Quest Controls, Inc.
Standard Terms and Conditions
Effective February 26, 2020
- QUEST hardware, software, parts and services are sold only upon these Standard Terms and Conditions.
- All quotations, proposals, bids or similar communications from QUEST shall be considered "invitations to contract". All orders placed by customers shall be considered "offers" and must be in the form of a written purchase order. These Standard Terms and Conditions shall be part of every sales contract and all sales contracts are governed by the State of Florida.
- Terms of all sales are net 30 days following date of invoice for hardware, software, and parts, unless otherwise negotiated by QUEST. QUEST reserves the right to assess a monthly service charge of one and one-half percent (1.5%), or as permitted by law, of the amount of any past due invoice after first notifying the customer that the account is delinquent.
- Prices quoted are in U.S. dollars and remain in effect 60 days from date of quotation unless otherwise specified. All prices are exclusive of taxes required by law. The customer is responsible for all taxes.
- Shipping dates are subject to review at the time the customer's order is accepted and will be determined at that time on the basis of QUEST's then current shipping commitments.
- QUEST will not be liable for loss or damage due to delay or failure to make delivery when such a delay or failure is caused by fire, strikes, civil or military authority: war hostilities, governmental action, failure of suppliers to make delivery as scheduled, acts of God or other causes beyond the reasonable control of QUEST. QUEST will not be liable for delays in shipment caused by the customer's failure to supply, within a time specified by QUEST, any required information or items.
- Unless otherwise specified, all freight is FOB, Palmetto, FL.
- QUEST warrants hardware products of its manufacture to be free from defects in design, workmanship and material under normal and proper use and service for a period of 12 months starting upon shipment from the QUEST factory. Peripherals manufactured by QUEST will have a 12-month warranty, Products not manufactured by QUEST will have a 90-day warranty. QUEST agrees to repair or replace at the place of manufacture, without charge, all parts of said products that are returned to QUEST within the warranty period, provided the defects are as above specified and provided also that the equipment has not been altered or repaired other than with QUEST's authorization and by its approved procedures. A board may be deemed unrepairable if QUEST determines that board has been subjected to misuse, improper maintenance, negligence or accident, damaged or had its serial number or any part thereof altered, defaced or removed.
Software is warranted to conform to QUEST 's software Product Description applicable at the time of order. QUEST's sole obligation hereafter shall be to remedy any nonconformance of the software to the Software Product Description during the 90-day period following delivery. This warranty is in lieu of all other warranties expressed or implied, including those of merchantability or fitness for purpose. In no event shall QUEST be liable for consequential or special damages of any kind or nature. Repair or replacement of QUEST products does not extend to the original warranty.
- QUEST warrants that the title conveyed shall be clear, free and unencumbered.
- No equipment or parts may be returned for replacement, repair or credit without approval, bearing a return material authorization (RMA) number from QUEST. All returns for credit are subject to a restocking charge of 25 percent (25%). Contact your QUEST representative for return procedures.
- Equipment of parts authorized for return must be shipped prepaid by customer to QUEST's facility in Palmetto, FL.
CANCELLATION CHARGES PRIOR TO DELIVERY
- An order once placed with and accepted by QUEST can be cancelled only with QUEST's consent and upon terms that will indemnify QUEST against loss.
SOFTWARE PRODUCT LICENSE
- Licensed software, including any subsequent improvements or updates, is furnished to the customer under a separate license agreement.
USE OF TRADEMARK
- The acceptance by QUEST of an order from the customer for equipment bearing the registered trademark QUEST or TELSEC or OspreyFMS or other marks of QUEST, does not automatically grant to the customer the right to use such marks in advertising his products. A QUEST corporate officer must approve all advertising material incorporating such marks in any manner prior to its release to the public.
- QUEST may make suggestions for the customer's consideration relating to the customer's operation. Such suggestions will be based on QUEST's best understanding of the customer's operation, but any process modifications or adjustments based on such suggestions shall be made at the customer's sole risk and expense.
- QUEST reserves the right to modify or change the hardware or software in whole or in part at any time prior to delivery thereof, in order to include therein refinements deemed appropriate by QUEST but without incurring any liability to modify or change any product previously delivered, or to supply new products in accordance with earlier specifications.
CORRECTION OF ERRORS
- QUEST reserves the right to correct any errors and omissions in specifications or prices.
- Notices deliverable under this agreement shall be sent by registered mail to the parties at the address shown on the customer purchase order, and shall be deemed given when so mailed.
- The Terms and Conditions herein shall be construed according to the laws of the State of FL and are enforceable in Palmetto, FL.
- In the event any portion of this document is declared illegal or void, this agreement shall be construed as if those portions had not been included.
- Should it become necessary, the customer will be charged all costs and legal fees connected with the collection of past due balances, regardless if litigation is begun or not.
- Notwithstanding anything in this statement of Terms and Conditions, in no event shall QUEST be liable for any consequential, indirect or special damages arising out of this statement of Terms and Conditions, QUEST's liability shall be limited to the total consideration paid for the product or products responsible for the loss.
MINIMUM AND PRIORITY ORDERS
- All orders are subject to a $50.00 minimum charge, excluding shipping, handling and applicable taxes. All orders requiring delivery within 24 hours will be subject to an additional 10 percent (10%) handling charge.
- The pricing contained in these documents is confidential, privileged and only for the information of the intended recipient and may not be used, published or redistributed without the prior written consent of Quest Controls, Inc.