Relteck (Seller) desires to provide its Customers (Buyer) with prompt and efficient service. However, to negotiate individually the terms and conditions of each sales contract would substantially impair Seller’s ability to provide such service. Accordingly products furnished and services rendered by Seller are sold only on the terms and conditions stated herein. Notwithstanding any terms or conditions on Buyer’s order, Seller’s performance of any contract is expressly made conditional on Buyer’s agreement to Seller’s Terms and Conditions of Sale unless otherwise specifically agreed to in writing by Seller. In the absence of such agreement, commencement of performance and/or delivery shall be for Buyer’s convenience only and shall not be deemed or construed to be acceptance of Buyer’s terms and conditions, or any of them.
Seller shall not be liable for, nor be deemed in default by reason of any delay or failure in the performance of this order in any particular way when such delay or failure is caused in whole or in part by any Natural disaster or the public enemy, law, regulations, or order by any Government agency, riot, strike or civil commotion or any other cause, direct or indirect beyond the Seller’s control.
Delivery is premised on receipt of Buyer’s purchase order, test samples, and controlling test documents at Seller’s test facility. Conduct of the test program is predicated on a normal 8-hour day, 5-day workweek basis.
Seller warrants that the test data reflects the correct result of tests performed and makes no other warranty, expressed, implied, or otherwise.
Unless otherwise specified terms of payment on full or partial shipments are Net 15. Any invoices not paid in full are considered to be delinquent and are subject to a service charge of 3 percent per month.
The acceptance by Seller of any order as a result of this Quotation is subject to Seller’s approval of the Buyer’s credit. Should Buyer’s credit rating change while the order is in process the Seller reserves the right to discontinue testing, withhold test data and the test samples until full payment has been paid.
If the Buyer defaults in any payment when due, Seller reserves the right to defer delivery or cancel the order without prejudice to other lawful remedies. In the event Seller engages the services of an agency to collect such overdue amounts, Buyer agrees to pay the agency costs or fees incurred by Seller whether or not suit is brought.
A billing will be submitted for all work completed and material (if applicable) for any order that has been placed on hold for any reason for a period of thirty (30) days or more.
Payment of Seller invoices by Buyer shall not be delayed by, or contingent upon, approval or payment of Buyer’s customer or any other third party.
If the Buyer delays shipment or testing, Seller reserves the right to invoice the Buyer for an amount based upon the contract price and percentage of completion. The storage of any products delayed in production or shipment by the Buyer will be at the expense of the Buyer
In the event the Buyer shall become insolvent or makes a general assignment for the benefit of creditors, or files or has filed against it, a petition in bankruptcy or for reorganization, or pursues any other remedy under law relating to the relief of debtors, or in the event a receiver be appointed of Buyer’s property or business, Seller may, at its option, terminate performance under the contract and treat the Buyer in default
Unless otherwise specified, all services are sold FOB Seller’s Facility.
Complete or partial cancellation of any order or contract may be made by the Buyer only upon payment of reasonable charges for time and material based upon current rates and upon payment for any commitments to third parties incurred by Seller. Buyer must provide written notice of cancellation via a purchase order change. Work may continue on the order until the Seller receives the hard copy purchase order change.
Seller will not be liable for damage to samples resulting from samples malfunction, failure or inability to meet specified performance requirements.
Seller’s liability for damages shall not exceed the amount it receives for the services rendered unless the Buyer notifies the Seller in writing of extraordinary value involved in a particular item and pays an additional amount for appropriate insurance coverage. In no event shall Seller be liable for more than $25,000 or for any incidental, consequential or special damages.
The amount of all Federal, State or local taxes applicable to the sale, use, delivery or transportation of the articles sold hereunder and all duties, imports, tariffs and other similar levies shall be added to the contract price and paid by the Buyer, except where the Buyer shall furnish appropriate certification of exemption therefrom.
Any assignment of any order by the Buyer without written consent of Seller shall be void.
Seller uses reasonable care in performing tests. However, damage caused to persons or property by material provided by Buyer to Seller shall be for the account of Buyer.
Seller will immediately notify Buyer upon failures exceeding the percent defective allowed (PDA) and will suspend further testing until advised in writing of further action to be taken.
Seller is not obligated to perform any additional services, including repeat testing, not specifically covered by this quotation, without compensation in addition to that herein proposed. The prices herein set forth are valid only for the purposes of this procurement and shall not be binding upon Seller as the basis for pricing subsequent or repeat testing. Any details or breakdowns of the prices herein proposed are provided for information purposes or for the establishment of bidding schedules, and are not binding upon Seller as the basis for pricing increments of the total task or for pricing subsequent repeat testing, unless so specified.
Any and all offers to perform testing are subject to prior commitment of equipment and personnel and no such offer shall be construed as requiring seller to expand existing facilities or staffing.
Risk of loss to test samples in transit shall be the responsibility of Buyer unless otherwise specified in the Purchase Order and acknowledged by Seller.
Buyer agrees to provide test specimens, and required technical data where applicable in order to permit Seller to proceed on a timely basis after receipt of Buyer’s order. Unless otherwise stated, the quoted prices are based on receipt of test specimens, and required technical data within thirty (30) days after receipt of order. In the event of a delay in the commencement of work in excess of thirty (30) days, occasioned by the failure of Buyer to furnish required test specimens and any other delays on the part of the Buyer, the prices herein set forth shall not be valid unless confirmed by Seller.
In the event the material fails required testing the Seller would notify the Buyer. If the Buyer does not respond within 5 days, Seller will provide a second notification. If the Buyer does not respond within 10 days of the second notice, the Seller reserves the right to terminate and bill for material and services rendered to date
Changes in the Scope of Work (SOW) requested by the Buyer must be communicated to the Seller in writing via a purchase order change prior to Seller commencement of work on the SOW change.
Work stoppage requests by the Buyer must be provided to the Seller in writing via a purchase order change. The Seller reserves the right to terminate testing and bill for material and services after 10 days unless otherwise agreed to in writing by both Buyer and Seller.
Relteck NIST SP 800-171A USA DoD Registered/Active Company
Relteck Registered/Active: Contractor Administrator, SAM & PIEE, SPRS – SPRS Cyber Vendor User.
Relteck DoD Active PIEE, SAM, SPRS, Location, Group & Cage Code: 9PR95
Relteck ITAR Compliant/Active DoD Company
