SALES TERMS AND CONDITIONS
ENTIRE AGREEMENT
The terms set forth herein 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 Symetrix, Inc. (the “Seller”) unless in writing signed by the Seller or an authorized representative. No salesperson or agent of the Seller has any authority to change in any manner the terms and conditions of these sales unless empowered explicitly in writing by duly signed management with authority.
PAYMENT
Acceptance of credit granted by the Seller does not constitute an agreement of being an authorized dealer or distributor. If requesting net 30-day terms, a credit application must be completed. WIRE/ACH and credit card payments are accepted if requesting prepay terms. Dealer provides and authorizes credit card information to be held on record with the Seller by phone with the Seller’s accounting department. 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.
ORDERS AND CLAIMS
All orders are subject to the approval of the Seller. All orders are placed under the Seller’s terms & conditions. The Seller reserves the right to decline any purchase order and cancel any previously accepted purchase order without liability.
Determining product suitability for a particular purpose or application is the buyer’s responsibility.
Buyers are responsible for the total freight charges associated with each shipment. The Seller reserves the right to select the freight carrier and method.
The buyer acknowledges that the requested ship date is a buyer’s request and no binding to the Seller. In some scenarios, the Seller may be required to ship the buyer’s order in partial increments at the Seller’s discretion, and the buyer may be responsible for any additional freight charges incurred. It is the recipient’s responsibility to inspect the shipment at the time of deliver thoroughly.
Any goods or services ordered by the buyer which the Seller must specially order shall not be returnable or exchangeable. Buyer shall notify the Seller in writing within ten (10) days of receiving the goods of any claim whatsoever concerning the goods. Such notice shall state with particularity each defect or problem with the goods, and the 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 the buyer ten (10) days after the buyer’s receipt of the goods except for goods subject to such written notice.
All returns are subject to prior approval by Seller Restocking fees may apply.
- Returns due to an error by the Seller or return of a defective unit: Units returned within 90 days will not be subject to a restocking fee and will be 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 the Seller):
- Units in a factory sealed box and purchased within 30 days can be returned without a restocking fee in exchange for a PO of greater value.
- The Seller is not responsible for freight.
Restock Fee Schedule for Returns to stock (not due to an error by the Seller):
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 either agreed upon incoterms or at the place of domestic delivery. Thereafter, the buyer shall receive such a receipt of goods risk, including any goods returned to the Seller, until the Seller confirms receipt.
WARRANTY
The Seller’s Limited Warranty can be found here:
https://www.symetrix.co/support/warranty-policy/
NON-WAIVER: GOVERNING LAW
Any failure or delay on the Seller’s part to exercise any of its rights hereunder shall not constitute a waiver of the 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 Unite States District Court of the state of Washington. The parties at this moment 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.
FORCE MAJEURE
The Seller shall not be held liable for shipping delays or non-delivery due to causes beyond the reasonable control of the Seller, 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
The Seller reserves the right to adjust pricing. Prices, specifications, availability, and delivery times are subject to change without notice. No liability is taken for typing or printing errors. Current price lists supersede all previous versions. The Seller may add, modify, or discontinue items from its list of products at any time. The Seller is under n obligation to market or supply any products.
ACCEPTANCE
The terms mentioned above apply exclusively for all orders unless confirmed otherwise on this invoice. Specifically, separate purchase order terms or conditions provided by the buyer do not apply and are not accepted by the Seller. If payment is made for this invoice or the buyer Receives produce, professional design services, accesses or downloads the purchase licenses or subscriptions or services, or uses the provided services, it is understood and agreed that the Seller terms are accepted by the buyer and apply exclusively.
