General Terms and Conditions of Sale for Products
Introduction
These General Terms and Conditions of Sale for Products ("Sales Terms") govern the sale of NOLLEK AEROTECH LLC products ("Products") to customers ("Customer"). NOLLEK AEROTECH LLC's offer to sell Products and the acknowledgment of any purchase order or other Customer document ("Order") is expressly conditioned on the Customer's acceptance of these Sales Terms. The applicability of terms contained in the Customer’s Order is limited to the identification and quantity of Products ordered. All other Customer terms that differ from or add to these Sales Terms are rejected.
Changes, Pricing, Freight, Payment, Shipping, and Returns
Product prices are as listed in the applicable NOLLEK AEROTECH LLC price pages or electronic order systems at the time the Order is processed. For Orders specifying future-dated shipments, the price in effect on the shipment date will be charged. Standard payment terms are net 30 days from the invoice date unless otherwise stated. Customer cannot make any deductions, set-offs, or adjustments without prior written approval. Order quantities must meet stated minimums. Products are shipped according to the Incoterms statement on the order acknowledgment or invoice, or, if absent, F.O.B. point of shipment. Title and risk of loss transfer to the Customer upon delivery to the carrier. If freight is paid by NOLLEK AEROTECH LLC, the transportation means and routing are designated by NOLLEK AEROTECH LLC. Alternative shipment methods required by the Customer will incur additional costs payable by the Customer. Lead times are as stated, and Products may be placed on backorder at NOLLEK AEROTECH LLC's discretion. Product availability may be limited, and allocation will be at NOLLEK AEROTECH LLC's discretion. NOLLEK AEROTECH LLC is not liable for failure to ship or for Customer’s failure to receive Products by a certain date. Prepayment may be required. Any credit extended is at NOLLEK AEROTECH LLC's discretion and subject to credit requirements. Accounts must remain current; otherwise, shipments and other benefits may be withheld, and late fees and interest on past due amounts assessed. Returns require advance authorization and are subject to the return goods policy.
Compliance
NOLLEK AEROTECH LLC will manufacture and sell Products in compliance with applicable federal, state, and local laws. Customers must comply with applicable laws related to handling, transportation, storage, use, processing, disposal, distribution, sale, and resale of Products, as well as any Customer products that contain or are made using Products. Neither party will make payments or offer anything of value in violation of applicable anti-bribery, anti-corruption, or anti-kickback laws.
Product Information, Selection, and Use
NOLLEK AEROTECH LLC may provide Product information, including technical details, specifications, and recommendations ("Product Information") to assist in the selection of Products. The accuracy or completeness of Product Information is not guaranteed and is subject to change without notice. No license under NOLLEK AEROTECH LLC or third-party intellectual property rights is granted or implied. Customers are responsible for evaluating and selecting Products, ensuring their suitability for intended purposes. Products are not manufactured to Customer specifications unless expressly agreed in writing. Products sold for Customer use may not be repackaged, resold, or redistributed without prior written consent.
Industrial/Occupational Products
Industrial and occupational products are intended for trained customers for workplace use. Unless specified otherwise, these products are not for consumer use and must comply with applicable health and safety regulations. Customers promoting or selling products outside industrial channels or to consumers must meet all requirements and assume responsibility for any claims or damages.
Warranty, Disclaimer, Limited Remedy
Unless otherwise specified, NOLLEK AEROTECH LLC warrants that each Product meets applicable specifications at shipment. NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE PROVIDED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. If a Product is non-conforming, NOLLEK AEROTECH LLC will repair or replace it or refund the purchase price. Claims must be made within 30 days of receipt. This warranty does not apply to modified or damaged Products.
Limitation of Liability
NOLLEK AEROTECH LLC is not liable for any indirect, incidental, special, punitive, or consequential damages, including lost profits or revenue, arising from Products, regardless of the legal theory.
Export Control
Products are intended for use within the United States. If authorized to export, Customers must comply with all relevant laws and NOLLEK AEROTECH LLC policies.
Order Cancellation
Order cancellations require written consent from NOLLEK AEROTECH LLC. Costs incurred by NOLLEK AEROTECH LLC due to cancellations must be paid by the Customer.
Taxes
Product prices do not include taxes, tariffs, or duties, which will be itemized on the invoice. Customers must provide a valid tax exemption certificate where applicable.
Effect of Other Agreements, Terms
If specific terms are established in agreements between NOLLEK AEROTECH LLC and the Customer, those terms will prevail in case of conflict with these Sales Terms.
Governing Law, Dispute Resolution
Washington State law governs these Sales Terms, excluding conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Disputes must be resolved through negotiations, mediation, or litigation in Snohomish County, Washington.
US Government Agency Contracts
For Orders related to U.S. Government contracts, relevant clauses are incorporated by reference as required. Other government contract provisions are rejected unless explicitly agreed upon.
Changes
NOLLEK AEROTECH LLC reserves the right to change these Sales Terms at any time without notice.
Last Revised: June 21, 2024