STANDARD TERMS AND CONDITIONS OF SALE
- The terms and conditions contained herein (“Terms and Conditions of Sale”) constitute the entire agreement between you (“Buyer”) and Simformotion™ LLC (“Simformotion”) with respect to the transaction(s) covered by our quote, our sales order acknowledgement or your purchase order(s) accepted by Simformotion. Your purchase order(s), if accepted, will be subject to these Terms and Conditions of Sale.
- No modification or waiver of any of the terms and conditions contained herein and no additional or different terms or conditions shall be effective unless (i) modified by Simformotion’s quotation or sales order acknowledgement, or (ii) agreed to in a single writing signed by both parties. No oral agreement, course of performance or other means other than such written agreement signed by both parties expressly providing for such waiver shall be deemed to waive the terms of this document.
- The Terms and Conditions of Sale shall become binding on the parties upon:
- Buyer’s tender of payment pursuant to Simformotion’s quote or sales order acknowledgement;
- Simformotion’s written acknowledgement or issuance of an invoice pursuant to Buyer’s purchase order(s);
- Simformotion’s delivery of the products, in whole or part; or,
- Signature of Buyer and Simformotion on an agreement for the purchase and sale of products incorporating the Terms and Conditions of Sale.
- PRICES AND TAXES
- All prices are based upon the material cost and labor rates in effect on the date of the quote or sales order acknowledgement, unless an earlier date is indicated thereon, are for your guidance in submitting purchase orders, and are subject to change upon notice. Buyer agrees that the quantities committed affect the price of such products or parts, and that if Buyer hereafter makes any change in the quantities committed from those shown on the front of the quote, sales order acknowledgement or purchase order, the price of such products or parts shall be adjusted to meet Simformotion’s price applicable to the quantities committed as changed. Each quantity committed must be scheduled by Buyer for shipment within