EPIX INC. TERMS OF SALE & QUOTATION
EFFECTIVE DATE: 01 JULY 2012
EPIX INC. Terms of Sale & Quotation supersede and take precedence over all other
documents - specifically including terms on purchase orders, requests for
quotation and requests for proposals. No modification is effective unless
signed by an officer of EPIX INC.; clause (6)(h) can only be modified by the
express written agreement of the president of EPIX INC.
This document appears on the
INTERNET at www.epixinc.com/legal/termsofsale.htm .
Terms of Sale are Net 30 day payment with approved credit in U.S. Dollars
upon shipment from our Buffalo Grove plant in Lake County, Illinois under
the Illinois Uniform Commercial Code (810 ILCS 5/).
- All shipments are EXW our Buffalo Grove plant and EPIX INC. shall have no
responsibility for loss or damage once product has been accepted by
freight carrier. Customer may request prepaid shipment or shipping
insurance, which will be invoiced as separate line items.
- EPIX INC. will ship to international customers in accordance with export
regulation of the United States. The cost of preparing documents and
complying with export regulations will be invoiced as one or more separate
- EPIX INC. will invoice Illinois Sales Tax as a separate line item for
products sold to a company doing business in Illinois or providing an
Illinois shipping address - unless Customer provides a satisfactory sales
tax certificate for resale or other purpose.
- Merchandise manufactured by EPIX INC. bears one or more of the following
Registered Trademarks: EPIX(R), EPIXINC(R), PIXCI(R), or SILICON
VIDEO(R). Merchandise manufactured by other companies will bear their
- EPIX INC.:
EPIX INC. shall only be responsible for any required repair or replacement
of a defective component or a refund of the price paid by the Customer for
the line item of a defective or infringing product. EPIX INC. shall not
be responsible for any direct or consequential damages of any kind that
Customer may incur.
Warrants that it has clear title to all products sold to Customer.
- Warrants that it has complied with applicable laws and regulations
and will supply Customer upon its request with documentation, which
may be invoiced as one or more separate line items.
- Warrants that all products bearing an EPIX INC Registered Trademark
were engineered and manufactured in the United States of America
from domestic or imported components.
- Extends a LIMITED WARRANTY of merchantability that is primary for
all products bearing an EPIX INC. Registered Trademark for a period
of one year from invoice date.
- Extends a LIMITED WARRANTY of merchantability for products not
bearing an EPIX INC. Registered Trademark that is secondary to the
manufacturer's warranty for a period not to exceed one year or that
of the manufacturer's warranty, whichever is less, from invoice
- DECLINES TO EXTEND ANY WARRANTY OF FITNESS for any purpose unless
EPIX INC. enters into a separate Engineering Services agreement that
may contain a Limited Warranty of Fitness.
- Extends a LIMITED WARRANTY that any product bearing an EPIX INC
Registered Trademark did not infringe a United States Patent,
Registered Trademark or Copyright at the date of shipment.
- DECLINES TO AUTHORIZE the use of any products, whether or not
bearing an EPIX INC trademark, as critical components in life
support devices or systems without the express written approval of
the president of EPIX INC.
- Any response to a Request For Quotation or a Request For Proposal shall be
open for acceptance for a period of 30 days after the date of the
response. Acceptance must be received no later than the close of business
on the 30th day - except when that day is a holiday or weekend, in which
case by the close of the next business day. Acceptance must be
unconditional in order to form a sales contract.
- EPIX INC. will endeavor to process and ship Customer's order with
dispatch; however, it shall not be liable to Customer for any penalty or
cost arising from any delay caused by part shortages, shipping
interruptions, unforeseen events or any other circumstances.
- EPIX INC. and Customer agree that any dispute over the interpretation of a
document or responsibility of either party shall be submitted to an
arbitrator having an office in Lake County, Illinois under the terms of
the Illinois Uniform Arbitration Act (710 ILCS 5/). A decision by an
arbitrator - including an apportionment of costs - shall be final and
enforceable. The Circuit Court of Lake County, Illinois shall have sole
and exclusive authority to enforce the arbitrator's decision.