Intertech Terms and Conditions of Sale
Offer and Acceptance
These terms and conditions (these "Terms") are deemed part of all quotations, acknowledgments, invoices, purchase orders and other documents, whether electronic or in writing, relating to the sale of goods or services (collectively, the "Goods") by Intertech, Inc. (“Seller”). Seller hereby objects to any terms or conditions proposed in Buyer’s purchase order or other documents that are inconsistent with, or in addition to, these terms.
Quotations
All quotations automatically expire unless accepted within thirty (30) days. Verbal quotations expire the same day they are made. All typographical errors are subject to correction.
Due to ongoing parts shortage issues impacting global production, the availability of some equipment may be limited and price could vary from our quoted price. Thank you for your patience as we work to navigate these limitations.
Prices
All prices stated are current, subject to change without notice by Seller. Buyer agrees to pay the price in effect at time of shipment. Intertech will invoice for 100% of course tuition upon receipt of purchase order. Intertech will invoice for 100% of equipment shipping, living and travel expenses upon completion of class, plus an 8% administrative fee.
Payment for education is due before the first day of class; overdue tuition will incur a 15% late fee. Payment for products and technical services are due Net 7 days from date of invoice. Prepaid technical service options are also available. Seller, at its option, may charge Buyer 1-1/2% interest per month or the maximum legal rate, whichever is less, on any balance not paid within the stated terms. Pricing is subject to change without notice.
Recording
No Audio and No Video Recording is Permitted.
Currencies
If the prices quoted herein are in a currency other than U.S. dollars, Buyer shall make remittance to Seller at the then current exchange rate most favorable to Seller and which is available on the due date; provided that if remittance is not made when due, Buyer will convert the amount to U.S. dollars at the then current exchange rate most favorable to Seller available during the period between the due date and the date remittance is actually made. All prices quoted are stated in U.S. dollars unless noted otherwise.
Interest
Seller, at its option, may charge Buyer 1-1/2% interest per month or the maximum legal rate, whichever is less, on any balance not paid within the stated terms (plus an 8% administrative fee).
Governmental Approvals
Buyer shall be responsible for, and shall bear all costs involved in, obtaining any government approvals required for the importation or sale of the Goods.
Taxes
All taxes, duties and other governmental charges (other than general real property and income taxes), including any interest or penalties thereon, imposed directly or indirectly on Seller or required to be collected directly or indirectly by Seller for the manufacture, production, sale, delivery, importation, consumption or use of the Goods sold hereunder (including customs duties and sales, excise, use, turnover and license taxes) shall be charged to and remitted by Buyer to Seller.
Financial
If the financial position of Buyer at any time becomes unsatisfactory to Seller, Seller reserves the right to stop shipments or require satisfactory security or payment in advance. If Buyer fails to make payment or otherwise comply with these Terms or any related agreement, Seller may (without liability and in addition to other remedies) cancel any unshipped portion of Goods sold hereunder and stop any Goods in transit until Buyer pays all amounts, including amounts payable hereunder, whether or not then due, which are owing to it by Buyer. Buyer shall in any event remain liable for all unpaid accounts.
Discounts
Cash discounts, if any, will apply only on the net amount of invoices sent to Buyer after deducting transportation charges, taxes and duties, and will be allowed only if (i) the invoice is paid according to Seller’s payment terms and (ii) Buyer has no past due amounts owing to Seller.
Change Orders
All modifications to original orders shall be documented indicating the change(s) specifically and exact monetary effect on the contract price.
Accepted Methods of Payment
Payable in U.S. Dollars. Automated Clearing House (ACH) {direct deposit}, check, VISA or MasterCard. Automated Clearing House with email is the preferred method of payment. Contact Intertech for information necessary for ACH transactions.
Assignment
Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Intertech, and any such assignment, without such consent, shall be void.
