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Terms and Conditions
TERMS AND CONDITIONS
These terms and conditions are subject to change without notice.
This revision of the Terms and Conditions agreement is effective as of 03 MAY 2012.
Terms and Conditions on a quote take precedence over these general Terms and Conditions listed here and these take precedence over those listed on supplier website.
As used herein, the word “customer” means the organization requesting service or parts from “supplier”, which is Surface Mount Inspection Services, (also known as SMIS), or AOI-Service Group (also known as AOISG). “Tube” may be used to refer to the x-ray “source”.
This agreement is between customer and SUPPLIER .
The following conditions shall apply:
1. Charges
Customer shall pay all expenses related to the job. If applicable, this shall include, but shall not be limited to, airfare, all rental car, insurance and fuel charges, personal automobile charges as related to the job (drive to/from airport, to/from customer, and any other job related driving charges) at the standard government rate (currently $0.55 per mile), airport parking charges, taxi services, tolls, parking, hotel charges, visas, work permits, excess baggage fees (if necessary to carry tools or parts needed for the job), any necessary medical or automobile insurance fees, liability or other insurance required by customer, foreign currency exchange fees (if traveling to or through foreign countries for the job), unscheduled layovers due to cancelled flights or other reasons not the fault of SUPPLIER, and a per diem of $45 to include meals, phone charges, airport shuttle service tips, rent-a-cart charges, and other incidentals.
2. Booking for Onsite Service
Unless otherwise agreed upon and specifically, but not exclusively, for international travel, customer shall make travel arrangements for airfare, rental car, and hotel, and shall arrange for all travel costs to be charged to customer. Before final booking, itinerary must be discussed with SUPPLIER to help assure this schedule allows sufficient time, etc. to complete the job. Flights shall be booked from and returning to John Wayne Airport (SNA) in Santa Ana, CA unless otherwise agreed upon. If SUPPLIER is to book itinerary, it is understood that a best effort will be made to keep costs down while at the same time considering the best flight times necessary to complete the job, obtain lodging convenient to the jobsite in a hotel similar in standards to a typical Holiday Inn, have access to restaurants, etc.
All flights scheduled for longer than ten (10) hours or that require travel throughout the night, will be booked as Business Class or higher.
3. Rates
For non-emergency service, travel time shall be defined as port to port (from support engineer’s dispatch location (home base or hotel, as applicable) to customer’s site or hotel, as applicable, and return). Travel time shall be charged at an hourly rate of $200 per hour, including the airlines’ recommended early arrival at airport of 1-1/2 hours before flight departure to leave adequate check-in time. Travel time charges shall never exceed $1250 for any single day.
For non-emergency service, labor time shall be charged at a standard hourly rate of $200 or $1250 per day, whichever is less, for the first twelve (12) hours of combined travel and labor time necessary to complete the job. After this time, an additional $250 per hour will be added to the charges for the day, if necessary. If the hourly rate applies, a minimum of four (4) hours will be charged.
If emergency service is required, the service (travel and/or labor) will be charged at $300 per hour or $1800 per day, whichever is less for the first twelve (12) hours of combined travel and labor time necessary to complete the job. After this time, an additional $350 per hour will be added to the charges for the day, if necessary.
Emergency service is defined as (1) weekend or holiday work, (2) customer requires service with less than three (3) days’ notice, (3) service is required at times other than standard day shifts, or (4) SUPPLIER is required to reschedule other customers or duties.
A minimum of four combined travel and labor hours shall be paid for any single day.
4. Conditions of Service
If this site visit is for installation, operator training, scheduled maintenance, or for any reason other than repair, it is assumed that the system to be worked on at customer site is a fully functional system. Although all efforts will be made by SUPPLIER to repair any system or machine defects, it shall only be responsible for the above mentioned duties, and it is understood that it may not be possible to complete the assigned job due to system non-functionality or other unforeseen circumstances. SUPPLIER shall be paid for all services and expenses incurred regardless of whether or not the system is functioning after SUPPLIER has completed its work. SUPPLIER shall not be responsible for system functionality or any consequential damages. It is understood that during testing, troubleshooting, etc., parts and subsystems may be stressed and although they will not normally be tested above their normal operating parameters, a weak part, although working before testing, could become damaged. This applies specifically, but not exclusively, to x-ray subsystems and AOI system stages.
If SUPPLIER is performing a x-radiation leakage test on customer’s x-ray equipment, it is the responsibility of the customer to determine if there are any special state or local requirements or certifications necessary. SUPPLIER does not have any special certifications but has been trained on proper procedures for the specific line of CR Technology / Photon Dynamics x-ray systems.
