Our terms of payment and delivery

as of August 2018

CHECKOUT SERVICE

Testing by qualified BENDER factory certified technician, including inspection of the isolated power equipment mentioned in this quotation as per Z32 guidelines. The field equipment is not included here.

Checkout service includes written records, certification and meeting with hospital medical and maintenance staff to explain operation of equipment and how to meet Z32 requirement(s) for periodic testing and logging test results.

NOTE:

Checkout must be ordered from Bender Canada, otherwise the Certificate of Acceptance on the installation and the five (5) year Warranty on the Isolated Power Equipment will not be issued.

Minimum of 30 days is required to notify Checkout Technician. If notification is less than 30 days, there may be additional charges.

TERMS OF SALE

Prices are EXW Mississauga, ON and are valid for 60 days. Quotation is based on BENDER CANADA Standard Terms and Conditions of Sale.

Estimated Lead Time:

Business days required to have the item(s) ready for shipment at the factory located in Exton, Pennsylvania. The lead time is calculated after receipt of both the purchase order and approved submittal drawings.

The customer is responsible for all expedited shipments.

CONDITIONS OF SALE

1. This quotation is subject to change or correction upon written notice at any time prior to shipment and becomes null and void unless accepted by Purchaser in writing within thirty (30) days of the date hereof.

2. Unless otherwise specified, prices quoted are exclusive of all taxes, Federal, State or Local. Also see clause 10.

3. Terms are net thirty (30) days from the date of shipment unless stated otherwise. A service charge of one and one half percent (1-1/2%) per month will be assessed on all accounts more than thirty (30) days past due. Purchaser agrees to pay all collection charges including, but not limited to, reasonable attorney fees. Sale is not subject to retention unless specifically allowed on quotation. If shipment is delayed by Purchaser beyond Purchaser’s scheduled delivery date, billing and payment becomes due upon completion of equipment in BENDER shop. If storage is required due to delay in shipping, consult with BENDER.

4. No engineering submittal or shop work can commence on any order until the quotation, subject to thirty (30) days acceptance, has been signed and accepted by Purchaser or a purchase order is received.

5. Delivery promises are based upon conditions at the time of quotation, subject to thirty (30) day acceptance. Delivery commitments are subject to change by acts of government, through prior system, strike, fire, riots, or other causes beyond our control.

6. BENDER expressly reserves the right to require full or partial payment in advance of shipment or require C.O.D. shipment, where financial condition or credit worthiness of Purchaser so justifies.

7. Quotation does not include job supervision, checkout, or startup, unless specifically provided for in writing in the quotation. System checkouts must be scheduled at least thirty (30) days in advance through BENDER. Purchase Orders for checkouts must be issued prior to scheduling any checkouts. Certification and checkout results will not be forwarded until payment has been received by BENDER.

8. Prior to shipment, all equipment is given a complete functional and power test.

9. All items of BENDER manufacture are warranted against material defects and poor workmanship for a period of five (5) years from date of shipment. In the event of a defect, notify us immediately and we will either arrange to inspect the product on-site or require you to return the product to the factory, freight collect. If found defective we will at our option either repair or replace the product and return the product to you freight pre-paid. BENDER, however, will not be held responsible for damage to equipment from improper handling, installation, internal or external modifications, or attempts to operate the product beyond its capability or in any manner beyond its design capacity. Replacement parts and/or field service, under these conditions, are available on a time and material basis upon receipt of a purchase order covering same. Under no circumstances shall we be responsible or liable for loss of profits or any consequential damages. No material may be returned without first obtaining written permission from seller’s Mississauga, Ontario office. Authorized cancellations, and/or delivery deferrals will be subject to written agreement of buyer to promptly pay seller the cancellation and/or delivery deferral charges established therefore by seller. Such charges will be based upon items such as, but without limitation to, the contract price for all completed material and with respect to work in process, all costs and losses of seller in connection therewith, including, but without limitation, raw material, engineering, handling and overhead. The minimum cancellation charge is twenty-five percent (25%) of the purchase order or quotation acceptance.

10. Open and inspect the merchandise immediately upon receipt. Report any external damage, concealed damage or a partial loss to the carrier. A perfect appearance on the outside of the container is no guarantee of undamaged contents. Severe shock or sustained vibration may damage sensitive electronic equipment. Note any damaged items on the bill of lading before signing off on the freight shipment; do not discard the packing material and request an immediate inspection by the carrier’s agent. A written report, signed by the carrier’s agent, is required in support of a claim for damage. Where factory repair is required, the carrier may advise an immediate return. Do not return freight COD or billed to BENDER as it will be refused. Do not pay shipping charges to return damaged merchandise before receiving confirmation from the carrier that the merchandise will not be returned at no charge. A repair invoice will be supplied from the factory when your merchandise is repaired and returned. This is provided to complete the claim and for making a payment to BENDER. Claim forms are available from the carrier.

11. Upon receipt, verify quantity received against shipping documents. If pallet and carton counts do not match bill of lading, note such shortages on the bill of lading before signing for freight. Factory must be notified immediately. Do not discard packing materials, carton or case until you are certain all merchandise has been received. If shortages are noticed, contact the carrier immediately to file your claim for the lost items. Contact factory for replacement costs. Your claim to the carrier should also include cost of freight for the replacement items. Replacement items will be sent only after a receipt of a change order to the original purchase order. The carrier will reimburse the consignee for lost material upon receipt of the proper documents.