Shipment
Shipment will be FOB Intertech's Corvallis, Oregon office, panel shop, or other point of shipment by Intertech. Buyer is to pay all shipping and related expenses. Scheduled or stipulated shipping dates are approximate and based upon prompt receipt of all necessary information from Buyer. Intertech shall not be liable for any delay or failure in delivery resulting from causes beyond its control, including earthquakes, fires, floods, strikes or other labor disputes, shortage of labor or materials, accidents to machinery, acts of sabotage, riots, delay in or lack of transportation or the requirements of any government authority.
Unless otherwise expressly agreed in writing by Seller:
Title in equipment shall remain with Intertech until full payment. Risk of loss for equipment shall pass to Buyer upon shipment from F.O.B. point.
Damage Limits, Etc.
SELLER SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, OR PRODUCTION OR COMMERCIAL LOSS IN ANY WAY CONNECTED WITH THE GOODS, WHETHER SUCH CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, OR STRICT LIABILITY. Further, in no event shall liability of Seller exceed the individual price of the Good on which liability is asserted.
Claims
Any claim by Buyer against Seller for shortage or damage to the Goods occurring before delivery to the carrier must be presented in writing to Seller within 30 days of receipt of shipment and include the original transportation bill signed by the carrier noting that the carrier received the Goods from Seller in the condition claimed.
Third Party Software and Hardware Warranty
Intertech makes no warranty whatsoever regarding software and hardware procured from third parties. Intertech will assign to the purchaser or owner the manufacturer’s stated warranty, if any.
Third Party Software License
Third party software is software that Intertech has procured from a third party for use separately from, or in conjunction with, Intertech equipment or software developed by Intertech. The license for third party software is restricted to the provisions set forth by the original manufacturer or provider and will be passed on to the owner by Intertech.
Class Cancellation and Refund Policy
Cancellations received a month in advance will receive a 100% refund. Cancellations received two weeks prior to class will receive a 50% refund. Cancellations received less than two weeks prior to the start of class will not receive a refund. If a person fails to appear for a scheduled course, 100% of the tuition fee will be charged. You may substitute individuals up to the first day of class. No refunds will be made for individuals who leave a scheduled course prior to its conclusion. Orders are not subject to rescheduling or cancellation unless Buyer indemnifies Seller fully against all costs or expenses arising in connection therewith. If Seller reschedules course upon Buyer request, tuition refund options are no longer valid.
Returns
A Return Material Authorization (RMA) number must accompany any returned goods. Goods returned for reasons other than damage, defects, or incorrect shipments will be subject to a 25% restocking fee. RMA's can be obtained by contacting the Seller's customer service department:
Intertech Incorporated
720 NW Second Street, Suite 101
Corvallis, Oregon 97330-6221
(800) 248-0988 or (541) 752-8422
[email protected]
Buyer shall be responsible for, and shall bear all costs involved in obtaining all government permissions and authorizations necessary for the importation of the goods sold hereunder and for the prompt remittance of the purchase price to Seller.
Indemnities
Buyer shall indemnify and hold harmless Seller, its affiliates and its employees from and against all liabilities, losses, claims, costs and expenses (including attorney's fees and expenses) related to any claim, investigation, litigation, or proceeding (whether or not Seller is a party) which arises or is alleged to arise from Buyer's acts or omissions under these Terms or in any way with respect to the Goods. Without limiting the foregoing, Buyer (at its own expense) shall indemnify and hold harmless Seller and defend or settle any action brought against Seller to the extent that it is based on a claim that any Good made to Buyer specifications infringed intellectual property rights of another party.
Modification of Terms and Conditions
These terms and conditions supersede all other communications, negotiations and prior oral or written statements regarding the subject matter of these terms and conditions. No change, modification, recession, discharge, abandonment, or waiver of these terms and conditions shall be binding upon Intertech unless made in writing and signed on its behalf by a duly authorized representative of Intertech. No conditions, usage of trade, course of dealing or performance, understanding or agreement, purporting to modify, vary, explain, or supplement these terms and conditions shall be binding upon unless hereafter made in writing and signed by the party to be bound. Any proposed modifications or additional terms are specifically rejected and deemed a material alteration hereof. If this document shall be deemed an acceptance of a prior offer by Buyer, such acceptance is expressly conditional upon Buyer’s assent to any additional or different terms set forth herein.
