EMI Gage Standard Terms and Conditions of Sale

Acceptance
Acceptance of orders by EMI GAGE is subject to credit approval and other terms that may be set by EMI GAGE. All approved transactions shall be governed by the laws of the State of Illinois and parties agree to resolve all issues in the State of Illinois. EMI GAGE’s terms and conditions shall prevail notwithstanding any variance with terms and conditions on any order submitted by purchaser. No other terms and conditions shall be binding upon EMI GAGE, unless specifically agreed upon in writing by an authorized official of EMI GAGE.

Warranty and Warranty Restrictions
EMI GAGE warrants its products to be free from defects of material and workmanship and will, without charge, replace or repair any equipment found defective upon inspection at its factory, provided the equipment has been returned, transportation prepaid, within 90 days from date of installation and not to exceed 120 days from date of factory shipment.

THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESSED OR IMPLIED BY OPERATION OF LAW OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No representation or warranty, express or implied, made by any sales representative, distributor, or other agent or representative of EMI GAGE, which is not specifically set forth herein shall be binding upon EMI GAGE. EMI GAGE shall not be liable for any incidental or consequential damages, losses or expenses directly or indirectly arising from the sale, handling, improper application or use of the goods or from any other cause relating thereto and EMI GAGE’s liability hereunder, in any case, is expressly limited to the repair or replacement (at EMI GAGE’s option) of goods.

Warranty is specifically at the factory (Lake Barrington, IL 60010). Any on site service will be provided at the sole expense of the Purchaser at standard field service rates.

All associated equipment must be protected by properly rated electronic/electrical protection devices. EMI GAGE shall not be liable for any damage due to improper engineering or installation by the purchaser or third parties. Proper installation, operation and maintenance of the product becomes the sole responsibility of the user upon receipt of the product.

Any returns and allowances must be authorized by EMI GAGE in advance. EMI GAGE will assign a Returned Goods Authorization (RGA) number which must appear on all related papers and the outside of the shipping carton. All returns are subject to the final review by EMI GAGE. Returns are subject to restocking charges as determined by EMI GAGE.

Force Majeure Clause
Fulfillment of any order is contingent upon the availability of materials. EMI GAGE shall not be liable for any delay in delivery or for non-delivery in whole or in part caused by the occurrence of any contingency beyond the control of either EMI GAGE or suppliers to EMI GAGE including, but not limited to war, sabotage, acts of civil disobedience, failure or delay in transportation, act of any government or agency or subdivision thereof, judicial action, labor dispute, fire, accident, explosion, epidemic, quarantine, restrictions, storm, flood, earthquake or acts of God, shortage of labor, fuel, raw material or machinery or technical failure where EMI GAGE exercised ordinary care in the prevention thereof. If any contingency occurs, EMI GAGE may allocate production and deliveries among EMI GAGE’s customers.

If EMI GAGE, in its sole discretion, determines that EMI GAGE’s performance hereunder would result in a loss to EMI GAGE on this sale, as computed under EMI GAGE’s normal accounting procedures, because of causes beyond EMI GAGE’s control, then EMI GAGE may terminate this agreement in whole or in part without liability for any delay in the delivery of or failure to deliver the goods sold hereunder.

Terms and Credits
Payment shall be made net 30 days after date of invoice, unless specifically agreed upon otherwise in writing by EMI GAGE.  All invoices paid after the date due may be assessed a late payment service charge of 18% per annum or the maximum allowed by applicable law, whichever is lower. Until invoice is paid in full purchaser hereby grants EMI GAGE a security interest in product sold hereunder in accordance with the Uniform Commercial Code.

If, in EMI GAGE’s judgment, the financial condition of the purchaser at the time merchandise is ready for shipment does not justify the terms specified, EMI GAGE reserves the right to change these terms or to require full or partial payment in advance. EMI GAGE may, at any time, suspend performance of any order or require payment in cash, security, or other adequate assurance satisfactory to EMI GAGE when, in EMI GAGE’s opinion, the financial condition of buyer or other grounds for insecurity warrant such action. All sales are subject to the approval of EMI GAGE’s credit department.

Prices
Prices are F.O.B. (EXW for foreign sales) Lake Barrington, IL 60010, USA (unless noted otherwise) and are exclusive of all taxes. All orders accepted under any exception price agreement(s) must be either: 1) dropped shipped directly to the end customer, or (2) distributor must place purchase order accompanied by end customer’s purchase order.

EMI Gage 28W144 Industrial Avenue, Suite 100. Lake Barrington, IL 60010

EMI Gage 117 S Cook Street #348,  Barrington, IL 60010-5939

Risk of Loss
Delivery shall occur and risk of loss shall pass to the buyer upon delivery of the material to the carrier at the point of shipment. Transportation shall be at buyer’s sole risk and expense, and any claim for loss or damage in transit shall be against the carrier only.

Delivery
The promised delivery date is the best estimate possible based upon current and anticipated manufacturing capabilities of when the product will be shipped. EMI GAGE assumes no liability for loss, damage or consequential damages due to delays.

General Provisions
Any cause of action arising from this agreement, or breach of it, must be commenced within one year after the cause of action occurs. EMI GAGE has the right to correct any stenographical or clerical errors in any of the writings issued by it. These terms and conditions of sale constitute a complete and exclusive statement of the terms and conditions of the sale of the goods by EMI GAGE to buyer. There are no other promises, conditions, understandings, representations or warranties. This agreement may be modified only in writing signed by an EMI GAGE official. No waiver of any right will be effective against EMI GAGE unless supported by consideration and expressly stated in the writing signed by an EMI GAGE official. The failure of EMI GAGE to enforce any right will not be construed as a waiver of EMI GAGE’s rights to performance in the future. Buyer may not assign any rights to, or delegate any performance owed under, the agreement without the written consent of EMI GAGE. EMI GAGE shall have the right to credit toward the payment of any moneys that may become due EMI GAGE hereunder and any sums that may now or hereafter be owed to buyer by EMI GAGE.

Miscellaneous

Disclaimer of Warranty for Use of the emigage.com Site

emigage.com provides this site and its contents on an "AS IS" basis. We make no warranty or representation as to this site, either express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability for Use of the emigage.com Site

EMI GAGE IS NOT RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EMI GAGE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED U.S. $1.00.

Governing Law

This site is operated from within the United States. We make no representation that content on this site is legal or appropriate for use from outside the United States. This agreement is governed by and construed in accordance with the laws of the State of Illinois, as it is applied to agreements entered into and performed therein. Any action brought to enforce this agreement or matters related to this site will be brought in either the state or federal courts of the State of Illinois; provided, however, that we have the right to institute judicial proceedings against anyone in any other jurisdiction to enforce our rights under this agreement through specific performance, injunction, reformation of contract or similar equitable relief. If any provision of this agreement is unenforceable for any reason, that provision will be severed from this agreement and the remaining provisions of this agreement will remain in full force and effect. This agreement constitutes the entire agreement between you and EMI Gage concerning your use of this site.

Trademarks

This site contains brands, company names and product names of third parties, and following are the requirements for identifying trademarks and registered trademarks of those third parties.  This list is not exhaustive and the site may contain brands, company names and product names of additional third parties.  All brands, company names and product names are trademarks or registered trademarks of their respective holder.