DELIVERY. Delivery shall be F.O.B. Applied Beams or Applied Beams supplier’s place of business for domestic sales, and for international sales, Ex Works, INCOTERMS 2000. Applied Beams will provide estimated shipment dates upon acceptance of Buyer’s Purchase Order. Shipment dates on Applied Beams quotations are approximate only and Applied Beams will not be subject to liability for late or delayed shipment.
CREDIT FOR CORE RETURNS. Some products may require return of the depleted core item, such as a depleted ion source or non-functioning power supply. Such items must be returned physically intact and capable of refurbishment in order to receive credit. Please contact us if you have questions about your item prior to shipment to us.
RISK OF LOSS AND TITLE TRANSFER. Title to all Products shall be deemed to pass to the Buyer upon delivery to the carrier in case of U.S. domestic deliveries and, availability of the Products to the carrier in case of deliveries outside of the U.S., at point of shipment. Applied Beams reserves the right to select the method and routing of transportation and the right to make delivery in installments unless otherwise specified at the time of Purchase Order acceptance
ORDER CANCELLATION. Buyer may cancel an ordered item or reschedule a shipment without charge if the item(s) have not shipped and the cancellation or reschedule is made more than 180 days prior to the estimated shipment date. Within such 180-day period, an order for an item may be canceled by Buyer subject to the following cancellation charges:
|Cancellation prior to shipment on an item <$3000||n/a|
|Cancellation within 10 days of estimated ship date on an item >$3000||10%|
|Return within 30 days of shipment||50%|
Warranty Period. The following warranties apply:
a. For a new or remanufactured system to be installed by Applied Beams or Applied Beams’ designee, the warranty period shall be one year from Buyer’s acceptance.
b. For system upgrades, the warranty period is one year from Buyer’s acceptance.
c. For consumables and spare parts, the warranty period is 30 days from shipment.
During the applicable Warranty Period, Applied Beams warrants that:
a. The Product meets Applied Beams’ published specifications appropriate to the model and options purchased as of the shipping date; and
b. The Product will be free from defects in materials and workmanship or defects due to design (other than any design specified by Buyer).
For any failure covered by this limited warranty, Applied Beams shall repair or replace, at Applied Beams’ option, the defective system or component. Applied Beams will provide warranty services during normal business hours (Monday through Friday, 8 am – 5 pm) at Applied Beams’ cost. Charges to Buyer shall apply for warranty services scheduled during times other than normal business hours. Buyer shall promptly notify Applied Beams in writing of any covered warranty failure immediately upon discovery, and in any event, during the Warranty Period. Buyer shall allow Applied Beams field service personnel access to the Applied Beams system in its usual working condition and environment for warranty repair or replacements. Failure to provide such access shall relieve Applied Beams of its warranty obligations. Buyer shall also allow Applied Beams engineers to perform two preventive maintenance visits during the Warranty Period, subject to reasonable advance notice.
Repair or replacement of a defective system or other Product is the sole and exclusive remedy under this warranty. The replacement part may be a new or remanufactured part which is equivalent to new in performance. In case of replacing a defective component, Applied Beams will warrant the replacement part for the remaining Warranty Period or hours carried by the original system or component.
During the Warranty Period, replacement parts will be shipped on a no-charge basis to Buyer on condition that all defectives parts be returned to Applied Beams within five (5) business days of installation of replacement parts. If Buyer fails to return the defective parts promptly, Buyer shall pay Applied Beams for the full price of the replacement part.
Notwithstanding the above, this limited warranty does not cover (a) any system or portion thereof which is owned by the Buyer or based on the Buyer’s design; (b) any non-Applied Beams branded system or portion thereof in which the Applied Beams Product is a component; or (c) consumables.
This limited warranty is extended by Applied Beams to the original buyer, and is not assignable or transferable.
Some Applied Beams consumable products are not manufactured by or authorized by the Original Equipment Manufacturer (“OEM”). Use of these products may result in voiding your warranty and/or service contract with the OEM.
This limited warranty is void if failure has resulted from:
a. Misuse, mishandling, accident or neglect, noncompliance with Applied Beams specified Product operating environment or operation specifications, abuse and misapplication;
b. Improper packing or handling of the Product during relocation by Buyer;
c. Unauthorized modification to the system or part, attempts to install or de-install or perform unauthorized maintenance or repair by any person that is not an Applied Beams engineer;
d. Conditions resulting from normal wear and tear and Buyer’s failure to properly store, operate, handle, or maintain the system; or
e. An act or event beyond Applied Beams’ reasonable control and without Applied Beams’s fault or negligence, including but not limited to, a force majeure.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. BUYER’S EXCLUSIVE REMEDY FOR BREACH OR WARRANTY IS REPAIR OR REPLACEMENT, AT APPLIED BEAMS’ OPTION.
