| OMRON SCIENTIFIC TECHNOLOGIES, INC. |
| US TERMS & CONDITIONS OF SALE |
| Acceptance of orders by Omron Scientific Technologies, Inc., or affiliates, whichever is appropriate ("Omron STI"), is subject to credit approval and other terms that may be set by Omron STI. Approved transactions shall be governed by the laws of the State of California, and parties agree to resolve all issues in the State of California. Omron STI's terms and conditions shall prevail notwithstanding any variance with terms and conditions on any order submitted by purchaser. No other terms and conditions shall be binding upon Omron STI, unless specifically agreed upon in writing by an authorized official of Omron STI. |
| Warranty and Warranty Restrictions |
Omron STI warrants its products to be free from defects of material and workmanship and will, without charge, replace or repair any equipment found defective upon inspection at its factory, or other designated point provided the equipment has been returned, transportation prepaid, within one year from date of installation and not to exceed 18 months from date of factory shipment. Any software products are provided "AS IS" and "WITH ALL FAULTS" and Omron STI makes no warranty that the operation of software products will be uninterrupted or error free.THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESSED OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No representation or warranty, express or implied, made by any sales representative, distributor, or other agent or representative of Omron STI which is not specifically set forth herein shall be binding upon Omron STI. Omron STI shall not be liable for any incidental or consequential damages, losses or expenses directly or indirectly arising from the sale, handling, improper application or use of the goods or from any other cause relating thereto and Omron STI's liability hereunder, in any case, is expressly limited to the repair or replacement (at Omron STI's option) of goods.
Warranty is specifically at the factory. Any on-site service will be provided at the sole expense of the buyer at standard field service rates.
All associated equipment must be protected by properly rated electronic/electrical protection devices. Omron STI shall not be liable for any damage due to improper engineering or installation by the purchaser or third parties. Proper installation, operation and maintenance of the product becomes the responsibility of the user upon receipt of the product. Returns and allowances must be authorized by Omron STI in advance. Omron STI will assign a Returned Goods Authorization (RGA) number which must appear on all related papers and the outside of the shipping carton. All returns are subject to final review by Omron STI. Returns are subject to restocking charges as determined by Omron STI.
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Fulfillment of any order is contingent upon the availability of materials. Omron STI shall not be liable for any delay in delivery or nondelivery in whole or in part caused by the occurrence of any contingency beyond the control of either Omron STI or suppliers to Omron STI including, but not limited to war, sabotage, acts of civil disobedience, failure or delay in transportation, act of any government or agency subdivision thereof, judicial action, labor dispute, fire, accident, epidemic, quarantine, restrictions, storm, flood, earthquake or acts of God, shortage of labor, fuel, raw material, machinery or technical failure where Omron STI exercised ordinary care in the prevention thereof. If any contingency occurs, Omron STI may allocate production and deliveries among Omron STI's customers.
If Omron STI, at its sole discretion, determines that Omron STI's performance hereunder would result in a loss to Omron STI on this sale as computed under Omron STI's normal accounting procedures, due to causes beyond Omron STI's control, then Omron STI may terminate this agreement in whole or in part without any liability for any delay in the delivery of or failure to deliver the goods sold hereunder. |
Payment shall be made net 30 days after date of invoice, unless specifically agreed upon otherwise in writing by Omron STI. All invoices paid after date due may be assessed a late payment service charge of 18% per annum or the maximum allowed by applicable law, whichever is lower. Until invoice is paid in full purchaser hereby grants Omron STI a security interest in product sold hereunder in accordance with the Uniform Commercial Code.