If the site visit is specifically to repair a defective machine, SUPPLIER will make a best effort to successfully complete the repairs in a timely and efficient manner. However, due to lack of availability of parts, time, etc. it may not be possible to successfully repair the system. If this is the case, SUPPLIER is to be paid for all service time and expenses incurred. SUPPLIER shall not be responsible for system functionality or any consequential damages.
Site preparation, which includes but is not limited to, correct wiring and plugs, air availability, cleanliness, etc. is the responsibility of the customer. In addition, any movement of assemblies or systems is the responsibility of the customer. SUPPLIER can furnish the required specifications and procedures on request.
In no event will SUPPLIER be liable for direct, special, incidental, indirect, consequential, exemplary, or multiple damages or downtime costs, loss of data, restoration costs, lost profits, regardless of whether such claims are based on contract, tort, warranty, or any other legal theory, even if advised of the possibility of such damages. SUPPLIER will not be liable for performance delays or for non-performance.
5. Service in Foreign Countries
SUPPLIER engineers and other SUPPLIER representatives are not allowed to drive in countries outside the U.S.A. or Canada. It will be the responsibility of the customer to provide transportation. If customer cannot provide this, SUPPLIER will use taxis or other services that SUPPLIER deems necessary and the charges will be added to the final invoice.
If the U.S. State Department has issued a travel advisory for the country to which SUPPLIER is required to travel to or through or if there are other dangers, SUPPLIER will take out K&R (Kidnap and Ransom) insurance and medical insurance adequate for the countries where they will be traveling for the job. Medical insurance will include emergency evacuation. Customer will be required to pay these expenses in advance of travel. The SUPPLIER representative will determine the amount of insurance necessary and it will be at his/her option whether to go or not. During certain periods, SUPPLIER will not travel to some areas of the world.
Under most conditions, payment in advance will be required for estimated service, parts, and expenses in all countries outside the U.S.A.
6. Parts, Assemblies, and Systems
If parts are needed, SUPPLIER will assist in obtaining them but the agreement for parts shall be solely between customer and the parts distributor. SUPPLIER shall not be responsible for obtaining or purchasing them or their functionality, unless the part is specifically purchased from SUPPLIER. If both customer and SUPPLIER are in agreement, SUPPLIER will install the parts. However, SUPPLIER shall not be responsible for their functionality or any consequential damage they may cause. If a part or subassembly is purchased from SUPPLIER, customer is responsible for all shipping and handling charges. If the part is or becomes defective, customer shall pay all shipping and handling charges to return the part to SUPPLIER for repair, replacement, etc. and customer shall pay all shipping and handling charges to receive the part back. Customer assumes responsibility for all risks and costs associated with the parts shipment. Insurance will usually be taken out for the shipment unless customer states in writing that they do not want insurance, but in any case, SUPPLIER will not be responsible for any shipping damages or losses.
Unless specified otherwise in writing, parts specifically sold by SUPPLIER are generally warrantied for the thirty (30) days from date of purchase or installation, whichever comes first. New computers built by SUPPLIER will be warrantied for six (6) months from date of shipment to customer, unless specified otherwise in writing. When building computers or software, SUPPLIER will not be responsible for functionality of printers, networking, monitor, or other peripheral devices. Lamps, drive belts, and other expendable items have no warranty. Software CD’s, documentation, and schematics have a thirty (30) day warranty, are non-returnable and if damaged, will be replaced with like. Motion control system hardware is warrantied for ninety (90) days from ship date. Teknic Trajectory Generators (TG’s), if repaired by SUPPLIER have a sixty (60) day warranty. If it fails before that period of time, SUPPLIER will repair the part at no charge. If a repair is not possible, a new TG will be sold to customer at the standard rate minus the repair charges if the problem occurs during the warranty period. New and repaired Teknic TG’s and NC’s have a sixty (60) day warranty. SST’s have a six (6) month warranty. Contact SUPPLIER for warranty details on other parts.
If a part is defective or becomes so while SUPPLIER is on site, at the mutual agreement of customer and SUPPLIER, SUPPLIER will wait for the new part to arrive at which time SUPPLIER will install it. Wait time shall be charged at the above mentioned travel rate at a maximum of four (4) hours per day.
If a part becomes defective within seven (7) days of installation of the part, labor charges for defective parts replacement shall be at seventy-five percent (75%) of the standard labor rate, if customer and SUPPLIER both agree that SUPPLIER is to do the reinstallation. However, travel charges and expenses shall not be reduced.
If customer purchase of parts is non-taxable, a Tax Exempt Certificate is required to accom pany the purchase order if the order is within the state of California.
