent
that any of these terms and conditions conflict with any
terms of the Buyer's order, these terms and conditions shall
govern. These terms shall be deemed accepted by Buyer's
placing an order, accepting the goods, or tendering full or
partial payment. Seller's failure to object to provisions
contained in any communication from Buyer shall not be
deemed a waiver of these terms. Any additions to or
deviation from these terms must be proposed to Seller at its
office, and must be accepted in writing by Seller before
such terms will become part of the contract.
2. APPROVAL OF ORDERS. All orders and
contracts must be approved and accepted by Seller at its
office.
3. PRICE. The price to be paid by Buyer
shall be that contained on Seller's price list and/or
catalog at the time the order is received. Seller reserves
the right to change prices without notice.
4. PAYMENT. Unless otherwise expressly
agreed, no order will be accepted by Seller unless the full
purchase price and all other charges accompany the order. If
Seller agrees to sell to Buyer on open account, Buyer shall
pay the full price and all charges within thirty (30) days
after shipment of the goods by Seller.
5. LATE PAYMENT CHARGE. Buyer shall pay a
late payment charge equal to 1.5% per month on any payment
which is not paid when due.
6. SECURITY INTEREST. Seller shall retain
a security interest in all goods, as security for the full
payment of all sums owed by Buyer. Buyer hereby appoints
Seller as Buyer's agent to sign and file any UCC-1 financing
statements to evidence this security interest.
7. SALES TAX. Buyer shall pay any and all
applicable tax or use tax, if any, plus any other applicable
federal, state, or local taxes imposed on this sale,
excluding, however, any income tax.
8. SELLER TO PACKAGE GOODS. Seller will
package the goods for shipment within the continental United
States. Buyer shall pay Seller the reasonable cost of
packaging pursuant to Buyer's special instructions or for
export.
9. SHIPPING. All shipments are F.O.B.
point of shipment. Unless otherwise expressly agreed,
shipments shall be rerouted at Seller's discretion. Buyer
shall pay Seller the cost of shipment, including any export
charges or taxes. All costs of insurance, documentations,
and bank charges incurred in shipments shall be borne by
Buyer.
10. RISK OF LOSS. Title and risk of loss
or damage passes to Buyer when accepted by the carrier at
point of shipment. Claims for loss or damage during transit
or storage must be made by Buyer directly to the carrier,
storage company, or insurance company, if any. Seller will
insure the goods during shipment. Insurance charges are to
be paid for by Buyer.
11. INSPECTION. Buyer shall promptly
examine all goods upon delivery. Buyer shall notify Seller
within ten (10) business days after delivery of any damages
on account of condition, quality or grade of the goods, and
Buyer must specify in detail the basis of the claim. Failure
of Buyer to comply with these terms shall constitute
acceptance of the goods and a waiver of any claims for
damages.
12. REQUIRED AUTHORIZATION FOR RETURN OF
UNUSED GOODS. Goods may be returned to Seller for credit
only upon authorization issued by Seller, at Seller's
option, subject to a restocking charge. Authorization may be
sought by writing to 1690 Brandywine Ave., Chula Vista, CA
91911, or telephoning (619) 216-3400. All returned items
must be sent to Lyon's street address, 1690 Brandywine Ave.,
Chula Vista, CA 91911, freight prepaid and no items returned
will be accepted unless in a new, unused condition. No
obsolete products may be returned. No special item of
manufacturer may be returned to Seller for credit.
13. DISCLAIMER OF WARRANTIES.
13.1 GOODS ARE OFFERED AS IS AND WITH ALL FAULTS. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE GOODS IS WITH
BUYER. SHOULD THE GOODS PROVE DEFECTIVE FOLLOWING THEIR
PURCHASE, THE BUYER, AND NOT THE MANUFACTURER OR SELLER,
ASSUMES THE ENTIRE COST OF ALL SERVICING REPAIRS, BUYER
UNDERSTANDS THAT ALL EXPRESSED AND IMPLIED WARRANTIES ARE
EXCLUDED FROM THIS SALE, EXCEPTING ONLY AS SPECIFIED IN
SECTION 20 BELOW. 13.2 SOME STATES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSIONS OR
LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. THE LIMITED WARRANTY
CONTAINED HEREIN GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU
MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
14. DISCLAIMER OF WARRANTY OF MERCHANT
ABILITY AND FITNESS. NO WARRANTY OF MERCHANTABILITY OR
FITNESS FOR INTENDED OR PARTICULAR PURPOSE IS IMPLIED IN
THIS SALE. BUYER UNDERSTANDS AND AGREES THAT SELLER
EXPRESSLY REFUSES TO GUARANTEE THAT
THE GOODS ARE MERCHANTABLE OR FIT FOR THE ORDINARY PURPOSES
FOR WHICH SUCH GOODS ARE USED.
15. AUTHORITY OF SELLER'S AGENT. No agent,
employee, or representative of the Seller has any authority
to bind the Seller to any affirmation, representation, or
warranty concerning the goods sold under this agreement,
unless specifically included in writing.
16. REMEDIES. Buyer and Seller shall have
all remedies afforded each by the California Commercial
Code.
17. APPLICABLE LAW. The sale and any
disputes arising hereunder shall be governed by the laws of
the State of California. All disputes shall be resolved by
courts in the County of San Diego, California, U.S.A.
18. ATTORNEY'S FEES. In the event of any
dispute with respect to this sale or agreement, the party
prevailing in any court resolution of such dispute shall be
entitled to recover from the other party all reasonable
attorney's fees and related costs.
19. ENTIRE AGREEMENT. This documentation,
the order form and the current price schedule contain the
entire agreement between parties, and they supersede all
prior representations, agreements, understanding, trade
practices, proposals or contracts. The word "products" and
"goods" used herein mean one and the same thing.
20. LIMITED WARRANTY.
20.1 Certain products are purchased by Lyon Electric
Company, Inc., (Lyon) from other manufacturers, for resale
as purchased. The warranty on such products is as provided
by the other manufacturer, which warranty is assigned by
Lyon to Buyer. 20.2 As to any products manufactured by Lyon,
Lyon warrants its products to be free from defects in
material and workmanship for a period of ninety (90) days
after the date of purchase by the first user of the
products. Within the warranty period, Lyon will repair or
replace, at its option, subject to Buyer's receiving from
Lyon an authorization for return of the products which are
returned to Lyon with shipping charges prepaid, and are
determined to be defective upon examination by Lyon. This
warranty will not apply to any product which has been
subject to alteration, misuse, abuse, rough handling,
negligence, accident or other
|
