Sales Terms and Conditions
The terms herein set forth shall constitute the entire and only sale agreement between the two parties unless otherwise stated. no modifications or waivers or discharge of this contract or any of the terms shall bind the Seller unless in writing signed by the seller or an authorized representative. no salesman or agent of the seller has any authority to change in any manner the terms and conditions of these sales unless specifically empowered in writing by duly signed management with authority.
Acceptance of credit granted by SYMETRIX, INC. does not constitute an agreement of being an authorized SYMETRIX, INC. dealer or distributor. If requesting Net 30-day terms, an application for credit must be completed. If requesting prepay terms, WIRE/ACH and credit card payments are accepted. Dealer provides and authorizes credit card information to be held on record with SYMETRIX, INC. by phone with an SYMETRIX, INC. Accounting associate. Credit card processing fees are waived for prepaying purchases. Credit card payments towards qualified Net 30-day invoices are subject to processing fees. Wire transfer fees, credit card processing fees, and additional handling charges may apply.
Order and Claims
All orders are subject to the approval of Symetrix, Inc. All orders are placed under Symetrix, Inc. Terms & Conditions. SYMETRIX, INC. reserves the right to decline any purchase order and cancel any previously accepted purchase order without liability.
Determination of product suitability for a particular purpose or application is the customer’s responsibility.
Customers are responsible for the total freight charges associated with each shipment. Symetrix, Inc. reserves the right to select the freight carrier and method.
The buyer acknowledges that the requested ship date is a request of the buyer and not binding on Symetrix, Inc. In some scenarios, Symetrix may be required to ship your order in partial increments at our discretion and you may be responsible for any additional freight charges incurred.
It is the recipient’s responsibility to thoroughly inspect the shipment at the time of delivery.
Any goods or services ordered by Buyer which Seller must specially order shall not be returnable or exchangeable. Buyer shall notify Seller in writing with ten (10) days of receipt of the goods of any claim whatsoever concerning the goods. Such notice shall state with particularity each defect or problem with the goods and Buyer shall be precluded from relying on defects or problems not stated in the written notice as the basis for rejection or claimed breach. All goods shall be irrevocably accepted by Buyer ten (10) days after Buyer’s receipt of the goods except for goods which are the subject of such written notice.
All returns are subject to prior approval by Symetrix, Inc. Restocking fees may apply.
Returns due to an error by Symetrix or Return of a Defective Unit:
Units returned within 90 days will not be subject to a restocking fee and credited in full (including freight).
No credit will be issued for any item returned after 90 days from the invoice date.
Returns to stock (not due to an error by Symetrix):
Units in a factory sealed box and purchased within 30 days can be returned without a restock fee in exchange for a PO of greater value.
Symetrix is not responsible for freight.
Restock Fee Schedule for Returns to stock (not due to an error by Symetrix):
Factory Seal Intact
0-30 days from invoice date 10% if no replacement PO of equal or greater value is placed.
31-90 days from invoice date 15%
Returns not accepted after 90 days
Factory Seal Broken
May be returned up to 30 days and the restocking fee is 30%
Manner of payment
All payments due under this agreement Shall be in lawful money of the United States of America in immediately available funds.
Risk of loss
The risk of loss from any casualty to the goods regardless of the cause shall be on the seller up to the time of receipt of the goods by the buyer it either agreed upon incoterms or at the place of domestic delivery. Thereafter such receipt of goods risk shall be on the buyer including any goods returned to the seller until the seller confirms receipt.
Symetrix,s Limited Warranty
Non-waiver; governing law
Any failure or delay on the part of Seller to exercise any of its rights hereunder shall not constitute a waiver of Seller’s rights to exercise same for that on any subsequent default. This agreement shall be governed by the laws of the State of Washington. By these terms, this agreement falls under the jurisdiction and enforcement which shall be brought only in the state Courts of Snohomish County Washington and the United States District Court of the state of Washington. parties hereby submit to the governing law jurisdiction and venue to be exclusive of such named courts and waive the defense of inconvenience to the maintenance of any such action or otherwise.
Symetrix, Inc. shall not be held liable for shipping delays or non-delivery due to causes beyond the reasonable control of Symetrix, Inc. including but not limited to natural disasters, weather events, acts of God, fire, labor disputes or strikes, acts of war or terrorism, or interruption of delivery. Products on this price list may be discontinued without prior notice. Prices are subject to change without notice.
VARIANCE AND ADJUSTMENT
Symetrix reserves the right to adjust pricing based on raw materials and component price increase is related to global supply chain disruptions.
Prices, specifications, availability, and delivery times are subject to change without notice. No liability is taken for typing or printing errors. Current price lists replace all previous versions.
SYMETRIX, INC. may add, modify, or discontinue items from its list of products at any time. SYMETRIX, INC. is under no obligation to market or supply any of the products.
The aforementioned terms apply exclusively for all orders unless confirmed otherwise on this invoice. Specifically, separate purchase order terms or conditions provided by the customer do not apply and are not accepted by Symetrix. If payment is made for this invoice or the customer Receives produce, professional design services, or accesses or downloads the purchased licenses or subscriptions or services, or uses the provided services it is understood and agreed that Symetrix terms are accepted by the customer and apply exclusively.