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This Price Schedule Supersedes And Replaces All Previous Price
Schedules And Is Subject To Change Without Notice. See Below For Terms Of Sale
and Limited Warranty.
HOW TO USE THIS PRICE SCHEDULE: Prices are shown in this schedule
by catalog page number. Using the Product Number of the item
selected, refer to the page number in this price schedule. The
product will be shown with a brief description, catalog number, price
and shipping weight.
NOTICE: Lyon Technologies, Inc., reserves the right to delete,
change, or modify products at any time without prior notice or
obligation in respect to previous models sold.
Every attempt has been made to provide accurate data and pricing
information in our catalogs and Price Schedules. We assume no
liability for errors, omissions or printing errors.
DISCOUNTS, IF ANY APPLY, ONLY TO ORDERS OF $20.00 OR MORE.
Please allow 5 to 7 working days for order to be shipped. Some
items in this schedule are not stocked. Shipment of these items will
be longer than 5 to 7 working days.
NOTE: 230 Volt units may or may not be in stock due to shipment
levels. Please allow 4 to 6 weeks for shipment of 230 Volt units.
Units using European power cords are not stocked and are built to
order only.
Order paid by personal check or company check (where company is
not known to us) will be held seven (7) working days before shipment
is made.
NOTICE: Lyon Technologies, Inc., reserves the right to delete,
change, or modify products at any time without notice or obligation
in respect to previous models sold. Every attempt has been made to
provide accurate data and pricing information in our Catalogs and
Price Schedules. We assume no liability for errors, omissions or
printing errors.
1. SCOPE. These terms of sale apply to the sales of products by
Lyon Technologies, Inc. (Seller). These terms may in some
instances conflict with some of the terms proposed by the Buyer.
Therefore, acceptance of the Buyer's order is made only on the
express understanding that to the extent that any of these terms and
conditions conflict with any terms of the Buyer's order, these terms
and conditions shall govern. These terms shall be deemed accepted by
Buyer's placing an order, accepting the goods, or tendering full or
partial payment. Seller's failure to object to provisions contained
in any communication from Buyer shall not be deemed a waiver of these
terms. Any additions to or deviation from these terms must be
proposed to Seller at its office, and must be accepted in writing by
Seller before such terms will become part of the contract.
2. APPROVAL OF ORDERS. All orders and contracts must be approved
and accepted by Seller at its office.
3. PRICE. The price to be paid by Buyer shall be that contained on
Seller's price list and/or catalog at the time the order is received.
Seller reserves the right to change prices without notice.
4. PAYMENT. Unless otherwise expressly agreed, no order will be
accepted by Seller unless the full purchase price and all other
charges accompany the order. If Seller agrees to sell to Buyer on
open account, Buyer shall pay the full price and all charges within
thirty (30) days after shipment of the goods by Seller.
5. LATE PAYMENT CHARGE. Buyer shall pay a late payment charge
equal to 1.5% per month on any payment which is not paid when
due.
6. SECURITY INTEREST. Seller shall retain a security interest in
all goods, as security for the full payment of all sums owed by
Buyer. Buyer hereby appoints Seller as Buyer's agent to sign and file
any UCC-1 financing statements to evidence this security
interest.
7. SALES TAX. Buyer shall pay any and all applicable tax or use
tax, if any, plus any other applicable federal, state, or local taxes
imposed on this sale, excluding, however, any income tax.
8. SELLER TO PACKAGE GOODS. Seller will package the goods for
shipment within the continental United States. Buyer shall pay Seller
the reasonable cost of packaging pursuant to Buyer's special
instructions or for export.
9. SHIPPING. All shipments are F.O.B. point of shipment. Unless
otherwise expressly agreed, shipments shall be rerouted at Seller's
discretion. Buyer shall pay Seller the cost of shipment, including
any export charges or taxes. All costs of insurance, documentations,
and bank charges incurred in shipments shall be borne by Buyer.
10. RISK OF LOSS. Title and risk of loss or damage to Buyer when
accepted by the carrier at point of shipment. Claims for loss or
damage during transit or storage must be made by Buyer directly to
the carrier, storage company, or insurance company, if any. Seller
will insure the goods during shipment. Insurance charges are to be
paid for by Buyer.
