Terms and Conditions

Prices

All catalogue literature is maintained only as a source of general information and any prices shown in any publication are subject to change without notice. Unless otherwise stated, prices are quoted FOB factory and include packing costs for domestic shipment. Prices do not include sales, use, excise or similar taxes, and the amount of any such present of future tax shall be paid by the purchaser.

Terms

Terms of payment to customers with established credit are Net 30 Days. Where financial information is not available on a new customer, terms are COD or cash with order.

Penalty Clause

No penalty clause of any description, in any specification or order will be effective unless approved in writing over the signature of an officer of the Company.

Delivery

The indicated delivery date is the best estimate possible based on current anticipated factory loads. We assume no liability for loss, damage or consequential damage due to delay.

License Exclusion

The sale of products covered herein shall not confer upon the purchaser and license to manufacture under any patents owned or controlled by the seller, its subsidiaries, affiliates or suppliers.

Warranty

THE FOLLOWING CONSTITUTES THE ENTIRE WARRANTY BY MIYACHI UNITEK CORPORATION AND ALL OTHER EXPENSES OR IMPLIED WARRANTIES ARE SPECIFICALLY EXCLUDED. Equipment sold by MIYACHI UNITEK CORPORATION is warranted as stated below. Subject to the exceptions and upon the conditions specified below MIYACHI UNITEK CORPORATION agrees to correct, either by repair, or at its election, by replacement any defect of material or workmanship which develops within ONE (1) YEAR after delivery of the equipment (parts) to the original PURCHASER by MIYACHI UNITEK CORPORATION or by an authorized representative of MIYACHI UNITEK CORPORATION, provided that investigation by MIYACHI UNITEK CORPORATION discloses that such defect developed under normal and proper use. In no case shall MIYACHI UNITEK Corporation’s liability exceed the price of the equipment. The following conditions apply to this warranty: a) All equipment claimed defective must be returned to MIYACHI UNITEK CORPORATION, TRANSPORTATION CHARGES PREPAID and will subsequently be returned to the PURCHASE with the transportation charges prepaid. b) MIYACHI UNITEK CORPORATION makes no warranty concerning components or accessories not manufactured by it, such as transistors, fuses, optics, batteries, etc. However, in the event of the failure of any component or accessory not manufactured by MIYACHI UNITEK CORPORATION, MIYACHI UNITEK CORPORATION will assist the PURCHASER in obtaining, from the respective manufacturer, whatever adjustment is reasonable in light of that manufacturer’s warranty. c) All expendables such as electrode’s are warranted only for defects in material or workmanship which are apparent upon receipt by the customer. The warranty is negated after the initial use. d) MIYACHI UNITEK CORPORATION shall be released from all obligations under its warranty in the event repairs or modifications are made by persons other than its own service personnel, or an authorized representative’s personnel, unless such repairs are made with the written consent of MIYACHI UNITEK CORPORATION in accordance with procedures outlined by MIYACHI UNITEK CORPORATION. e) MIYACHI UNITEK CORPORATION expressly disclaims any liability to its customer’s, representatives or to users of its products and/or to any other person(s) for consequential damages of any kind or from any cause whatsoever arising out of or in any way connected with, the manufacture, sale, repair, replacement of, or use of its products. f) Representatives and warranties made by any person, including representatives of MIYACHI UNITEK CORPORATION, which are inconsistent or in conflict with the terms of this warranty, set forth above, shall not be binding upon MIYACHI UNITEK CORPORATION unless reduced to writing and singed by an Officer of MIYACHI UNITEK CORPORATION. This warranty shall be governed by the Laws of the State of California. Claims for damage in shipment must be filed promptly with the transportation company.

Return Goods Policy

MIYACHI UNITEK CORPORATION products may be returned to MIYACHI UNITEK CORPORATION for credit within ninety (90) days of shipment subject to the following conditions. A. In order to return products for credit, customers must obtain a Return Material Authorization (RMA) from MIYACHI UNITEK CORPORATION. Upon receipt, it must be executed by an authorized person and then returned with the product(s). Products returned to MIYACHI UNITEK CORPORATION without an RMA will be returned at the customers expense. B. Products are to be returned to MIYACHI UNITEK CORPORATION, 1820 South Myrtle Avenue, Monrovia, CA 91016 Freight Prepaid. MIYACHI UNITEK CORPORATION will not accept collect shipments. C. Restocking fees will be assessed in accordance with the following schedules: 1.Products returned within the first thirty (30) days from shipment date will be restocked less 5% of the amount billed on the original invoice. 2. Products returned over thirty (30) days of shipment but less than sixty (60) days will be restocked less 10% of the amount billed on the original invoice. 3.Products over sixty (60) days from date of shipment but not over ninety (90) days from date of shipment will be restocked less 20% of the amount billed on the original invoice. 4. No returns are allowed after 90 days from the original shipping date. D. The restocking fees set forth in C.1,C.2, and C.3 are minimum fees. If a returned product requires rework to restore it to a saleable condition, further charges will be assessed. The Quality Assurance Department will document the condition of the product(s) when received at MIYACHI UNITEK CORPORATION and report their findings to the customer. E. Products which cannot be restocked include: 1. Custom-made items unless found to be defective or not to customer specifications. MIYACHI UNITEK CORPORATION has the option to rework or replace such product(s) at no charge to the customer. 2. Any expendable product(s) that have been used. These products are those whose stock numbers start with 11-, 12-, 13-, 14-, 16-, and 17-.

Quotations

Unless specifically stated to the contrary, quoted prices and discounts are firm for 30 days from the date of quotation. All stenographic and clerical errors are subject to correction. The terms and conditions listed herein shall apply to those quotations furnished on any customer’s form or request for proposal. Orders are effective only when accepted by written acknowledgment at Monrovia, California.