Foreign Corrupt Practices Act
Buyer shall comply with applicable laws and regulations relating to anti-corruption, including, without limitation, (i) the United States Foreign Corrupt Practices Act (FCPA) (15 U.S.C. 78dd-1, et. Seq.) irrespective of the place or performance, and (ii) laws and regulations implementing the Organization for Economic Cooperation and Development’s Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the U.N. Convention Against Corruption, and Inter-American Convention Against Corruption in Buyer’s country or any country where performance of this agreement of delivery of goods will occur.
Property and Confidentiality
The intellectual property embodied in the Goods is the exclusive property of Seller and its affiliates and Buyer shall not attempt to duplicate it in any way without the written permission of Seller. Notwithstanding any charges to Buyer for engineering or tooling, all engineering and tooling shall remain the exclusive property of Seller. All information and materials supplied by Seller to Buyer relating to the Goods are confidential and proprietary, and Buyer shall limit distribution thereof to its trusted employees and strictly prevent disclosure to any third party.
Access
Access to Intertech's records or data by the Buyer must be approved by an officer of Intertech and shall exclude proprietary materials.
General Provisions
All typographical or clerical errors made by Intertech in any quotation, acknowledgment or publication are subject to correction. This agreement shall be governed by the laws of the State of Oregon applicable to contracts to be formed and fully performed within the State of Oregon, without giving effect to the choice or conflicts of law provisions thereof. All suits arising from or concerning this agreement shall be filed in the Circuit Court of Benton county Oregon, or the United States District Court for the Western District of Oregon, and no other place unless otherwise determined in Intertech’s sole discretion. Buyer hereby irrevocably consents to the jurisdiction of such court or courts and agrees to appear in any such action upon written notice thereof.
Exporting
Buyer acknowledges that this order and the performance thereof are subject to compliance with any and all applicable United States laws, regulations, or orders. Buyer agrees to comply with all such laws, regulations, and orders, including, if applicable, all requirements of the International Traffic Arms Regulations and/or the Export Administration Act, as may be amended. Buyer further agrees that if the export laws are applicable, it will not disclose or re-export any technical data received under this order to any countries for which the United States government requires an export license or other supporting documentation at the time of export or transfer, unless Buyer has obtained prior written authorization from the United States Office of Export Control or other authority responsible for such matters.
Miscellaneous
(a) Waiver No failure or delay by Seller in exercising any right and no course of dealing between Buyer and Seller shall operate as a waiver of rights by Seller.
(b) Assignment Buyer may not assign its rights hereunder without Seller's written consent.
(c) Law These Terms are governed by Oregon law (without regard to conflict of law principles). Federal and state courts in Oregon shall have exclusive jurisdiction for any dispute hereunder.
(d) Amendment These Terms constitute the entire agreement between Buyer and Seller relating to the Goods, and no provision may be changed or waived unless in writing signed by the parties.
(e) Severability If any provision hereof is rendered ineffective or invalid, such provision shall not invalidate any other provision.
(f) Setoff all claims hereunder by Seller are subject to set off by Seller for any counterclaim arising out of any transaction with Buyer.
(g) Definitions As used herein, “including” means “including without limitation”.
(h) COVID Public Health & Safety Masks must be worn in our facility if you are not vaccinated.
These terms and conditions (these "Terms") are deemed part of all quotations, acknowledgments, invoices, purchase orders and other documents, whether electronic or in writing, relating to the sale of goods or services (collectively, the "Goods") by Intertech, Inc. (“Seller”). Seller hereby objects to any terms or conditions proposed in Buyer’s purchase order or other documents that are inconsistent with, or in addition to, these terms.
Quotations
All quotations automatically expire unless accepted within thirty (30) days. Verbal quotations expire the same day they are made. All typographical errors are subject to correction.
