GOWANDA TERMS & CONDITIONS
The Terms & Conditions contained herein constitute the agreement between the buyer and Gowanda Electronics Sales Office. The agreement is limited to the Terms & Conditions and any different or additional terms proposed by the buyer are expressly rejected unless assented to in writing.
- Minimum Order
All orders placed with Gowanda Electronics have a $500 minimum order requirement, this applies to both Standard Catalog Products as well as Custom Products.
Price quotes are firm for a period of thirty (30) days following the date of the quotation. Prices in effect at the time of ordering will be used unless otherwise agreed to in advance in writing by Gowanda. The prices do not include any applicable governmental taxes or other charges. Customer shall pay any of these taxes or other charges, together with penalties and expenses, if any, upon receipt of an invoice from Gowanda Electronics. Prices and availability of merchandise are subject to change without notice.
3. Terms of Payment
Purchased orders are accepted upon credit approval. Gowanda standard terms are net thirty (30) days subject to credit approval. Items ordered and placed on hold will not be scheduled to production and will be subject to prevailing lead time when released. Such items are subject to price review after 120 days.
4. Experimental Sales
In the event the items or any portion thereof furnished pursuant to Buyer’s order are identified on the acknowledgement as “prototypes”, “samples”, “for engineering approval”, “on consignment”, “for evaluation”, or terms of similar import, the Buyer agrees that such material is confidential and experimental in changes will be made in the construction of such items, based on such tests and therefore Buyer agrees to communicate to Seller test and evaluation data accumulated during its testing of such material necessary to effect such damages.
All tooling or other equipment furnished by Seller as necessary to fulfill this order shall be the property of Seller.
5. Product Substitutions
Gowanda Electronics reserves the right to substitute product with an improved temperature characteristic, tighter tolerance, or higher voltage/wattage capability within the same form factor (configuration and dimensions).
6. Order Changes & Cancellations
If the buyer changes the purchase order, any specifications or drawings, then such changes may be subject to an equitable adjustment in the performance schedule or the purchase price. All order changes and cancellation requests must be submitted in writing to Gowanda’s Customer Service Department. In the event of cancellation, the customer will be responsible for all new raw material purchased for the subject item, plus a 25% handling charge, and any labor applied to the product. Quantity reduction will subject prior sales to bill back at the lower quantity price. Customer shall at all times cooperate with Gowanda and furnish any information requested by Gowanda within a reasonable time after any request. Application-Specific or Custom Parts are considered NC/NR (Non-Cancellable/Non-Returnable). Purchase orders that are within 30 days of production cannot be rescheduled or cancelled.
Stenographic and clerical errors are subject to corrections.
Gowanda will exercise every effort to meet the purchaser’s request delivery schedules and/or promised delivery schedule. Gowanda reserves the right to ship within +/- 5% of the quantity ordered and to consider the item shipped complete. All shipments are based on F.O.B. ship point.
Gowanda Electronics products are shipped and prices quoted on the basis of an acceptable quality level (AQL). No products shall be returned to Gowanda Electronics without prior written consent from the Customer Service Department and a corresponding Return Material Authorization (RMA) is completed. Products which are defective in workmanship or materials and which are not within the AQL specified, and which are not more than 30 days old from the date of delivery to buyer, will be repaired and/or replaced at no charge to the buyer, F.O.B. destination. Gowanda Electronics obligation hereunder shall be limited solely to repair and replacement of goods that fall within the foregoing limitations after receipt of material. If upon inspection, any returned products are found to be within AQL and not defective, they will be returned to the buyer subject to payment by the buyer of a minimum handling charge of 15% or $25.00, whichever is greater. Custom made parts are Non-cancelable and Non-returnable (NC/NR).
9. Limited Liability
Gowanda is not liable for any incidental, special or consequential damages arising from the issuance of purchase orders, nor from the non-delivery or late delivery of goods ordered, nor from damages or loss arising from the supply of, or the buyer’s use of our products, or any services performed by Gowanda. Gowanda’s liability is expressly limited to, and in no event shall exceed the value of the goods ordered, or the services performed. Buyer shall indemnify Gowanda Electronics against any loss by cancellation or changes in quantity, specifications, or time of performance.
10. Force Majeure
Gowanda Electronics shall not be liable for any loss, damage or delays in delivery resulting from non-fulfillment of orders owing to acts of God, acts from any Government authorities, priorities, strikes, fires, floods, epidemics, quarantine restrictions, war, accidents, delays, shortages, retooling or instability due to causes beyond its control to obtain necessary labor, materials, or manufacturing facilities. In the event of any such delay, the date of delivery shall be deferred for a period equal o the time lost by reason of the delay.
11. Applicable Law
These Terms and Conditions of sale shall be construed in accordance with the law of the State of New York.
12. High Risk Applications
Gowanda goods are not recommended for use in medical or other high-risk applications where a failure or malfunction of the component may directly cause injury or loss of life. The user of Gowanda goods in any such applications assumes all risk and liability of such use and agrees to hold Gowanda harmless against all damages unless such application is authorized in writing by Gowanda. Please contact Gowanda prior to any intended use of Gowanda’s goods in an application that requires extremely high reliability. Gowanda Electronics makes no warranty as to the fitness of its products for specific applications nor as to period of service.