ISP Optics Terms and Conditions
ISP Optics accepts orders only by way of written Purchase Order specifying the ISP Optics catalog numbers or full details of any special requirements. All orders are subject to acceptance by ISP Optics Submission of a Purchase Order shall constitute acceptance of ISP Optics Terms and Conditions of Sale, set forth herein and in any Quotation provided by ISP Optics. These Terms and Conditions shall supersede any inconsistent provisions contained on Buyer’s Purchase Order.
The specifications provided in our catalog, literature, or in any written quotations are intended to be accurate. However, ISP Optics reserves the right to change specifications and makes no claim about the suitability of its products for any particular intended purpose
Catalog items conform to the ISP Optics published specs and they will be shipped with no documentation. ISP Optics will provide Certificate of Conformance for the parts upon request only. Any additional documents must be requested through the formal quote process.
If the Purchase Order includes work to be done on property or material supplied by Purchaser, ISP shall not be liable for any loss or damage to Purchaser’s property during ISP’s manufacturing process, unless the loss or damage was the result of the negligence or other willful act on the part of ISP Optics.
Catalog prices are subject to change without notice. Failure to object to the price change on custom order after notice shall be deemed to be acceptance of the price change. Prices quoted are exclusive of, and Buyer agrees to pay, any federal, state or local excise, sales, use, VAT or any other tax. Prices quoted are held for 30 days, unless quoted otherwise.
Items in stock will be shipped within 1–2 business days from receipt of order. For items not in stock, an estimated delivery date will be specified upon acceptance of the order. After acceptance of an order, ISP Optics will provide an estimated delivery date and will use its best efforts to meet the estimated delivery date. Delivery dates are subject to change if property or material to be supplied by Purchaser does not arrive by the date mutually agreed to by the parties. ISP Optics is not responsible for any consequential damage caused by late delivery. ISP Optics will notify Buyer of any anticipated delay in delivery. ISP Optics reserves the right to ship ahead or reschedule, unless the Buyer specifies otherwise.
All shipments are made as per Ex Works 2000; Irvington, NY, USA. ISP Optics assures proper packaging and will ship by any method selected by ISP Optics, unless otherwise specified in a Buyer’s Purchase Order. Shipping and handling charges are prepaid and added to Buyer’s invoice, unless otherwise specified on the order. ISP Optics shall not be liable for loss or damage to the goods after delivery of the product to a common carrier. Buyer agrees to pay any federal, state or local excise, sales, use, personal property or any other tax.
8.Terms of Payment:
All orders are paid prior to shipment or on open account. ISP Optics accepts checks or money orders in US dollars, bank wire transfers, or credit card (Visa, Mastercard or American Express).
To open an account, provide ISP Optics with bank reference, account numbers, and three trade references. Open accounts are available to companies rated good or higher by D&B, government agencies, and recognized educational and research institutions.
Stock Products: ISP Optics stock optical products are warranted to meet or exceed the stated specifications, and to be free from defects in material or workmanship. This warranty shall be valid for thirty days from invoice date and is subject to the Return Policy set forth in these Terms and Conditions.
Custom Products: Specially manufactured or custom products are warranted to be free from manufacturing defects and meet your written specifications only. This warranty is valid for 60 days from invoice date and is subject to the Return Policy set forth in these Terms and Conditions.
Stock Products: If Buyer believes that a stock product is defective or did not meet ISP Optics stated specifications, Buyer may return the product within 30 days of invoice date. Prior to return of the product, Buyer must obtain a RETURN AUTHORIZATION NUMBER. No product will be processed without a RETURN AUTHORIZATION NUMBER. Buyer should then pack the product carefully and return it to ISP Optics, freight prepaid, together with an explanatory note and the RETURN AUTORIZATION NUMBER. The returned product must be in the original package and free of any defect or damage caused by shipping. If ISP Optics finds that the product does not meet the specifications set forth in paragraph 8 for stock products, ISP Optics shall, at its sole option, either refund the purchase price, repair the defect, or replace the product. If ISP Optics determines that the returned product meets the specifications set forth in paragraph 8 for stock products, then ISP Optics shall refund the Buyer the purchase price, less a 25% restocking fee.
Custom Products: Custom products may not be returned unless they do not meet Buyer’s specifications or contain a manufacturing defect. If Buyer believes that a custom product is defective or did not meet the Buyer’s specifications, Buyer may return the product within 60 days of invoice date Prior to return of the product, Buyer must obtain a RETURN AUTHORIZATION NUMBER. No product will be processed without a RETURN AUTHORIZATION NUMBER. Buyer should then pack the product carefully and return it to ISP Optics, freight prepaid, together with an explanatory note and the RETURN AUTORIZATION NUMBER. The returned product must be in the original package and free of any defect or damage caused by shipping. If, upon receipt of the product ISP Optics determines that the product did not meet Buyer’s specifications or is not free from defect, ISP Optics shall, at its sole option, either refund the purchase price, repair the defect, or replace the product.
ISP Optics shall retain all rights to technical data and information, whether patentable or not, arising out of or evolving as a result of the manufacture of products meeting Buyer’s specifications. Buyer agrees not to assert against ISP Optics any patent rights the scope of which is included within the manufacture of products delivered hereunder by ISP Optics, and which relate to an invention made by or for Buyer on a date subsequent to the date of delivery of the product to Buyer.
Buyer warrants that the use of any product purchased from ISP Optics shall not infringe on the proprietary rights of third-parties. If Buyer has purchased a Custom product, Buyer further warrants that it has proprietary rights to the specifications provided to ISP Optics and that no third-party has any proprietary claim to the specifications, other than as may exist in the public domain.
Performance by Seller under the Purchase Order shall be extended or excused to the extent of failure to perform is the direct or indirect result of any occurrence beyond Seller’s control including, but not limited to, strikes, labor troubles, riots, floods, fired, earthquakes, storms and other natural disasters, accidents, unavoidable casualty, delays in delivery of materials, embargoes, war, government orders, acts of civil or military authorities, acts by common carriers or any similar unforeseen event that renders performance commercially implausible.
This agreement shall be governed by and construed in accordance with the laws of the State of New York.