Due to ongoing parts shortage issues impacting global production, the availability of some equipment may be limited and price could vary from our quoted price. Thank you for your patience as we work to navigate these limitations.
Prices
All prices stated are current, subject to change without notice by Seller. Buyer agrees to pay the price in effect at time of shipment. Intertech will invoice for 100% of course tuition upon receipt of purchase order. Intertech will invoice for 100% of equipment shipping, living and travel expenses upon completion of class, plus an 8% administrative fee.
- Food and living expenses: actual cost (plus an 8% administrative fee).
- Travel expenses: actual cost by commercial carrier or $1.50 per mile (plus an 8% administrative fee).
- Training equipment: shipping charges are customer expense (plus an 8% administrative fee).
- Replacement parts and materials: at current price list.
Payment for education is due before the first day of class; overdue tuition will incur a 15% late fee. Payment for products and technical services are due Net 7 days from date of invoice. Prepaid technical service options are also available. Seller, at its option, may charge Buyer 1-1/2% interest per month or the maximum legal rate, whichever is less, on any balance not paid within the stated terms. Pricing is subject to change without notice.
Recording
No Audio and No Video Recording is Permitted.
Currencies
If the prices quoted herein are in a currency other than U.S. dollars, Buyer shall make remittance to Seller at the then current exchange rate most favorable to Seller and which is available on the due date; provided that if remittance is not made when due, Buyer will convert the amount to U.S. dollars at the then current exchange rate most favorable to Seller available during the period between the due date and the date remittance is actually made. All prices quoted are stated in U.S. dollars unless noted otherwise.
Interest
Seller, at its option, may charge Buyer 1-1/2% interest per month or the maximum legal rate, whichever is less, on any balance not paid within the stated terms (plus an 8% administrative fee).
Governmental Approvals
Buyer shall be responsible for, and shall bear all costs involved in, obtaining any government approvals required for the importation or sale of the Goods.
Taxes
All taxes, duties and other governmental charges (other than general real property and income taxes), including any interest or penalties thereon, imposed directly or indirectly on Seller or required to be collected directly or indirectly by Seller for the manufacture, production, sale, delivery, importation, consumption or use of the Goods sold hereunder (including customs duties and sales, excise, use, turnover and license taxes) shall be charged to and remitted by Buyer to Seller.
Financial
If the financial position of Buyer at any time becomes unsatisfactory to Seller, Seller reserves the right to stop shipments or require satisfactory security or payment in advance. If Buyer fails to make payment or otherwise comply with these Terms or any related agreement, Seller may (without liability and in addition to other remedies) cancel any unshipped portion of Goods sold hereunder and stop any Goods in transit until Buyer pays all amounts, including amounts payable hereunder, whether or not then due, which are owing to it by Buyer. Buyer shall in any event remain liable for all unpaid accounts.
Discounts
Cash discounts, if any, will apply only on the net amount of invoices sent to Buyer after deducting transportation charges, taxes and duties, and will be allowed only if (i) the invoice is paid according to Seller’s payment terms and (ii) Buyer has no past due amounts owing to Seller.
Change Orders
All modifications to original orders shall be documented indicating the change(s) specifically and exact monetary effect on the contract price.
Accepted Methods of Payment
Payable in U.S. Dollars. Automated Clearing House (ACH) {direct deposit}, check, VISA or MasterCard. Automated Clearing House with email is the preferred method of payment. Contact Intertech for information necessary for ACH transactions.
Assignment
Buyer shall not assign its rights or delegate its duties hereunder or any interest herein without the prior written consent of Intertech, and any such assignment, without such consent, shall be void.
Shipment
Shipment will be FOB Intertech's Corvallis, Oregon office, panel shop, or other point of shipment by Intertech. Buyer is to pay all shipping and related expenses. Scheduled or stipulated shipping dates are approximate and based upon prompt receipt of all necessary information from Buyer. Intertech shall not be liable for any delay or failure in delivery resulting from causes beyond its control, including earthquakes, fires, floods, strikes or other labor disputes, shortage of labor or materials, accidents to machinery, acts of sabotage, riots, delay in or lack of transportation or the requirements of any government authority.
