Richard J Kinch, Ph.D. (hereinafter, "RJK") conducts business as a sole proprietorship located in the State of Florida. Any offer to purchase products and any sale of products by RJK will be made on the terms and conditions that follow, and under the Florida Uniform Commercial Code (See: FS Title XXXIX). Buyer's offer will not be deemed accepted until RJK has issued a written or online acknowledgement.
PRICES AND ORDERS: Prices for RJK products or services, and associated software, options, and documentation, are FOB Lake Worth, Florida USA, unless otherwise specified in RJK's written quotation. Prices do not include taxes or duties. Delivery schedules shall be mutually agreed to by Buyer and RJK.
TERMS OF PAYMENT: Qualified customers with credit approval by RJK: Net 30 days from date of invoice. All others: prepaid via online payment, check (in US funds drawn on a US bank), ACH or international wire transfer.
TITLE AND DELIVERY: For shipments FOB Lake Worth, Florida USA, title and risk of loss pass to Buyer upon delivery to carrier. For shipments FOB Buyer's designated receiving point, title and risk of loss pass to Buyer upon delivery to Buyer at Buyer's designated receiving point.
EXPORT LICENSE: Buyer shall not export, directly or indirectly, any technical data acquired from nor any products using such data to any country for which the United States Government or any agency thereof may require an export license or other governmental approval without first acquiring that license or approval.
LIMITED WARRANTY: RJK products, except software, are warranted by RJK against defects in materials and workmanship for a period of 90 days from date of original shipment. RJK will act as authorized agent for warranty service for products of third party manufacture purchased through RJK. RJK will at its option, repair or replace hardware which proves to be defective during the warranty period. Copies of software files will be replaced as originally delivered if altered or erased by warranted failures; no other warranty for software is expressed or implied. If equipment fails during the warranty period, Buyer shall notify RJK and request authorization for returned material. Buyer shall provide access to system hardware and software for the purposes of on-site service and planned maintenance during the warranty period. Service contracts initiated after the warranty period are covered by separately negotiated terms and are not subject to the terms of this warranty.
RETURNS OF STOCK AND ON-APPROVAL ITEMS: Buyer may return unused items designated as "stock" or "on-approval" within 30 days of Buyer's receipt for full refund, less shipping costs.
ALL SALES OF SERVICE, SOFTWARE, OR CUSTOM PRODUCTS ARE FINAL: Buyer agrees that any sale of any service, any software, or any custom product, is final. Notwithstanding any cancellation provisions below, orders for such items may not be cancelled after RJK's acceptance, and such items may not be returned.
CANCELLATIONS AND RETURNS: Buyer agrees to pay a restocking fee, equal to 40 percent of the price of all cancelled items, for cancellation of all or part of Buyer's purchase order.
TRADEMARKS: RJK is the sole designer and manufacturer of its products which RJK describes as compatible with third-party products. RJK references trademarks which describe those third-party products, but RJK operates independently of the trademark owners. Trademarks of third parties are referenced solely to establish compatibility and suitability for your application, or for product comparison.
PATENT, COPYRIGHT, AND TRADEMARK INFRINGEMENT: Buyer understands and acknowledges that RJK holds licenses to some or all of the technology contained in its products and, as such, that RJK does not possess the proprietary rights to said technology nor any patent or copyright pertaining to the technology for those products. RJK hereby warrants that it has valid and existing rights to manufacture, distribute, market or otherwise commercially exploit its products on a domestic basis. Buyer agrees that products purchased are procured for Buyer's end use and that patents, copyrights, and trademarks associated with said products will not be infringed by any use or duplication of the technology therein. Buyer agrees to any additional terms of license for software manufactured by third-party software suppliers, when said suppliers require such license agreements for use of their products. THE FOREGOING STATES RJK'S ENTIRE LIABILITY WITH RESPECT TO ANY CLAIMS OF PATENTS, COPYRIGHT, OR TRADEMARK INFRINGEMENT.
WARRANTY EXCLUSIONS: Repairs necessitated by neglect or misuse of the equipment; adjustment, repair, or modifications by Buyer or anyone other than RJK's authorized personnel or with RJK's express consent; damage due to improper environment, excessive or inadequate heating or air conditioning, and electrical power failures, surges or other irregularities; hardware, software, or interfacing not provided by RJK; or due to other causes beyond the control of RJK, including but not limited to natural causes or disasters, war, insurrection, civil disturbances, labor disputes, requirements of domestic or foreign governments and shortage or allocation of materials, utilities or resources are not covered by this warranty.
RJK makes no warranty whatsoever concerning any software products, which are sold "as is" and "with all faults."
All statements, technical information and recommendations pertaining to the products in this document and in any manuals or related documents are believed to be reliable, but the accuracy or completeness thereof is not guaranteed.
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EXCEPT AS SET FORTH IN THIS WARRANTY SHALL NOT APPLY TO THE PRODUCTS DELIVERED. RJK NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITIES IN CONNECTION WITH THE SALE OR USE OF ANY OF ITS PRODUCTS.
LIMITATION OF LIABILITY FOR WARRANTY CLAIMS: RJK'S LIABILITY FOR WARRANTY CLAIMS, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR ANY OTHER THEORY, SHALL NOT EXCEED THE PRICE OF THE INDIVIDUAL UNIT WHOSE DEFECT OR DAMAGE IS THE BASIS OF THE CLAIM. IN NO EVENT SHALL RJK BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE OF FACILITIES OR EQUIPMENT, INCREASED EXPENSES OR COSTS, OR OTHER INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, WITHOUT REGARD TO WHETHER SUCH DAMAGES WERE FORESEEABLE OR FORESEEN OR ARE CLAIMED TO ARISE BY REASON OF BREACH OF CONTRACT, BREACH OF WARRANTY, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY. RJK DOES NOT WARRANT THAT ITS EQUIPMENT OR SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF ITS PRODUCTS OR SOFTWARE WILL BE ERROR-FREE OR CONTINUOUS OR THAT ALL DEFICIENCIES WILL BE CORRECTED. THE FOREGOING LIMITED WARRANTY IS THE EXCLUSIVE REMEDY PROVIDED TO BUYER.
COMPLETE AGREEMENT: This document, together with Buyer's purchase order, shall constitute the complete agreement of the parties. No other agreements, oral or otherwise, shall be deemed to exist or to bind any one of the parties hereto unless in writing signed by an authorized agent of RJK.