Terms of Web Sales
Intellectual Property Rights
Vernay shall remain the sole and exclusive owner of all intellectual property embodied in or used to design or manufacture tooling supplied or altered by Vernay.
When purchasing Vernay products using our on-line ordering system, we accept Mastercard and Visa. The transaction amount, in U.S. dollars, will be placed on your credit card within 7 business days of the time of shipment.
Buyer’s Cancellation of Order
Buyer must initiate cancellation of its order by notifying Vernay in writing of its desire to cancel. The cancellation becomes effective upon consent by Vernay. Vernay cannot accept cancellation requests once the product has entered the shipping process. If an order is currently in the shipping process, or has been shipped, the buyer must follow Vernay’s Return Policy and is subject to a 25% re-stocking fee.
Vernay precision engineered elastomeric parts are by design frequently very small. As a result packaged quantities are determined on the basis of “weigh count” rather than individual piece counts. Therefore, quantities may vary by 10% over-or-under the quantity ordered.
Warranty/Limitations of Liability
Seller’s products are warranted only to be free from defects in workmanship and material and shall be subject to Seller’s normal manufacturing tolerances and quality control procedures. SELLER’S PRODUCTS ARE NOT GUARANTEED FOR ANY SPECIFIC LENGTH OF TIME, MEASURE OF SERVICE, FITNESS FOR A PARTICULAR USE OF MERCHANTABILITY, ONLY THE EXPRESS WARRANTY HEREIN SET FORTH SHALL BE DEEMED TO HAVE BEEN MADE BY SELLER, OR RELIED ON BY BUYER AND SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. All previous communications, whether in the form of engineering recommendations or otherwise, are effective only to the extent expressly repeated herein. Engineering recommendations constitute merely the Seller’s opinion and best judgment and do not constitute a warranty.
Seller’s liability for breach of the express warranty set forth above is limited to refunding the purchase price of the defective product or, at Seller’s option, to replacement upon its return. UNDER NO CIRCUMSTANCES SHALL SELLER BE RESPONSIBLE FOR LOSS OF PROFIT, DAMAGE TO GOODWILL OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGE. No claim for any breach of warranty herein shall be valid unless delivered to Seller in writing within thirty (30) days after delivery of the product with respect to which the claim is made.
If requested by Seller, products or parts for which a warranty claim is made are to be returned, transportation prepaid, to Seller’s facilities. Any improper use, operation beyond tolerance or capacity, substitution of parts not approved by Seller, or any alteration or repair in such manner as in Seller’s judgment affects the products materially and adversely shall void the warranty the Buyer hereunder.
All orders are subject to credit approval. Seller may at any time prior to the delivery to Buyer of the product alter, or suspend credit, refuse shipment or cancel unfilled orders when in Seller’s opinion, Buyer’s financial condition, or the status of Buyer’s account, warrants it or when delivery is delayed through Buyer’s fault. Any unpaid balance shall constitute a lien on any of Buyer’s tooling in Seller’s possession.
In the absence of proper exemption certificates forwarded to Seller by Buyer, Buyer shall reimburse any/or pay to Seller all applicable excise, sales or use taxes or other taxes or governmental charges which Seller is required to pay in connection with the sale of product to Buyer.
Delivery dates, including acknowledged delivery dates, are estimates only. Seller shall not be liable to Buyer for any liability or claims for loss or expense or consequential damages on account of any failure to make timely delivery.
Risk of Loss
Buyer shall bear the risk of loss of or damage to the products after they have been placed under the control of the carrier.
Seller’s obligation of performance hereunder shall be excused to the extent that it is prevented by an act of God or labor-related work stoppage or slowdown.
Controlling Law and Forum
This contract shall be governed by the law of the state listed in the Seller’s address. Buyer hereby submits to the personal jurisdiction of the state and federal courts in such state for the purpose of any litigation arising hereunder.