11. INSPECTION. Buyer shall promptly examine all goods upon
delivery. Buyer shall notify Seller within ten (10) business days
after delivery of any damages on account of condition, quality or
grade of the goods, and Buyer must specify in detail the basis of the
claim. Failure of Buyer to comply with these terms shall constitute
acceptance of the goods and a waiver of any claims for damages.
12. REQUIRED AUTHORIZATION FOR RETURN OF UNUSED GOODS. Goods may
be returned to Seller for credit only upon authorization issued by
Seller, at Seller's option, subject to a restocking charge.
Authorization may be sought by writing to1690 Brandywine Ave. Suite A Chula
Vista, CA 91911, or telephoning (619) 216-3400. All returned items
must be sent to Lyon's street address, 1690 Brandywine Ave. Suite A Chula Vista,
CA 91911, freight prepaid and no items returned will be accepted
unless in a new, unused condition. No obsolete products may be
returned. No special item of manufacturer may be returned to Seller
for credit.
13.1 GOODS ARE OFFERED AS IS AND WITH ALL FAULTS. THE ENTIRE RISK AS
TO THE QUALITY AND PERFORMANCE OF THE GOODS IS WITH BUYER. SHOULD THE
GOODS PROVE DEFECTIVE FOLLOWING THEIR PURCHASE, THE BUYER, AND NOT
THE MANUFACTURER OR SELLER, ASSUMES THE ENTIRE COST OF ALL SERVICING
REPAIRS, BUYER UNDERSTANDS THAT ALL EXPRESSED AND IMPLIED WARRANTIES
ARE EXCLUDED FROM THIS SALE, EXCEPTING ONLY AS SPECIFIED IN SECTION
20 BELOW.
13.2 Some States Do Not Allow Limitations On How Long An Implied Warranty Lasts Or Exclusions Or Limitations Of Incidental Or Consequential Damages, So The Above Limitation May Not Apply To You. The Limited Warranty Contained Herein Gives You Specific Legal Rights, And You May Have Other Rights Which Vary From State To State.
14. Disclaimer Of Warranty Of Merchantability And Fitness. No Warranty Of Merchantability Or Fitness For Intended Or Particular Purpose Is Implied In This Sale. Buyer Understands And Agrees That Seller Expressly Refuses To Guarantee That The Goods Are Merchantable Or Fit For The Ordinary Purposes For Which Such Goods Are Used.
15. AUTHORITY OF SELLER'S AGENT. No agent, employee, or
representative of the Seller has any authority to bind the Seller to
any affirmation, representation, or warranty concerning the goods
sold under this agreement, unless specifically included in
writing.
16. REMEDIES. Buyer and Seller shall have all remedies afforded
each by the California Commercial Code.
17. APPLICABLE LAW. The sale and any disputes arising hereunder
shall be governed by the laws of the State of California. All
disputes shall be resolved by courts in the County of San Diego,
California, U.S.A.
18. ATTORNEY'S FEES. In the event of any dispute with respect to
this sale or agreement, the party prevailing in any court resolution
of such dispute shall be entitled to recover from the other party all
reasonable attorney's fees and related costs.
19. ENTIRE AGREEMENT. This documentation, the order form and the
current price schedule contain the entire agreement between parties,
and they supersede all prior representations, agreements,
understanding, trade practices, proposals or contracts. The word
"products" and "goods" used herein mean one and the same thing.
20. LIMITED WARRANTY.
20.1 Certain products are purchased by Lyon Technologies,
Inc., (Lyon) from other manufacturers, for resale as purchased. The
warranty on such products is as provided by the other manufacturer,
which warranty is assigned by Lyon to Buyer.
20.2 As to any products manufactured by Lyon, Lyon warrants its
products to be free from defects in material and workmanship for a
period of ninety (90) days after the date of purchase by the first
user of the products. Within the warranty period, Lyon will repair or
replace, at its option, subject to Buyer's receiving from Lyon an
authorization for return of the products which are returned to Lyon
with shipping charges prepaid, and are determined to be defective
upon examination by Lyon. This warranty will not apply to any product
which has been subject to alteration, misuse, abuse, rough handling,
negligence, accident or other circumstances beyond the control of
Lyon.