Unless otherwise expressly agreed in writing by Seller:
- Shipments shall be by a carrier selected by Seller;
- Such carrier shall act as the agent of Buyer and delivery to such carrier shall constitute delivery to Buyer;
- All sales and shipments of Goods shall be FOB shipping point (unless otherwise stated in writing by Seller), at which point title to and all risk of loss of the Goods shall pass from Seller to Buyer, provided that Seller shall retain a security interest in the Goods until the full purchase price is paid by Buyer;
- Seller may over or under ship by up to 3% of the scheduled quantity. Exact quantity orders will be accepted at a 5% unit price premium.
- Delivery and shipping dates are estimates only.
- Seller will package Goods as it deems proper for protection against normal handling and extra charges apply to special conditions.
Title in equipment shall remain with Intertech until full payment. Risk of loss for equipment shall pass to Buyer upon shipment from F.O.B. point.
Damage Limits, Etc.
SELLER SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, OR PRODUCTION OR COMMERCIAL LOSS IN ANY WAY CONNECTED WITH THE GOODS, WHETHER SUCH CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, OR STRICT LIABILITY. Further, in no event shall liability of Seller exceed the individual price of the Good on which liability is asserted.
Claims
Any claim by Buyer against Seller for shortage or damage to the Goods occurring before delivery to the carrier must be presented in writing to Seller within 30 days of receipt of shipment and include the original transportation bill signed by the carrier noting that the carrier received the Goods from Seller in the condition claimed.
Third Party Software and Hardware Warranty
Intertech makes no warranty whatsoever regarding software and hardware procured from third parties. Intertech will assign to the purchaser or owner the manufacturer’s stated warranty, if any.
Third Party Software License
Third party software is software that Intertech has procured from a third party for use separately from, or in conjunction with, Intertech equipment or software developed by Intertech. The license for third party software is restricted to the provisions set forth by the original manufacturer or provider and will be passed on to the owner by Intertech.
Class Cancellation and Refund Policy
Cancellations received a month in advance will receive a 100% refund. Cancellations received two weeks prior to class will receive a 50% refund. Cancellations received less than two weeks prior to the start of class will not receive a refund. If a person fails to appear for a scheduled course, 100% of the tuition fee will be charged. You may substitute individuals up to the first day of class. No refunds will be made for individuals who leave a scheduled course prior to its conclusion. Orders are not subject to rescheduling or cancellation unless Buyer indemnifies Seller fully against all costs or expenses arising in connection therewith. If Seller reschedules course upon Buyer request, tuition refund options are no longer valid.
Returns
A Return Material Authorization (RMA) number must accompany any returned goods. Goods returned for reasons other than damage, defects, or incorrect shipments will be subject to a 25% restocking fee. RMA's can be obtained by contacting the Seller's customer service department:
Intertech Incorporated
720 NW Second Street, Suite 101
Corvallis, Oregon 97330-6221
(800) 248-0988 or (541) 752-8422
[email protected]
Buyer shall be responsible for, and shall bear all costs involved in obtaining all government permissions and authorizations necessary for the importation of the goods sold hereunder and for the prompt remittance of the purchase price to Seller.
Indemnities
Buyer shall indemnify and hold harmless Seller, its affiliates and its employees from and against all liabilities, losses, claims, costs and expenses (including attorney's fees and expenses) related to any claim, investigation, litigation, or proceeding (whether or not Seller is a party) which arises or is alleged to arise from Buyer's acts or omissions under these Terms or in any way with respect to the Goods. Without limiting the foregoing, Buyer (at its own expense) shall indemnify and hold harmless Seller and defend or settle any action brought against Seller to the extent that it is based on a claim that any Good made to Buyer specifications infringed intellectual property rights of another party.