Customer may only return a part after receiving a SUPPLIER RMA number. Some parts are not returnable and this will be at the option of SUPPLIER. If customer wishes to return a purchased part, SUPPLIER must be advised of this within five (5) days of receipt and SUPPLIER must approve the return. Unless specifically stated otherwise, there will be a restocking fee of $100.00 or ten percent (10%) of the invoiced amount of the part. This fee is usually charged to SUPPLIER by their vendors. Part must be shipped (postmarked) within three (3) days of SUPPLIER approval. The returned part(s) must be in the same condition as received and, if applicable, security labels must not be tampered with.
Parts, assemblies, etc. shipped to SUPPLIER for evaluation, repair, etc. and not claimed within sixty (60) days after SUPPLIER receipt without prior approval of an extended non-return time is subject to non-return.
Site preparation, which includes but is not limited to, correct wiring and plugs, air availability, cleanliness, etc. is the responsibility of the customer. In addition, any movement of assemblies or systems is the responsibility of the customer. SUPPLIER can furnish the required specifications and procedures on request.
Parts shipment is the responsibility of the customer. Customer’s carrier and account number will be used for all shipments, inbound and outbound for any reason. Insurance will automatically be taken unless customer states in writing that customer will assume all risk and responsibility. Risk of loss and damage will pass to customer upon delivery of item(s) to carrier.
Any special acceptance procedures must be agreed to by SUPPLIER authorized representative in writing and may be subject to additional charges.
In no event will SUPPLIER be liable for direct, special, incidental, indirect, consequential, exemplary, or multiple damages or downtime costs, loss of data, restoration costs, lost profits, regardless of whether such claims are based on contract, tort, warranty, or any other legal theory, even if advised of the possibility of such damages. SUPPLIER will not be liable for performance delays or for non-performance. SUPPLIER is not responsible for downtime due to lack of availability of replacement parts.
Systems and modules sold are, unless stated otherwise, pre-owned equipment and the serial number of the system or module, if available, indicates the date of manufacture in most cases. Since SUPPLIER in many instances is not aware of the pre-owner(s) or service or parts replacements up to the time of SUPPLIER purchase of the system or module, it is possible that parts older than the system manufacture date are installed in the system or module. If a part date of manufacture is available, SUPPLIER will notify customer of this date if this is requested. The serial number of a system generally indicates the date of manufacture of the cabinet only and not the individual parts.
Customer understands that equipment purchased from SUPPLIER (systems and modules) are usually pre-owned and may have some dings, scratches, and/or other superficial damage or signs of wear. However,this will not affect operation and the equipment will be fully functional.
If SUPPLIER packs customer parts or systems, it is understood that SUPPLIER are not professional packers and will do the best to their skill level but are not responsible for any losses or damages.
X-ray tubes and controllers:
Customer understands that if a different type of x-ray tube is being installed from the original, there may be a possibility that the stage or other moving parts can come in contact with the tube and possibly damage it or something else. Adjustments to the stage limit switches, etc. may reduce this possibility but in all cases (even with original equipment), care must be taken by the operators, etc. Neither SUPPLIER nor any of their contractors will be responsible for any such damage.
The warranty will be determined by the manufacturer and is not the determination or responsibility of SUPPLIER. The warranty is the manufacturer’s warranty only.
Any damage (internal or external) is the responsibility of customer.
If customer is installing the tube themselves, SUPPLIER or its representative will assist customer in correctly installing the tube by offering phone or e-mail support and/or writing a procedure if agreed upon by both parties. However, error or omissions will not be the responsibility of SUPPLIER or their representative. Any damage will be the responsibility of the customer.
If SUPPLIER or its representative will not be onsite for the installation, it will be the responsibility of the customer to assure that the work is done properly and safely and that there is no x-radiation leakage. SUPPLIER normally performs an x-radiation leakage inspection test after installing a replacement tube. If SUPPLIER is not onsite, this will be the customer’s responsibility.
If a loaner tube is being used, it is the customer’s responsibility to safely install and care for it. Any damage to the loaner parts will be customer’s responsibility.
Loaner parts and assemblies:
All parts loaned to customer are the responsibility of the customer. Any damage or incorrect usage is the responsibility of the customer and customer will be responsible for all related expenses, including, but not limited to, purchase or repair of the loaner part or assembly and any damage to the machine itself.
