The sale of all equipment described herein is conditioned upon the Terms and Conditions contained herein. Any additional or different terms that are proposed by Customer are hereby objected to and will not be binding upon Test Equipment Solutions Today (T.E.S.T.) unless specifically agreed to in writing by Test Equipment Solutions Today (T.E.S.T.). Any order for or any statement of intent to purchase hereunder or any direction to deliver equipment shall constitute Customer’s acceptance of all of Test Equipment Solutions Today’s Terms and Conditions that are stated herein.
F.O.B. point is Test Equipment Solutions Today (T.E.S.T.)'s Inventory Center from which the shipment is made. Shipment will be made by means specified by the Customer and at the Customer's expense in accordance with Test Equipment Solutions Today's standard shipping and handling charges. Test Equipment Solutions Today (T.E.S.T.) shall not be liable for any transportation delays.
Delivery dates are approximate. Test Equipment Solutions Today shall not be liable for delays in shipment due to causes beyond its reasonable control, including but not limited to acts of God, acts of the Customer, acts of civil or military authority, Governmental priorities, strikes, fires, floods, epidemics, war, riot, delays in transportation or car shortages, or inability because of any cause beyond the reasonable control of Test Equipment Solutions Today to obtain necessary materials, components, services or facilities. In the event of such delay, the date of the shipment shall be extended for a period equal to the time lost by reason of such delay.
Test Equipment Solutions Today (T.E.S.T.) shall provide the standard manufacturers' accessories where required for the proper operation of t he equipment.
In the event that any invoice remains unpaid for a period of thirty (30) days or more after becoming due, or Customer is otherwise in breach or default of any part of these Terms and Conditions, and fails to correct such breach or default within seven (7) days of notice thereof, Test Equipment Solutions Today (T.E.S.T.) may retake possession of the equipment with or without process of law and without demand or further notice.
Notwithstanding any requirements of notice of default provided above, in the event a petition for bankruptcy is filed under the federal bankruptcy laws by or against Customer, or Customer makes an assignment for the benefit of creditors, or a receiver is appointed or applied for, or Customer ceases to function as a going concern, then Test Equipment Solutions Today (T.E.S.T.) may take possession of the equipment and exercise any other remedies or rights that Test Equipment Solutions Today (T.E.S.T.) may have at law or equity.
During the warranty/rental period described in these Terms and Conditions, Customer shall not undertake any repair, alteration, modification, or disassembly of the equipment without the prior written consent of Test Equipment Solutions Today. Customer agrees to and shall be fully responsible for any loss of, or damage to, the equipment for any cause whatsoever. Customer shall pay all repair costs for any loss of, or damage to, the equipment.
Test Equipment Solutions Today (T.E.S.T.) warrants the equipment it sells to Customer for one hundred and twenty (120) days against any defective parts and for labor costs. Test Equipment Solutions Today also warrants that the equipment shall be shipped in good operating condition. However, if the shipped equipment is not in good working condition due to no fault of Customer, then Customer shall notify Test Equipment Solutions Today (T.E.S.T.) within three (3) days after receipt of the equipment. Test Equipment Solutions Today (T.E.S.T.) shall, at its option, either repair the equipment or supply replacement equipment subject to availability. Customer shall be responsible for shipping the equipment and paying the shipping costs back to Test Equipment Solutions Today, then Test Equipment Solutions Today (T.E.S.T.) shall then repair or replace the equipment, and pay shipping costs to provide Customer with repaired or replaced equipment. The foregoing warranty is in lieu and exclusive of all other warranties, whether express, implied or statutory, oral or written. Unless otherwise agreed in writing, Test Equipment Solutions Today does not warrant the merchantability of the components furnished or the equipment sold, or its fitness or suitability for any specific application or use. Test Equipment Solutions Today (T.E.S.T.) shall not be liable for any damage or losses regardless of reason or cause for its failure to discover, report, repair or modify latent defects or defects inherent in the design of the equipment.
The foregoing shall constitute the sole remedy of Customer and the sole liability of Test Equipment Solutions Today (T.E.S.T.).
Limitations of Liability
Regardless of the cause or reason, Test Equipment Solutions Today shall not be liable for any consequential, incidental, or exemplary damages including, but not limited to lost profits, lost revenues, loss of product use, loss of use of associated equipment, cost of replacement or substituted products, facilities, services or replacement power, downtime costs, lost data, or Customer claims for such damage, whether they result from any breach of contract or warranty, tort and negligence actions, or otherwise. The liability for claims made against Test Equipment Solutions Today (T.E.S.T.) is limited to and in no case shall exceed the contract price of the specific equipment giving rise to the claim, except for claims of personal injury or death.
The validity, performance, and all matters pertaining to interpretation and effect of these Terms and Conditions and any amendments or revisions made thereto shall be governed by the laws of the State of California.