Orders may be placed by BUYER in writing or may
be placed by phone. BUYER shall provide EYEDOT
with a hard copy Purchase Order,, Letter of Authorization, or
other suitable document at the time of ordering. All orders are
subject to credit verification and acceptance by EYEDOT.
All applicable charges shall be invoiced by EYEDOT
on or about time of shipment. Terms are NET 30 days from
the invoice date. If credit considerations so warrants, or at
the request of the BUYER, Cash On Delivery (C.O.D.)
terms will apply. EYEDOT shall retain a security
interest in the Products furnished until the full purchase price
thereof shall have been paid and BUYER agrees to
promptly execute upon EYEDOT's request, and at EYEDOT's
expense, any documentation required to perfect EYEDOT's
security interest, BUYER's failure to pay
any amounts when due shall give EYEDOT the right
to possession and removal of the Products at any time upon EYEDOT's
demand. EYEDOT's taking of this action shall
be without prejudice to any other legal remedies EYEDOT
EYEDOT at it's option, may charge a late payment
fee of 1.5% per month for any payments which are
15 days past due from the payment(s) due date. APR 18%
Prices are exclusive of all sales, use and other states, local,
or federal taxes. The BUYER is responsible for payment
of such taxes on any order placed.
Delivery is F.O.B. Neptune, NJ or Gaithersburg, MD at EYEDOT's
option. Risk of loss and damage, shall pass to the BUYER
upon delivery of goods to the BUYER, or
to a common carrier at the F.O.B. point. Shipment shall
be prepaid to any point in the continental United States, Alaska,
and Hawaii, with the carrier selected by EYEDOT
in the absence of instructions from the BUYER. EYEDOT
shall charge BUYER for all transportation and related
charges, which EYEDOT reserves the right to estimate.
In no event shall EYEDOT assume any liability in
connection with shipment, nor shall the carrier be deemed an agent
of EYEDOT. EYEDOT shall not be in default by reason
of any failure to deliver EYEDOT Products under
any order if such failure results directly or indirectly, from
causes beyond the control of EYEDOT such as fire,
explosion, strike, foreign embargo, Act of God, or of the public
enemy, civil war disturbance, act of any government, de
jure or de facto, or agency of an official
thereof, material or labor shortage, transportation contingencies,
unusually severe weather conditions, default of any other manufacturer
or a supplier or subcontractor, quarantine, restriction, epidemic,
or catastrophe, or lack of timely instructions or information
The successful completion of EYEDOT's test procedures
and diagnostic test programs performed at EYEDOT's
facility shall constitute BUYER acceptance of the
Product. BUYER may witness acceptance testing on
a non-interference basis upon advance written request of EYEDOT.
CHANGES / CANCELLATIONS
Orders may be changed or canceled without penalty provided EYEDOT
is properly notified 5 days in advance of order shipment. In cases
where proper notice is not given or the order exceeds $2,500.00,
EYEDOT at it's option, may charge the BUYER
a restocking fee of 10 per cent of the total order or 10 per cent
of the cost of the individual items in question.
Unless otherwise specified, all electronics assembly's are warranted for a period of 90 days from date of shipment to be free from defects in materials and workmanship. All stand alone peripheral assembly's are warranted for a period of 30 days from date of shipment to be free from defects in materials and workmanship. EYEDOT's sole responsibility and BUYER's sole and exclusive remedy under this warranty is limited to EYEDOT's replacement or repair of items which are returned at the BUYER's prepaid expense to EYEDOT's designated repair facility. BUYER must notify EYEDOT of the possible defect and obtain a Return Material Authorization number prior to shipment of the item. Items repaired or replaced by EYEDOT will be shipped back to the BUYER, with freight charges paid by EYEDOT. In the event that EYEDOT cannot confirm the defect, the item will be shipped back to the BUYER at the BUYER's expense.
The forgoing warranties and remedies are exclusive and expressly
in lieu of all other warranties expressed or implied either in
fact or by operation of Law, statutory or otherwise, including
warranties of merchantability and fitness for a particular purpose.
EYEDOT neither assumes nor authorizes any other
person to assume for it any other liability in connection with
the sale, installation or use of its products supplied by it hereunder.
EYEDOT shall have no liability for special, incidental,
or consequential damages of any kind from any cause arising out
of the sale, use, or maintenance of its products.
The validity, construction, and performance of these terms and
conditions shall be governed by the laws of the State of New Jersey.