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Terms and Conditions
Limited Warranty Policies
Leeds Precision Instruments, Inc.
17300 Medina Road, Suite 600
Minneapolis, MN 55447
Phone: 763-546-8575
Toll Free: 800-444-5333
Leeds Instruments, Inc.
533 Arcadia Drive,
Keller, TX 76248
Phone: 972-444-8333
Toll Free: 800-395-5998
LEEDS PRECISION INSTRUMENTS, INC. (State of Minnesota) and LEEDS INSTRUMENTS, INC. (State of Texas) (Leeds)
TERMS and CONDITIONS
ORDER TERMS AND ACCEPTANCE: All customer orders for products and/or services are submitted under and will remain subject to these Terms and Conditions, or any replacement Terms and Conditions Leeds may adopt in the future. Any inconsistent or conflicting terms on any purchase order or other customer communications cannot and will not supersede or modify these Terms and Conditions, and are expressly rejected. All orders are subject to acceptance by Leeds, and no provision of goods or services by Leeds will be deemed to be an acceptance of conflicting or inconsistent terms, or a waiver of these Terms and Conditions.
SHIPPING: Leeds will attempt to honor special shipping requests, but reserves the right to select the carrier and manner of shipment. All shipping and delivery dates provided are estimates only, and customer will pay all applicable shipping and handling charges. All products are sold and shipped F.O.B. Minneapolis, Minnesota, with title and risk of loss passing to customer upon tender to carrier.
PRICING AND PAYMENT: Prices and applicable discount terms are subject to change without notice, and orders will be filled and shipped at prices confirmed on acceptance. Except as otherwise quoted by Leeds, pricing is exclusive of all applicable sales, use or similar taxes, which will be the sole liability of customer. Unless customer has been granted credit terms, all customer purchases are payable prior to shipment, or on delivery for COD orders.
If credit is extended, customer agrees that Leeds will be entitled to collect interest on any late payments from date of delivery at the rate of 8% per annum, or the highest applicable interest rate allowed by law in the State of Minnesota or the State of Texas, whichever is lower, together with reasonable attorney's fees or other costs of collection. Leeds also reserves the right to amend or revoke customer credit terms at any time.
PRODUCT ACCEPTANCE: In case of any shortage or product damage, customers must notify delivering carrier and Leeds immediately, and must file a carrier claim within 10 days of receipt. Leeds will provide necessary supporting claim information and documentation on request. Leeds will use best efforts to expedite reorders for missing or damaged products, which will also remain subject to Leeds' Terms and Conditions.
RETURNS: Unused and undamaged non-custom products are the only type of products that may be returned, provided that the customer has obtained a written return authorization code from Leeds. All such returns must be requested within 30 days of product receipt. Credit for authorized returns will be issued at current price paid, less freight costs both ways and a 20% restocking fee, unless a different restocking fee is noted in the Leeds quotation or purchase order confirmation.
CANCELLATIONS:Cancellation of orders prior to delivery are subject to the following: i) If items ordered are Leeds’ stock items, the order cancellation will be accepted with no recourse, ii) If items ordered are special order items by Leeds and Leeds has placed a purchase order with the manufacturer, a 20% cancellation charge will be invoked on the special order items, iii) If the items ordered include Leeds' customization of products, a cancellation charge representing the higher of 20% of the custom order or the costs incurred to date by Leeds on the product customization will be invoked. Any other cancellation arrangements must be fully stated in the Leeds' quotation or purchase order confirmation.
GENERAL: These Terms and Conditions are a full, final and complete expression of the sales and purchase agreements of Leeds and its customers, which cannot be waived, modified or amended without Leeds’ written agreement to do so.
These Terms and Conditions, and any transactions with Leeds for products or services will be governed by the laws of the State of Minnesota or the State of Texas applicable to contracts and accepted and to be performed in Minnesota or Texas, without regard to applicable conflicts of law principles. Any proceeding relating to any Leeds transactions, or these Terms and Conditions will be brought in the applicable federal or state courts located in Hennepin County, Minnesota or Dallas County, Texas. By placing orders with Leeds, each customer irrevocably submits to the jurisdiction and venue of such courts.
LEEDS PRECISION INSTRUMENTS, INC. (State of Minnesota) and LEEDS INSTRUMENTS, INC. (State of Texas) (Leeds)
LIMITED WARRANTY POLICIES
LEEDS WARRANTS ONLY THAT IT HAS LEGAL TITLE TO AND THE RIGHT TO RESELL ALL PRODUCTS ORDERED BY CUSTOMER HEREUNDER, AND THAT IT WILL TRANSFER ANY TRANSFERABLE MANUFACTURERS’ WARRANTIES TO CUSTOMERS AT PURCHASE.
All Leeds services are provided on an "AS IS" basis without warranty of any kind, and customer acknowledges and agrees that such services would not be made available, or would be made available at significantly higher rates without customer’s acceptance of these warranty exclusions, as well as customer’s agreement that Leeds will not be liable for any breach of warranty involving services, or for any direct, indirect, consequential, special or other damages or claims relating to Leeds services, or for any product resold by Leeds.
However, in the event a court of competent jurisdiction, in the State of Minnesota or the State of Texas, adjudges Leeds liable for any service work, customer agrees to accept the lesser of the amount adjudged or $2,000 in full resolution of such damages or claims.
NO OTHER WARRANTIES OF ANY KIND APPLY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LEEDS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION, AND SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSIONS MAY NOT APPLY TO YOU.
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