| Payment Terms: Net 30 days from date of invoice. Customer agrees to pay all costs incurred by Hilti in collecting delinquent amounts, if any, including attorney's fees. Freight: All sales are F.O.B. Destination with transportation allowed via Hilti designated mode. Delivery dates are estimates only. Additional charges for expedited shipments, special handling requirements, and orders below certain dollar amounts shall be the responsibility of Customer. Fuel surcharges may apply depending on market conditions. Credit: All orders sold on credit are subject to Credit Department approval. Return Policy: Products must be in saleable condition to qualify for return. Saleable condition is defined as those unused items in original packaging and in unbroken quantities and in as-new condition. All returns are subject to Hilti inspection and acceptance, and a $125 restocking charge if returned more than 90 days after invoice date. Proof of purchase is required for all returned materials. Special orders products and discontinued items are not eligible for return credit. Dated materials are only returnable in case quantity, and within 30 days after invoice date. Warranty: Hilti warrants that for a period of 12 months from the date it sells a product it will, at its sole option and discretion, refund the purchase price,repair, or replace such product if it contains a defect in material or workmanship. Absence of Hilti's receipt of notification of any such a defect within this 12-month period shall constitute a waiver of all claims with regard to such product. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANT-ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Hilti shall in no event be liable for, and Customer hereby agrees to indemnify Hilti against all claims related to, special, direct, indirect, incidental, consequential, or any other damages arising out of or related to the sale, use, or inability to use the product. Acceptance of Order: Acceptance is limited to the express terms contained herein, and terms are subject to change by Hilti without notice. Additional or different terms proposed by Customer are deemed material and are objected to and rejected, but such rejection shall not operate as a rejection of the offer unless it contains variances in the terms of the description, quantity, price or delivery schedule of the goods. Orders are not deemed "accepted" by Hilti unless and until it ships the associated items. Domestic Origin: Any non-domestic Hilti product will be so identified on shipping documents and invoices for customers who properly identify themselves as a federal government entity. All other customers may obtain such information by written request to Hilti, Inc., Contract Compliance, P.O. Box 21148, Tulsa, Oklahoma 74121. Hilti’s Quality Department personnel are the only individuals authorized to warrant the country of origin of Hilti products. Business size: Hilti is a large business. Prices: Prices are those stated on the order,and unless otherwise noted are based on purchasing all items on the order - pricing for individual products may vary for purchases of different quantities or item combinations. Hilti does not maintain most favored customer records, makes no representation with respect to same, and rejects any price warranty terms proposed by Customer. Hilti's published net price list is subject to change without notice. Consent to Jurisdiction: All transactions made pursuant hereto shall be deemed to have been made and entered into in Tulsa, Oklahoma. Any and all disputes arising directly or indirectly from such transactions shall be resolved in the courts of the County of Tulsa, State of Oklahoma, to the exclusion of any other court, and any resulting judgment may be enforced by any court having jurisdiction of such an action. All transactions shall be governed by and construed in accordance with the laws of the State of Oklahoma. Indemnification: Customer hereby agrees to indemnify Hilti for any costs, including attorney's fees, incurred by Hilti as a result, in whole or in part, of any violation by Customer of any Federal, State or Local statute or regulation, or of any nationally accepted standard. It shall be Customer's sole responsibility to comply with all applicable laws and regulations regarding the handling, use, transportation, or disposal of products upon taking possession of same. Authorization: HILTI LEGAL DEPARTMENT PERSONNEL ARE THE ONLY INDIVIDUALS AUTHORIZED TO MODIFY THESE TERMS AND CONDITIONS, WARRANT PRODUCT SUITABILITY FOR SPECIFIC APPLICATIONS, OR EXECUTE CUSTOMER DOCUMENTS, AND ANY SUCH ACTION IS NULL AND VOID UNLESS IN WRITTEN FORM SIGNED BY SUCH INDIVIDUAL. |