Quality and Environment Policy at MARS Antennas
Terms and Conditions of sale
ACCEPTANCE OF ORDERS
No purchase order will be binding unless or until accepted in writing by an authorized employee of MARS Antennas & RF Systems Ltd. (hereinafter called “MARS” or “Seller”). Any terms and conditions of the purchase order or other instrument which are in addition to or inconsistent with MARS’ terms and conditions of sale will not be binding on MARS and will not apply to this transaction unless specifically agreed to in writing in MARS’ acceptance. MARS Acceptance sets forth the entire understanding between the parties with reference to the subject matter hereof. All clauses contained in law and regulations have been considered by the parties hereto and all those clauses not included are deemed to be excluded by mutual agreement of the parties.
PRICES
Unit prices apply to the specific quantities and delivery schedule shown. Any variation in quantity, specification and/or rate of delivery may necessitate a revision in the unit price.
CHANGES
Purchase order changes will not be considered effective until a mutual agreement has been reached in writing between the Buyer and MARS concerning the effect of the said changes on price, delivery or other terms and conditions of the order.
DELIVERY
The delivery date stated is our best estimate of the time in which items will be shipped. MARS assumes no responsibility for loss damage or consequential damages.
WARRANTY
Items sold by MARS are warranted only as follows:
Except as noted below MARS will correct, either by repair or replacement at its option, any defect of material or workmanship which develops within one year after the delivery of the item provided that evaluation and inspection by MARS discloses that such defect developed under normal and proper use. Repaired or replaced items will be further warranted for the unexpired term of their original warranty.
All items claimed to be defective must be returned to MARS (subject to the terms of paragraph 6 below), transportation charges prepaid, and will be returned to the Buyer with transportation charges collect unless evaluation proves the item to be defective and that MARS is responsible for the defect. In that case, MARS will pay and reimburse Buyer for all transportation charges. MARS may elect to evaluate and repair defective items at the Buyer’s site. MARS may charge Buyer a fee (including travel expenses if needed) to cover the cost of evaluation if the evaluation shows that the items are not defective or that they are defective for reasons beyond the scope of this warranty. MARS will not assume expense or liability for repairs made outside the factory by unauthorized personnel without MARS written consent.
MARS is not responsible for damage to any associated equipment nor will be held liable for loss or damage or consequential damages. This warranty is in lieu of all other warranties expressed or implied including the implied warranty of “merchantability” and “fitness for intended use”.
CLAIMS AND REJECTED MATERIAL
No items may be returned without Seller’s permission in writing. After receiving factory authorization, items requiring repair or replacement should be sent prepaid to the factory, accompanied by a purchase order and/or letter (with photographs if available) stating as completely as possible the defects and the conditions under which the reported defects occurred. Debit memoranda will not be honored until after responsibility has been determined.
SPECIFICATIONS
Seller reserves the right to make design changes at any time without incurring any obligation to incorporate these changes in units previously purchased, or to continue to supply items which do not have the design changes incorporated.
TERMS OF PAYMENT
The terms of payment for exports shall be via a confirmed Letter of Credit acceptable in form and substance to the Seller. The Letter of Credit shall be issued by a pre-approved Bank. All costs concerning the issuance of the Letter of Credit shall be borne by the Buyer. The Letter of Credit shall permit specifically partial shipments and trans-shipments.
SHIPMENTS
Terms of shipments are in accordance to the specific quotation. Unless specifically quoted, terms of shipment are Ex Works. Packaging provided shall be suitable to the goods shipped and it may be quoted as a cost item. All claims for damage during shipment shall be made with the carrier. CIF quotations include provisions and costs of freight and insurance to the port of destination and are exclusive of any customs, local freight costs, customs agent cost or any other cost or tax in the country of destination.
TERMINATION
Any order, once accepted by Mars, will not be subject to termination, except on terms that protect Mars against loss.
LICENSES
The material quoted may be a controlled material subject to an Export License and/or Import License. MARS will do its best efforts to obtain an adequate Export License, and buyer shall assist MARS by supplying all relevant documents and information for MARS application. However, if such a License will not be granted MARS shall not liable for any direct or indirect damages caused to the buyer. Import License to any country of destination is the buyer’s responsibility.
Warranty Terms
Items sold by MARS are warranted only as follows:
Except as noted below MARS will correct, either by repair or replacement at its option, any defect of material or workmanship which develops within one year after the delivery of the item provided that evaluation and inspection by MARS disclose that such defect developed under normal and proper use. Repaired or replaced items will be further warranted for the unexpired term of their original warranty.
All items claimed to be defective must be returned to MARS, transportation charges prepaid, and will be returned to the Buyer with transportation charges collect unless evaluation proves the item to be defective and that MARS is responsible for the defect, in which case MARS will pay for the return. MARS may elect to evaluate and repair defective items at the Buyer’s site. MARS may charge Buyer a fee (including travel expenses if needed) to cover the cost of evaluation if the evaluation shows that the items are not defective or that they are defective for reasons beyond the scope of this warranty. MARS will not assume expense or liability for repairs made outside the factory by unauthorized personnel without MARS written consent.
MARS is not responsible for damage to any associated equipment nor will be held liable for loss or damage or consequential damages. This warranty is in lieu of all other warranties expressed or implied including the implied warranty of “merchantability” and “fitness for intended use”.