Business Policies - Terms and Conditions | Diagraph
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Terms and Conditions of Sale

  1. ACCEPTANCE - Any purchase order issued is considered Buyer’s acceptance of the terms & conditions contained herein. Diagraph hereby objects to any additional, different or conflicting terms or conditions set forth in Buyer's purchase order. No terms or conditions of Buyer’s purchase order shall be effective unless accepted by Diagraph in a signed document expressly stating an intent to accept such term or condition.

  2. ENTIRE AGREEMENT - The provisions herein set forth constitute the entire terms & conditions of sale between Diagraph and Buyer and supersede all prior Agreements, purchase orders, correspondence and other communication, whether written or oral, between Diagraph and the Buyer. No provision of these Terms and Conditions of Sale shall be subject to change except by the written authorization of a properly authorized representative of Diagraph.

  3. PRICES/PAYMENT - Unless otherwise provided in this Agreement, terms of payment are net thirty (30) days and prices are Ex-Works Diagraph’s factory exclusive of sales or use taxes. All payments shall be in the legal currency of the United States unless otherwise designated in the Agreement. All prices are subject to exception or change without notice. Pricing errors may be corrected at any time. Diagraph may, at any time and without obligation, suspend performance or require payment in cash, security, or require other adequate assurances satisfactory to Diagraph when, in the opinion of Diagraph in its sole discretion, the financial circumstances of Buyer warrant such action.

  4. TAXES AND DUTIES - The amount of all applicable taxes (federal, state or local) will be charged unless the purchase order clearly states that the equipment or goods are tax exempt and an exemption certificate is on file at Diagraph’s location. Any personal property taxes assessable on the equipment or goods required for delivery shall be borne by Buyer.

  5. DELIVERY - Deliveries shall be Ex-Works Factory unless otherwise stated in this Agreement. Shipping dates given by Diagraph are approximate and are based on prompt receipt of all necessary information regarding the order. Diagraph will use all reasonable efforts to meet the scheduled date shown on the face hereof, but does not guarantee to do so. Failure to make shipments as scheduled does not constitute a cause of cancellation and/or for damages of any character. In the event of any delay requested by Buyer or any delay caused by lack of shipping instructions, Diagraph will store all items ordered at Buyer’s expense and risk and will invoice Buyer for the full contract price of the equipment or goods on or after the date on which the same is ready for delivery.

  6. TITLE AND RISK OF LOSS - Risk of loss or damage to the equipment or goods shall pass to Buyer Ex-Works Diagraph's plant. Buyer will keep the equipment or goods insured to the full purchase price with Diagraph as the named loss payee and Diagraph retains a security interest in the equipment or goods until the purchase price is paid.

  7. ENGINEERING DATA - All Engineering data, design information, engineering and shop drawings used on the completion of this order are the property of Diagraph.

  8. PATENT INDEMNIFICATION - Diagraph agrees to indemnify Buyer from and against all claims based on allegations that the equipment or goods designed and manufactured by Diagraph constitutes an infringement of any patent, if Diagraph is notified promptly of the assertion of any such allegation, and if Diagraph is given authority to defend the claim and reasonable information and assistance for the defense of the claim. Upon notification of an infringement claim, Diagraph reserves the right to do any of the following, at no cost to Buyer: (a) Procure for Buyer the right to continue using the equipment; or (b) Replace the equipment with non-infringing equipment; or (c) Modify the equipment so that it becomes non-infringing. Diagraph does not assume liability for the infringement of any method and/or process patent or for infringement of any patent covering articles manufactured or produced in accordance with Buyer’s design.

  9. RETURNS - No goods requiring repair or alleged to be defective may be returned without authorization and a Return Materials Authorization (RMA) by Diagraph. Under no circumstances may products be returned without prior approval from Diagraph. Standard stock items must be in unused condition, as determined by Diagraph. Buyer’s request for return must be received no later than 60 days from the date of shipment from Diagraph’s factory. If Diagraph authorizes return, products must be received by Diagraph within 30 days of Buyer’s receipt of RGA. Returned products must be always shipped Buyer F.O.B. destination, freight prepaid and allowed, and properly packaged to protect against damage.

