General Terms and Conditions of Sale:Valutek offers the items described in this Catalog for sale at the prices set forth herein (subject to revision of such prices by Valutek from time to time). Valutek offers to sell the Products, and all acceptances of such offers from time to time by the buyer shall be governed by these Terms and Conditions of Sale as described below.
Acceptance of delivery of products or services shall be deemed as an agreement to these terms and conditions. No document issued by you attempting to negate or otherwise modify the terms hereof, including any purchase order or request for proposal, shall be binding upon Valutek and instead the foregoing terms and conditions, including any special terms and conditions set forth separately by written agreement shall exclusively govern the sale of products and provision of services to you by Valutek.
Valutek ships products and provides services in accordance with the specifics of your purchase order. If, after delivery and inspection, you determine that the products or services do not conform to your specifications and are, therefore, unacceptable, please notify us immediately. Valutek will either replace the rejected products or materials, or issue a credit therefore, at our option, as the exclusive remedy.
THIS SHALL BE THE EXCLUSIVE WARRANTY OF VALUTEK. VALUTEK DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO PRODUCTS OR SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF A PATENT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT.
Except as aforementioned, Valutek will not be liable for any causes of action or damages, including any special, indirect or consequential damages, arising out of the performance of services or the provision of products, or for consequential economic damages, or consequential damages to property, including damage arising from acts or negligence on the part of Valutek, its agents or employees. In purchasing products or services from Valutek, you expressly release and discharge Valutek from all such causes of action or damages.
NOTWITHSTANDING ANY ORAL OR WRITTEN INFORMATION, OPINIONS, EVALUATIONS, CATALOG DESCRIPTIONS OR CONSULTATIONS OF ANY KIND FURNISHED BY VALUTEK, BUYER SPECIFICALLY AGREES THAT IT IS BUYER'S SOLE RESPONSIBILITY TO SELECT AND EVALUATE THE CORRECT PRODUCTS FOR USE IN BUYER'S APPLICATIONS.
Buyer acknowledges that (a) exposure of Products to other materials, chemicals, sterilization or temperature extremes may cause changes in the materials from which the Products are manufactured and that such changes may make the Products unsuitable for use in Buyer's applications and (b) some Products contain latex, which may cause allergic reactions in some individuals.
Buyer assumes all liability and responsibility for the selection and use of the Products by Buyer and by any third party that purchases or receives the Products (or products incorporating the Products) from Buyer or its transferees, and that Value-Tek is not and shall not be liable or responsible in any way for any such selection or use.
This agreement and any sales thereunder shall be governed by the laws of the state of Arizona, without regard to the conflict of laws rules.
WARNING: Fitness of products for use must be determined by the customer. Exposure of these parts to other materials, chemicals, sterilization or temperature extremes may cause changes in material used which may make the parts unsuitable for use, for which Valutek disclaims any responsibility whatsoever.
The customer assumes all liability for the use of these products. Intended only for further manufacturing or assembly.
Return Goods Policy: 1. Returned merchandise requires prior written authorization and a Valutek RGA number. 2. Claims for shortage or damaged goods must be made within 10 days of receipt.