Modification of Terms and Conditions
These terms and conditions supersede all other communications, negotiations and prior oral or written statements regarding the subject matter of these terms and conditions. No change, modification, recession, discharge, abandonment, or waiver of these terms and conditions shall be binding upon Intertech unless made in writing and signed on its behalf by a duly authorized representative of Intertech. No conditions, usage of trade, course of dealing or performance, understanding or agreement, purporting to modify, vary, explain, or supplement these terms and conditions shall be binding upon unless hereafter made in writing and signed by the party to be bound. Any proposed modifications or additional terms are specifically rejected and deemed a material alteration hereof. If this document shall be deemed an acceptance of a prior offer by Buyer, such acceptance is expressly conditional upon Buyer’s assent to any additional or different terms set forth herein.
Foreign Corrupt Practices Act
Buyer shall comply with applicable laws and regulations relating to anti-corruption, including, without limitation, (i) the United States Foreign Corrupt Practices Act (FCPA) (15 U.S.C. 78dd-1, et. Seq.) irrespective of the place or performance, and (ii) laws and regulations implementing the Organization for Economic Cooperation and Development’s Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, the U.N. Convention Against Corruption, and Inter-American Convention Against Corruption in Buyer’s country or any country where performance of this agreement of delivery of goods will occur.
Property and Confidentiality
The intellectual property embodied in the Goods is the exclusive property of Seller and its affiliates and Buyer shall not attempt to duplicate it in any way without the written permission of Seller. Notwithstanding any charges to Buyer for engineering or tooling, all engineering and tooling shall remain the exclusive property of Seller. All information and materials supplied by Seller to Buyer relating to the Goods are confidential and proprietary, and Buyer shall limit distribution thereof to its trusted employees and strictly prevent disclosure to any third party.
Access
Access to Intertech's records or data by the Buyer must be approved by an officer of Intertech and shall exclude proprietary materials.
General Provisions
All typographical or clerical errors made by Intertech in any quotation, acknowledgment or publication are subject to correction. This agreement shall be governed by the laws of the State of Oregon applicable to contracts to be formed and fully performed within the State of Oregon, without giving effect to the choice or conflicts of law provisions thereof. All suits arising from or concerning this agreement shall be filed in the Circuit Court of Benton county Oregon, or the United States District Court for the Western District of Oregon, and no other place unless otherwise determined in Intertech’s sole discretion. Buyer hereby irrevocably consents to the jurisdiction of such court or courts and agrees to appear in any such action upon written notice thereof.
Exporting
Buyer acknowledges that this order and the performance thereof are subject to compliance with any and all applicable United States laws, regulations, or orders. Buyer agrees to comply with all such laws, regulations, and orders, including, if applicable, all requirements of the International Traffic Arms Regulations and/or the Export Administration Act, as may be amended. Buyer further agrees that if the export laws are applicable, it will not disclose or re-export any technical data received under this order to any countries for which the United States government requires an export license or other supporting documentation at the time of export or transfer, unless Buyer has obtained prior written authorization from the United States Office of Export Control or other authority responsible for such matters.
Miscellaneous
(a) Waiver No failure or delay by Seller in exercising any right and no course of dealing between Buyer and Seller shall operate as a waiver of rights by Seller.
(b) Assignment Buyer may not assign its rights hereunder without Seller's written consent.
(c) Law These Terms are governed by Oregon law (without regard to conflict of law principles). Federal and state courts in Oregon shall have exclusive jurisdiction for any dispute hereunder.
(d) Amendment These Terms constitute the entire agreement between Buyer and Seller relating to the Goods, and no provision may be changed or waived unless in writing signed by the parties.
(e) Severability If any provision hereof is rendered ineffective or invalid, such provision shall not invalidate any other provision.
(f) Setoff all claims hereunder by Seller are subject to set off by Seller for any counterclaim arising out of any transaction with Buyer.
(g) Definitions As used herein, “including” means “including without limitation”.
(h) COVID Public Health & Safety Masks must be worn in our facility if you are not vaccinated.
