Q-PLUS Labs Terms & Conditions for Product Sales
Q-PLUS Labs Terms & Conditions shown on this website are subject to change without notice. REV C 10-16-2020
- PRICES: All prices quoted are subject to change, without notice, at any time prior to Seller’s acceptance of Buyer’s purchase order, to prices prevailing at the time of acceptance. If there is a delay in completion of shipment of said order, due to any change requested by Buyer or as a result of any delay on Buyer’s part in furnishing information required for completion of the order, the price agreed upon at the time of acceptance of the order is subject to change. Prices are FOB point of origin unless otherwise agreed to and noted on the invoice and are exclusive of all taxes – federal, state, or local, which shall be paid directly by Buyer. There will be added to the quoted price any sales or other tax or duty Seller pays or is required to collect or pay upon sale of merchandise quoted. If such an amount is not included in the invoice for the merchandise, it may be separately invoiced at a later time.
- TERMS OF PAYMENT: The terms of payment are provided on the face of the invoice. A finance charge of 1.5% per month will be added to all invoices not paid within specified terms.
- CREDIT: All sales are subject to the approval of Seller’s credit department.
- DELIVERY: If an estimate of time of shipment or delivery has been made in a proposal, it is to be understood that it is approximate only and will begin to run on the date of Seller’s acceptance of Buyer’s purchase order and receipt of all specifications; except that in the case of special items considered to be non-standard by Seller, it will begin to run on the date which Seller received complete information necessary to design and manufacture. All estimated shipping dates that are subject to delays caused by Seller, civil insurrection, war, fire, strikes, labor stoppages, acts of God, shortages of fuel, energy, or materials, the failure of suppliers or subcontractors who satisfactorily meet scheduled deliveries, the establishment of any priority systems by the U.S.A. Or its agencies, or any other factor or cause beyond Sellers control; none of which factors or cause shall give rise to any liability on Seller’s part whatsoever, including loss of use or for any indirect or consequential damages.
- RETURN/CANCELLATIONS: All returns must be pre-approved. A Return Materials Authorization number (RMA) can be obtained by contacting Q-PLUS Labs Products Customer Service Department within 15 days of the time of purchase. Product part numbers and date codes will be required along with the original packaging material. Shipments returned to Q-PLUS Labs Products must have the return number clearly marked on the outside of the package. Shipments received without a return number will be subject to an additional 5% handling fee. Authorization numbers will be canceled if the product is not received within 30 days of the authorization number issue date. The credit amount will be issued based on the purchase amount shown on the original invoice or purchase order less a 15% restocking fee. Also considered when determining credit amount is the reason for the return, condition of the unit, and any other applicable discounts OEM product, non-stock product, product built to customers’ specifications, software, raw materials, and/or batteries, cannot be returned for credit or exchange. Product returned because of an error or defect on the part of Q-PLUS Labs products will receive full credit. All other returns will be subject to handling fees to be paid by the customer. Freight charges incurred due to shipments and/or returns that are not due to an error on the part of Q-PLUS Labs Products are the responsibility of the customer.
- STORAGE: In the event that Buyer is unable to accept delivery of merchandise at the time of completion and/or shipment, Seller shall invoice Buyer for the full purchase price as if the shipment had been made and: (1) if Seller is able to store such merchandise in its own facilities, Seller reserves the right to arrange handling and storage in charges for the period of such storage; (2) if Seller is unable to store such merchandise in its own facilities, Seller reserves the right to arrange handling and storage in a suitable bonded warehouse for Buyer at Buyer’s expense. In cases where handling and storage become necessary per above, it will be the responsibility of the Buyer to notify Seller when the shipment is to be made.
- WARRANTIES: All goods sold by Seller are warranted to be free from defects in material and workmanship. Seller shall not be liable for incidental or consequential loses, damages or expenses, directly or indirectly arising from the sale, handling or use of the goods, or from any other cause relating thereto, and Seller’s liability hereunder, in any case, is expressly limited to repair or replacement of goods not complying with this agreement or at Seller’s election, to the repayment of, or crediting Buyer with, an amount equal to the purchase price of goods, whether such goods are for breach of warranty of negligence. This warranty shall not apply to any Seller product which has been; (a) repaired or altered other than by Seller or authorized or approved service personnel; (b) subjected to physical or electrical abuse or misuse, or (c) operated in any manner inconsistent with the applicable Seller instructions for use. This warranty is not transferable.
- RISK OF LOSS: Delivery shall occur and risk of loss shall pass to Buyer upon delivery of the material to a carrier at the 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.
- ARBITRATION: If any disputes arrive after the invoice has been sent to the customer such dispute(s) shall be referred in writing to arbitration and that decision shall be final and binding in all respects. The venue for any arbitration hereunder shall be in the State of California, whether or not such venue is or subsequently becomes inconvenient. Arbitration proceedings initiated pursuant to this agreement shall be conducted in accordance with the rules of the American Arbitration Association and shall provide for more than minimal discovery by each part. The arbitrator shall consider the matter in controversy and may hold hearings regarding the same. The arbitrator may grant any remedy or relief deemed just and equitable, including, but not limited to, any remedy or relief that would have been available to the parties had the matter been heard in court. The arbitrator shall enter an award in writing detailing his or her consideration of the relevant facts, the basis and reason of the decision, and adherence to the applicable law. This written decision shall be entered within thirty days after the matter is finally submitted. The prevailing party in any arbitration hereunder shall be entitled to recover from the non-prevailing party, all costs associated with such arbitration, including the service of the arbitrator and all other costs relating thereto (including fees and expenses of counsel to any party).
- LIABILITY OR RESPONSIBILITY: Q-PLUS Labs Products assumes no liability or responsibility for any acts, misuse of product, advertising, and violations of any local, state, or federal regulations or laws violated by the Buyer. The buyer assumes all responsibility for his/her acts and is responsible for researching local, state, or federal regulations relating to the use of Seller’s products.
- WAIVER: The failure of either party hereto at any time to require performance by the other party of any of its obligations hereunder shall in no way affect the full right to require such performance at any time thereafter. The waiver by either party hereto of any remedy with respect to a breach of any provision hereof shall not be taken as a waiver of a remedy with respect to any succeeding breach of such provision or any breach of other provision.
- SEVERABILITY: The parties agree that each provision contained in these Terms and Conditions of Sale shall be treated as a separate and independent clause, and the unenforceability of any clause shall in no way impair the enforceability of any of the other clauses herein. Moreover, if one or more of the provisions contained in these Terms and Conditions of Sale shall for any reason be held to be excessively broad as to scope, activity or subject so as to be enforceable at all, such provision or provisions shall be construed by the appropriate judicial body by limiting and reducing it or them, so as to be enforceable to the extent compatible with the applicable law.
- MODIFICATION: The Terms and Conditions of Sale set forth herein may be accepted only in accordance with their terms. They may not be modified except by written agreement referring specifically to these Terms and Conditions of Sale and signed by a duly authorized representative of Seller. Any Provisions of Buyer’s purchase order, which is inconsistent with the foregoing, shall be of no force and effect. Seller shall have agreed to a modification of the Terms and Conditions of the Sale in the manner set forth herein.
Mailing Address: 13765 Alton Parkway Unit E Irvine, CA 92618, USA TEL: (949) 380-7758 FAX: (949) 380-7790