The following terms and conditions shall govern the sale of UNITEC Parts Company (UNITEC) to the customer named thereon (CUSTOMER). Please initial the line marked with an x and sign at the end before proceeding to the account creation form to ensure all terms and conditions were reviewed.
UNITEC is only permitted to sell parts within the United States, its territories, and Canada. We cannot supply parts if they are to be exported internationally. Under no circumstance should parts be shipped outside of these areas. All requests from or for outside these areas must be submitted through Sodica by email at [email protected] or by phone at (33) 01 46 88 96 16. If at any given time UNITEC is made aware of a part being exported from an active UNITEC account, we reserve the right to discontinue providing our services.
Warranties, Remedies and Limitations
a. Defective Goods
UNITEC warrants to customer at the time of delivery the goods will be free from defects in material and manufacture and will conform substantially to the specifications stipulated in UNITEC’s catalog. UNITEC’s liability and Customer’s remedy under this warranty are limited to the repair or replacement at UNITEC’s election, of Goods or parts thereof returned to UNITEC which are shown to UNITEC’s reasonable satisfaction to have been defective: provided that written notice of the defect shall have been given by Customer to UNITEC, within forty five (45) days after delivery of such goods to UNITEC and their reshipment to Customer and the risk of loss thereof will be borne by UNITEC only if returned in accordance with written shipping instructions from UNITEC.
UNITEC Warrants to Customer that it will convey good title to the goods sold hereunder. UNITEC’s liability and Customer’s remedy under this warranty are limited to the removal of any title defect or, at the election of UNITEC, to the replacement of the goods or parts thereof which are defective in title; provided, however, that the rights and remedies of the parties with respect to patent infringement shall be limited to the provisions of subparagraphs below.
c. Exclusive Warranties and Remedies
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF (i) ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (ii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN CONTRACT OR TORT, WHETHER OR NOT ARISING FROM UNITEC’S NEGLIGENCE, ACTUAL OR IMPUTED. The remedies of the Customer shall be limited to those provided herein to the exclusion of any and all other remedies including without limitation, incidental or consequential damages. No agreement varying or extending the foregoing warranties, remedies, or this limitation will be binding upon UNITEC unless in writing, signed by a duly authorized officer of UNITEC.
1. Excusable Delays
UNITEC shall not be charged with any liability for delay or non-delivery when due to delays of suppliers, acts of God or the public enemy, compliance in good faith with any applicable foreign or domestic governmental regulation or order whether or not it proves to be invalid, fires, riots, labor disputes, unusually severe weather, or any other cause beyond the reasonable control of UNITEC. To the part of UNITEC, the time for the performance shall be extended for as many days beyond the date thereof as is required to obtain removal of such causes. This provision shall not, however, relieve UNITEC from using its best efforts to avoid or remove such causes and continue performance with a reasonable dispatch whenever such causes are removed.
2. Liability Limitation
The price allocable in this order to any product or service alleged to be the cause of any loss or damage to the Customer shall be the ceiling limit on UNITEC’s liability, whether founded in contract or tort (including negligence), arising out of, or resulting from, (i) this order or the performance or breach thereof (ii) the design, manufacture, delivery, sale, repair, replacement, or (iii) the use of any such product or the furnishing of any such service. IN NO EVENT SHALL UNITEC HAVE ANY LIABILTY FOR ANY INCIDENTAL OR CONSEQUENTAL DAMAGES.