Terms and Conditions of Sale
These terms control the Buyer's acceptance of goods and/or services shall constitute acceptance of these terms and conditions. Terms or provisions of Buyer's order that are inconsistent with or in addition to Fluke’s terms and conditions shall not be binding unless accepted in writing by Fluke. Fluke's failure to object to any provision contained in a communication from Buyer shall not be a waiver of these terms and conditions. If any terms or conditions of sale are declared by an arbitrator, or court or other body having jurisdiction, to be invalid or unenforceable, the remaining terms and provisions shall remain in full force and effect. This transaction shall be governed by the laws of the state of Washington, U.S.A.
DELIVERY AND RISK OF LOSS
Domestic delivery shall be F.O.B. origin. Title and risk of loss shall pass to Buyer when products are delivered to Carrier unless otherwise agreed to in writing by Fluke. Upon request by Buyer, Fluke shall prepay and invoice Buyer for freight and shipping/handling and insurance costs. International orders shall be FOB factory/EX works. Freight and insurance for international shipments may be provided for a fee upon request. No order is assignable without Fluke’s prior written approval.
PAYMENT
100% of the invoiced amount is due in U.S. Dollars within 30 days fro date of invoice on approved credit, unless otherwise stated in writing by Fluke. Fluke may modify payment terms if, in its sole opinion, the payment record or financial condition of Buyer warrants. Late payments are subject to 1% interest per month on the unpaid balance. Prices exclude any tax or duty now or hereafter imposed upon the production, storage, sale, transportation, or use of the products.
FOR INTERNATIONAL SALES
CANCELLATION
Orders may not be canceled or rescheduled without Fluke's written consent and are subject to cancellation or reschedule charges determined by Fluke.
EXPORT REGULATIONS
The sale of Fluke products and technology is subject to and contingent upon compliance with U.S. Export Administration Regulations. All international orders are contingent upon approval of export licenses required by the Government. The use, sale, reexport, delivery or retransfer, directly or indirectly, of the items described herein, in or to any activities related to the design, production, use, or stockpiling of chemical, biological or nuclear weapons or missiles is strictly prohibited.
EXCUSABLE DELAYS
Fluke shall not be liable for nondelivery or delay in performance when such delay is directly or indirectly caused by, or in any manner arises from, delay or failure to deliver by Fluke's suppliers, fires, floods, accidents, riots, war, governmental interference or embargoes, strikes or shortage of labor, or other causes (whether or not similar to those specified) beyond its control. Delivery shall be deemed suspended so long as such causes delay performance. Fluke agrees to make, and Buyer will accept, deliveries at a reasonable time after remedy of such causes. Quoted weeks ARO are approximate.
DESIGN CHANGES
Fluke and its suppliers reserve the right to change product design or specifications at any time without notice.
SOFTWARE
Fluke grants a perpetual, non-exclusive license to Buyer to use ordered software on a single unit of product. Title to software shall remain in Fluke or its suppliers. The license may be terminated if Buyer discloses the software to others without Fluke's consent. Back-up copies of the software may be made and Buyer may sublicense the software along with the transfer of said single unit of product.
