Applied Tubing Terms & Conditions

PURCHASE TERMS AND LIMITING CONDITIONS. All orders are subject to the following terms and conditions. Applied Tubing, LLC is not responsible for the use of any of the information contained, or any product mentioned, in this document, and you must make your own determination of its suitability and completeness for your own use, and you should conduct your own testing. All expressed and implied warranties, including any implied warranty of merchantability and fitness for a particular purpose and warranty arising out of the parties' course of dealing are hereby disclaimed by Applied Tubing, LLC. The products are being sold "As Is" condition. It is the sole responsibility of the cusotmer to evaluate the material for end use. Applied Tubing, LLC shall not be liable for any incidental or consequential damages. Nothing herein shall be construed as a license or sublicense to operate under any Applied Tubing, LLC or third party owned patent or as a warranty against infringement of any patent. By placing an order for any of these products and/or by accepting their delivery, the purchaser agrees to the above waivers. TOOLING. Any and all tooling (including but not limited to molds) manufactured by Applied Tubing, LLC. from engineering charges paid by Purchaser is proprietary to Applied Tubing, LLC., as is the development, design and use of the same. Ownership interest in said tooling is retained by Applied Tubing, LLC. Molds paid for by Purchaser shall not be used in the manufacture of another Purchaser's product. ACCEPTANCE. The terms expressed herein shall be binding on Purchaser without addition or alteration. Applied Tubing, LLC rejects any additional or altered terms that may be proposed by Purchaser, and no modification shall be effected by Buyer's Purchase Order or other forms stipulating different conditions. The Purchaser shall be deemed to have accepted these terms and conditions (and objections to any terms and conditions shall be deemed waive) if Applied Tubing, LLC does not receive notification, in writing, within ten (10) days of receipt of this document. No modification of this Agreement shall be of any force or effect unless in writing and signed by both parties. RETURN OF PRODUCT. Purchaser shall have the right to inspect Product within 15 days of receipt thereof. Purchaser shall notify Applied Tubing, LLC in writing within 15 days if Product does not meet specification, and Purchaser shall return defective Product to Applied Tubing, LLC. If Applied Tubing, LLC is not notified within the allowed period of inspection set forth above, such Product shall be deemed to be accepted by Purchaser and Purchaser shall have no further recourse. Applied Tubing, LLC may agree to accept product back where Purchaser made a mistake and ordered the wrong part or the Purchaser ordered too much of the Product, provided that the order was received by the Purchaser not longer than Thirty (30) days from the date of the request to return product. Under no circumstances shall custom run orders be returnable. This includes standard shrink tubing that has been custom-made or cut to any length other than our standard 50" length. If approval has been granted to Purchaser to return the Product to Applied Tubing, LLC, the product must be returned: (1) In the case of shrink tubing or extrusions, the inner poly-sleeve cannot have been opened, and the original label must still be on the package. If the seal has been cut, Applied Tubing, LLC will not accept the return. If the product is returned, it must be packaged similar to the way it was packaged by Applied Tubing, LLC in order to protect the contents from being damaged. If, upon receipt at Applied Tubing, LLC the product is found to be damaged, then no credit or partial credit (as applicable) will be issued. The Purchaser shall be responsible for all costs associated with shipping to and from Applied Tubing, LLC. Large orders of stock or standard items may be returnable; however a minimum re-stocking charge of $150.00 will apply.

GOVERNING LAW. This Agreement, and its terms and conditions, shall be interpreted under and governed by the laws of the State of California without regard to California's conflict or choice of law rules. Purchaser agrees that any action at law, suit and equity or other judicial proceeding with respect thereto must be brought and maintained in the federal or state courts of record situated in the State of California.