Terms and Conditions of Sale
All orders are subject to the terms and conditions contained herein. No acceptance by Heyco of any order from Buyer shall be deemed to be an acceptance of any provision of Buyer’s order form and the terms and conditions contained herein shall govern. Upon acceptance of Buyer’s order by Heyco, the provisions of these terms and conditions shall apply regardless of any different or conflicting provisions in any order or other communication from Buyer and shall constitute the entire agreement and understanding between Buyer and Heyco.
EFFECTIVE TIME – All quotations unless otherwise stated are for acceptance within 30 days, and in the event they are not so accepted, Heyco reserves the right to change prices without further notice to Buyer. All quotations apply only if full quantity of lot released at one time. Heyco reserves the right to make extra charges for smaller lots. Heyco reserves the right to correct all stenographic and clerical errors at any time.
PAYMENT AND TERMS - Net due in 30 days. Please show our invoice number on your remittances. Payments should be sent to Heyco Products, Corp., P.O. Box 845887, Boston, MA 02284-5887. Heyco reserves the right, at any time, to revoke any credit extended to Buyer because of Buyer’s failure to pay for any orders when due or for any other reason deemed sufficient by Heyco. In the event any invoice shall be placed with an attorney for collection, Buyer shall be responsible for attorney’s fees and all costs of collection. Security title and right of possession of the products sold hereunder shall remain with Heyco until all payments hereunder (including deferred payments whether evidenced by notes or otherwise) shall have been made in full in cash.
MINIMUM CHARGE - Due to the cost of handling small orders, a minimum order quantity and billing of $500.00 net plus transportation shall apply to each order.
SHIPMENT – Heyco shall attempt to make shipment within the time specified after acceptance of Buyer’s order. Buyer shall furnish complete shipping instructions to Heyco within a reasonable period of time prior to the requested delivery date. In no event shall Heyco be responsible for any delay in or failure to manufacture or deliver arising out of acts of public enemy, fire, flood, or any disaster, labor trouble, riot or disorder, delay in the supply of materials or any other cause, whether similar or dissimilar, beyond the control of Heyco. In no event shall Heyco be liable for any incidental or consequential loss or damage whatsoever resulting from any delay in or failure to manufacture or deliver.
ORDERS – No orders and contracts shall be binding on Heyco until approved by an authorized officer of Heyco. Unless otherwise specified in writing, any variation in quantities shipped not exceeding 10 % of the quantities ordered should constitute compliance with the order and the unit price shall continue to apply. Any terms in a Purchase Order which are in addition to or inconsistent with these Conditions shall not be binding on Heyco notwithstanding that Heyco may have accepted the order.
CLAIMS FOR LOSS OR DAMAGE IN TRANSIT – All shipments are made F.O.B. Factory, Toms River, NJ. Title and risk of loss shall pass to and be borne by the Buyer upon delivery of the products to the first carrier or shipper. Heyco shall not be responsible for any damage to products which shall occur during the shipments, and no such damage shall relieve Buyer of any obligations to Heyco. The Buyer should file with the carrier for loss or damage in transit
CARTAGE - No charge will be allowed for any cartage at destination.
TOOLING- Tooling shall remain the property of Heyco unless other arrangements are specified in Buyer’s Purchase Order and Heyco acknowledges such arrangements in writing.
PRICES - Heyco is not responsible for the accuracy of any prices, discounts or terms shown on customers’ orders. Orders will be priced at current applicable prices and terms regardless of what might appear on customers’ orders. Also, all orders will be invoiced at prices prevailing at time of shipment. Pricing is subject to change without notice.
TAXES – All prices are for domestic shipments and liability for taxes, duties, imposts, revenues, excise taxes, licenses or other fees imposed upon the production, sale, shipment, or use of Heyco’s products or service shall be assued and paid for by Buyer, and Buyer shall indemnify Heyco against any such liability. Heyco will bill applicable sales and/or use taxes unless Buyer furnishes suitable exemption certificate at time of placing order.
CANCELLATIONS AND RETURNS – Orders may not be cancelled without the prior written consent of Heyco. Products may not be returned without the prior written consent of Heyco. Minimum billing shipments not returnable for credit. Product permitted by Heyco to be retuned must be in the original, unopened Heyco brand package and undamaged and are subject to a 25% restocking charge or $25.00, whichever is greater.
SPECIAL REQUIREMENTS - Heyco reserves the right to deny or charge additional fees for any special requirements, including but not limited to labeling, pallet, packaging, etc… Heyco will accept component rejections for parts that do not meet Heyco’s published specifications ONLY. Any alternative specifications must be approved, in writing, by Heyco prior to shipment.
MISCELLANEOUS – Any controversy or claim arising out of or relating to this contract or breach thereof shall be settled by arbitration held in New Jersey, in accordance with the rules of the American Arbitration Association, and judgment upon any award thereon may be entered in any court having jurisdiction thereof. This contract shall be governed by and construed in accordance with the laws of New Jersey. This contract constitutes the entire agreement between the parties and may not be modified, changed or terminated except in writing signed by both Buyer and Heyco. If any term or condition or part thereof herein contained is held invalid the other terms and conditions shall remain in full force and effect.
WARRANTY Heyco products are sold with the understanding and on condition that the Buyer will test them in actual use and make its own determination as to their suitability and acceptability for its intended use, and the Buyer agrees to such condition. Use of Heyco products other than for applications illustrated within current catalogs constitutes a misuse for which the Buyer bears all responsibility. Heyco warrants to the original Buyer only that Heyco products, when purchased in the original, unopened, Heyco brand package, will be free from defects in materials and workmanship. Heyco’s sole obligation and Buyer’s sole remedy, for any breach of this warranty is limited to repair or replacement of the product, at Heyco’s option. Heyco shall not under any circumstances be liable for the loss of the use of a Buyer’s equipment or facilities, or for loss of any business or goodwill or profits, or for cost of inspection, transportation or storage, or for any other incidental or consequential damages of any nature or description. For this warranty to be effective, Buyer must notify Heyco in writing of any products that are deemed to be defective within 60 days after receipt of such products, and Heyco’s representatives shall be given an opportunity to inspect the claimed damaged products and investigate the claims. Heyco expressly disclaims any and all expressed or implied warranties concerning its products including, without limitation, warranty of fitness for a particular purpose and warranty of merchantability, except the warranty set forth above.
Heyco has not been evaluated for compliance with Aerospace Standard AS/EN/JISQ 9100, and as such our products are not expressly declared to be suitable for such application.