If, in Omron STI's judgment, the purchaser's financial condition at the time merchandise is ready for shipment does not justify the terms specified, Omron STI reserves the right to change these terms or to require full or partial payment in advance. Omron STI may, at any time, suspend performance of any order or require payment in cash, security, or other adequate assurance satisfactory to Omron STI when, in Omron STI's opinion, the financial condition of buyer or other grounds for insecurity warrant such action. All sales are subject to the approval of Omron STI's credit department. |
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| Prices are F.O.B. (EXW for foreign sales) our factory and are exclusive of all taxes. All exception price agreements must either be drop-shipped or a purchase order accompanied by the distributor order. |
| Delivery shall occur and risk of loss shall pass to the buyer upon delivery of the material to the carrier at point of shipment. Transportation shall be at buyer's sole risk and expense, and any claim for loss or damage in transit shall be against the carrier only. |
| Buyer shall comply with all applicable laws, regulations and licenses regarding (i) export of products or information; (ii) sale of products to "forbidden" or other proscribed persons; and (iii) disclosure to non-citizens of regulated technology or information. |
| The promised delivery date is the best estimate possible based upon current and anticipated manufacturing capabilities of when the product will be shipped. Omron STI assumes no liability for loss, damage, or consequential damages due to delays. All packages should be opened immediately and inspected for concealed damage, shipment discrepancies, etc. Any concealed damage must be reported to carrier within 7 days. Please keep all original packaging for carrier inspection. Any discrepancies with your order must be reported to Omron STI within 30 days of receipt. |
| THE PRODUCTS ARE NOT AUTHORIZED FOR USE AS CRITICAL COMPONENTS IN MEDICAL OR LIFE SUPPORT DEVICES OR SYSTEMS OR FOR USE IN AVIATION OR NUCLEAR APPLICATIONS WITHOUT THE EXPRESS WRITTEN APPROVAL OF THE PRESIDENT OF Omron STI. LIFE SUPPORT DEVICES OR SYSTEMS ARE THOSE WHICH ARE INTENDED TO SUPPORT OR SUSTAIN LIFE AND WHOSE FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT INJURY TO THE USER. CRITICAL COMPONENTS ARE THOSE COMPONENTS WHOSE FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO CAUSE FAILURE OF A LIFE SUPPORT DEVICE OR SYSTEM OR AFFECT ITS SAFETY OR EFFECTIVENESS. |
| Any cause of action arising from this agreement, or breach of it, must be commenced within one year after the cause of action occurs. Omron STI has the right to correct any stenographical or clerical errors in any of the writings issued by it. These terms and conditions of sale constitute a complete and exclusive statement of the terms and conditions of the sale of goods by Omron STI to buyer. There are no other promises, conditions, understandings, representations, or warranties. This agreement may be modified only in writing signed by Omron STI. No waiver of any right will be effective against Omron STI unless supported by consideration and expressly stated in writing signed by Omron STI. Omron STI's failure to enforce any right will not be construed as a waiver of Omron STI's rights to performance in the future. Buyer may not assign any rights to, or delegate any performance owed under the agreement without the written consent of Omron STI. Omron STI shall have the right to credit payment of any moneys that may become due Omron STI hereunder and any sums which may now or hereafter be owed to buyer by Omron STI. |
| Omron STI is committed to provisions outlined in the Equal Opportunity Clauses of Executive Order 11246, (60-1.4), section 503 of the Rehabilitation Act of 1973, (60-741.5), and, section 402 of the Vietnam Era Veterans Readjustment Act of 1974, (60-250.4), as well as any other regulations pertaining to this order. |
Registered Trademarks®
Scientific Technologies Inc., BeamSafe, DuoSafe, FlexSafe, MegaSafe, MicroSafe, MiniSafe, OptoFence, OptoSafe, OptoShield, QuadSafe, STI.
Others
STI and Scientific Technologies, Inc. are registered trademarks of Omron Scientific Technologies, Inc. All other trademarks, brands and names are property of their respective owners.
Trademarks TM
DeviceNet |
Elements of the electronics and optics essential to meet the specifications and performance standards of Omron STI products are covered by one or more of the following US Patent Numbers:
5,302,942; 5,281,809; 5,393.973; 5,461,227; 5,939,670; 6,294,777; 6,297,498; 6,493,653; 6,587,811; 6,635,862; 6,665,621; 6,680,469; 6,753,776; 6,896,533; and other US and International patents pending.
This document contains proprietary information protected by copyright. No part of this document may be reproduced, transmitted, transcribed, stored in a retrieval system or translated into any language, in any form or by any means without prior written permission from Omron Scientific Technologies, Inc, 6550 Dumbarton Circle, Fremont, CA 94555-3605, USA. Omron STI reserves the right to make changes to the specifications, product and software described within this catalog at any time without obligation of Omron STI to notify any person of such revisions or changes. Omron STI also reserves the right to make changes or revisions to the material contained in this catalog and cannot be held liable for incidental or consequential damages resulting from the furnishing, performance, or use of this material.
© Copyright, 2007 By Omron Scientific Technologies, Inc. All rights reserved. |
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