  10. WARRANTY AND LIMITATION OF LIABILITY -Diagraph's sole warranty is set forth under a separate attachment.

  11. HANDLING CHARGES - Orders less then $50.00 are subject to $25.00 handling charge.

  12. GOVERNING LAW - THIS AGREEMENT AND ALL SALES SHALL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS. Any legal action to enforce any right granted by this Agreement must be filed within one (1) year after delivery, or for warranty claims, within one (1) year of the expiration of the applicable warranty period.

  13. CREDIT POLICY - Credits expire one year after the date of issue and can only be applied to the purchase of products and services offered by the Diagraph Marking & Coding Group.

Diagraph Return Policy

Customers wanting to return items to Diagraph for credit after purchase may do so under the following conditions:

1. All returns require a Return Materials Authorization (RMA) number, which is good for 30 days from the date of issue. Contact the appropriate department for an RMA: Customers @ 1-800-526-2531 and Distributors @ 1-800-626-5245. Returned items must have the RMA# clearly visible on the outside of the package or they will not be accepted.

2. All returns for credit must be made within 30 days of invoicing and the credit will be issued only to the original purchaser.

3. A 20% restocking charge will apply to all returns.

4. All returned items must be returned in the original packaging. Returned items must be complete with all manuals, cables, documentation, etc.

5. Custom items may not be returned for credit.

6. Products must be shipped back to Diagraph freight prepaid. Diagraph will not be responsible for any freight charges, duties, fees or charges and no credit will be given for them.

7. Returns not meeting the above terms and conditions will be rejected and either returned to sender or disposed of at the sender’s written direction.

Warranty

Customers making a warranty claim on Diagraph products may do so under the following guidelines:

1. All returns require a Return Materials Authorization (RMA) number, which is good for 30 days from the date of issue. Contact the appropriate department for an RMA: Customers @ 1-800-526-2531 and Distributors @ 1-800-626-5245. Returned items must have the RMA# clearly visible on the outside of the package or they will not be accepted.

2. All items must be returned with an outer box and sufficient packaging to prevent damage, however the original packaging is preferred. Packaging materials may be purchased from Diagraph. Diagraph is not responsible for any items damaged in shipment.

3. Items returned under warranty and found to be problem free are subject to an evaluation fee. Warranty evaluation fees vary by product and more information is available upon request.

4. Diagraph will repair or replace non-working items under Warranty per Diagraph’s warranty policy. Please refer to Diagraph’s Limited Warranty Statement (Inside Diagraph / Business Policies / Download Warranty).

5. Diagraph will notify customers of any warranty rejection. Any rejected items will be returned, repaired or disposed of per the customer’s request.

6. Products must be shipped back to Diagraph freight prepaid. Diagraph will not be responsible for any freight charges, duties, fees or charges and no credit will be given for them. Items repaired or replaced under warranty will be returned freight pre-paid.

Out of Warranty (Repairs)

Customers wanting to return items to Diagraph for repairs may do so under the following guidelines:

1. All returns require a Return Materials Authorization (RMA) number, which is good for 30 days from the date of issue. Contact the appropriate department for an RMA: Service, Parts and Ink @ 1-800-526-2531 and Distributors @ 1-800-626-5245. Returned items must have the RMA# clearly visible on the outside of the package or they will not be accepted.

2. All items must be returned with an outer box and sufficient packaging to prevent damage, however the original packaging is preferred. Packaging materials may be purchased from Diagraph. Diagraph is not responsible for any items damaged in shipment.

3. A non-refundable evaluation fee is charged for all repairs. A quote will be provided for approval before any repairs are made. The evaluation fee will be applied to authorized repairs or the purchase of direct replacement items of equal or greater value. Repair evaluation fees vary by product and more information is available upon request.

4. Repairs or service programs require a valid purchase order or credit card.

5. Service Programs may have additional or different requirements than stated here. Additional information on these programs available upon request.

6. Products must be shipped back to Diagraph freight prepaid. Diagraph will not be responsible for any freight charges, duties, fees or charges and no credit will be given for them for both the inbound and outbound shipment.

Diagraph Credit Policy

Credits expire one year after the date of issue and can only be applied to the purchase of products and services offered by the Diagraph Marking & Coding Group. If you need more information please visit see the Returns tab.