If any part or assembly is loaned to a customer to allow customer equipment to be useable while waiting for a final part to be installed, and if customer decides to cancel order, there will be a weekly charge of an amount agreed upon in the quote. At this time, a loaner x-ray tube and/or controller has a weekly charge of $275. If the equipment fails to function properly, SUPPLIER must be notified immediately in order to stop charges, if applicable. Even if SUPPLIER is notified, parts must be returned to SUPPLIER in a reasonable time (five (5) business days unless stated otherwise) or charges will continue to accrue.
7. Software
If SUPPLIER installs proprietary software on any customer computer, it is the responsibility of customer to change the System Registry site license number to the one purchased by customer. SUPPLIER often installs a generic version of software which MUST be re-licensed immediately on receiving the computer. It will be assumed that this procedure will be followed unless SUPPLIER receives in writing that customer does not wish to follow this procedure. If this is the case, customer will either pre-load or send the software to SUPPLIER for use on the computer or agree to SUPPLIER purchasing the software and charging customer for it. This software is generally Micro Soft but is not limited to any particular com pany or type. If customer needs instructions on how to do this, it may be obtained on the Micro Soft website in the case of Micro Soft software or, if available, SUPPLIER will send the procedure to customer if requested.
8. Conditions of P.O.
Note: If the quote total does not include expenses which include, but are not limited to, airfare, lodging, parking, rental car, and meals, these expenses will be billed at the amount charged and added to the final invoice. Please note this on your P.O.
No work can begin until a Purchase Order (P.O.) is issued.
If additional time, materials, or other expenses are required, a second P.O. shall be generated.
If customer is being direct billed for airfare, hotel, or rental car, the P.O. total may be reduced by those amounts if they have been included in the quote.
If payments are to be wire transferred, please contact SUPPLIER for bank information.
Please add $30.00 to invoiced amount for domestic transfers and $45.00 for international wire transfers (unless wire transfer processing fee has been noted on the invoice) for wire transfer charges SUPPLIER incurs from the bank and its accounting process. All wire transfers are to be in U.S. Dollars only.
SUPPLIER payment terms are thirty (30) days unless otherwise agreed upon. Please adjust your P.O. accordingly.
If a P.O. is canceled by customer, customer is responsible for paying any non-refundable expenses (including, but not limited to, any parts purchased for the P.O. that are non-returnable and airfare cancellation fees) that SUPPLIER has incurred up to that time. At SUPPLIER’’s option, there may also be a $100.00 cancellation fee charged.
9. Payment in Advance of Service or Shipment of Parts
U.S. based companies or organizations that are not “active” SUPPLIER customers are subject to paying half the estimated service charges and all the expenses and parts’ costs prior to a SUPPLIER engineer scheduling an itinerary for the service visit or parts’ shipment in the case of a parts only P.O. Non active customers based outside the U.S. are subject to paying all estimated service fees, expenses, and parts’ costs prior to SUPPLIER scheduling the service trip or shipping the parts.
For the purposes of this Terms and Conditions agreement, “active” is defined as a customer that SUPPLIER has worked with in the past and that have paid all invoiced charges on time without intervention. Customer can request from SUPPLIER whether they are in the SUPPLIER active database at the time of the quote.
If any portion of payment in advance is required and not received within the later of fifteen (15) business days from the issue date of the Purchase Order or a mutually agreed upon date, the agreement is subject to cancelation.
High cost items such as, but not limited to, x-ray sources (“tubes”), controllers, and systems will usually require one-half (1/2) the total cost in advance of shipment. Due to wararnty time-limits, other customers requesting the same items, etc., if the first installment payment has not been received within the later of fifteen (15) business days after issue of the Purchase Order or a mutually agreed upon date, the agreement is subject to cancelation.
10. Delinquencies and late fees
If any legal fees, travel costs, or other costs are incurred in order to collect the billed amount, customer shall be responsible for paying these fees. All court cases, arbitration, etc. are to be held in Orange County, CA unless mutually agreed upon otherwise.
A late fee of one and one-half percent (1.5%) or the maximum allowable by law, whichever is less, will be added to the invoice for every thirty (30) days the billed amount is overdue. In addition, if the invoiced payment is more than thirty (30) days late, a ten percent (10%) surcharge will be added to any future quotes. Also, at the option of SUPPLIER, payments may then be required in advance of services.
11. Quote time limits
Quotes are valid for thirty (30) days from the date signed by service/application engineer unless specifically stated otherwise on the quote.
12. Binding of P.O. to Terms and Conditions
Issuance of a P.O. indicates this Terms and Conditions agreement has been read and approved even if the quote is not initialed, signed, and returned. However, SUPPLIER does expect the quote to be returned (initialed and signed) with the P.O.
Any term or condition specified in the quote overrides these standard terms and conditions.