LIMITATION OF LIABILITY. IN NO EVENT WILL APPLIED BEAMS BE LIABLE FOR LOSS OF REVENUE, PROFIT, OR LOSS OF DATA, SUBSTITUTE GOODS, BUSINESS INTERRUPTION, OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER ARISING OUT OF THE USE OF OR INABILITY TO USE PRODUCTS OR OTHERWISE EVEN IF APPLIED BEAMS OR ITS SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL APPLIED BEAMS OR ITS SUPPLIERS’ OR LICENSORS’ LIABILITY TO BUYER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, OR OTHERWISE, EXCEED THE PRICE PAID BY BUYER FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO BUYER.
IN NO EVENT SHALL APPLIED BEAMS, ITS SUPPLIERS, CONTRACTORS, OR LICENSORS BE LIABLE TO ANY PARTY FOR CLAIMS OR DAMAGES ARISING OUT OF OR RELATED TO ANY DESIGN OR OTHER SPECIFICATION PROVIDED BY BUYER.
LIFE ENDANGERING APPLICATIONS. NEITHER APPLIED BEAMS NOR ITS LICENSORS SHALL BE LIABLE FOR ANY DAMAGES RESULTING FROM OR IN CONNECTION WITH THE USE OF APPLIED BEAMS PRODUCTS IN ANY APPLICATION WHERE THE FAILURE OR INACCURACY OF THE APPLIED BEAMS PRODUCT MIGHT RESULT IN DEATH OR PERSONAL INJURY.
INDEMNIFICATION. BUYER AGREES TO INDEMNIFY AND HOLD HARMLESS APPLIED BEAMS AND ITS EMPLOYEES, MEMBERS, CONTRACTORS AND LICENSORS FROM ANY CLAIMS, LOSS, COST, DAMAGE, EXPENSE, OR LIABILITY, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR IN CONNECTION WITH USE OF APPLIED BEAMS PRODUCTS AND SERVICES.
SOFTWARE LICENSE. Sale of the Products may include delivery of accompanying pre-installed software or firmware (collectively “Software”). Subject to Buyer’s compliance with these Terms and Conditions and/or other applicable agreement, Applied Beams hereby grants to Buyer a limited, nonexclusive, nontransferable license (without right to sublicense) to do the following: (a) install, copy, and reproduce the Software in object code only solely to operate the Product it accompanies; and (b) copy the documentation related to the Software solely to assist Buyer to use the Software to operate the Product. Buyer may not modify, adapt, translate, publish, distribute, reverse engineer, decompile, disassemble or create a derivative work based upon the Software. Buyer shall not make or distribute unauthorized copies of the Software, and shall acquire no rights of ownership in the Software. Title to and ownership of the Software and all extensions, enhancements and modifications thereof shall remain at all times with Applied Beams and/or its licensors. The license restrictions provided herein shall remain in effect in perpetuity.
FORCE MAJEURE. Applied Beams’ performance of any obligation hereunder shall be excused by any event beyond its reasonable control, including without limitation inclement weather, strikes, terrorism, governmental laws, regulations or interruptions thereof, war, equipment breakdown, interruption of transportation, and delayed deliveries to Applied Beams from Applied Beams’ suppliers which delays or prevents Applied Beams’ performance or makes performance commercially impractical due to unreasonable difficulty, expense, or risk of injury or loss.
EXPORT CONTROL. Buyer shall at all times comply with the United States laws and regulations governing export control. Buyer shall not use, lease, sell, or in any manner re-export any Applied Beams Product in any country, or to any Buyer or lessee in any country, other than the country of destination specified in Buyer’s Purchase Order, except in a manner expressly permitted by such laws and regulations.
TAXES AND DUTIES. Unless provided otherwise, Prices do not include federal, state, local, or foreign taxes, charges, fees, imposts, levies, duties, or other assessments of any kind or nature imposed by any government (“Taxes”). Buyer shall be responsible for payment of all Taxes on the sale of the Products.
GOVERNING LAW. These Terms and Conditions of Sale shall be governed by the laws of the State of Oregon, exclusive of its conflicts of law principles. Any disputes arising out of these Terms and Conditions of Sale that cannot be informally resolved shall be adjudicated exclusively by a court of competent jurisdiction located in Multnomah County, Oregon. These Terms and Conditions of Sale are expressly conditioned on the exclusion of the application of the United Nations Convention on the International Sale of Goods.