GENERAL SALES CONDITIONS

Excepting specific conditions clearly indicated in any contract, all orders received will be fulfilled on the strict understanding that the following General Sales Conditions are applied.

• Return Policy:
  No returns will be accepted without prior written consent of TECHNOMARK in the form of a Return Authorization Notice with a corresponding RGA number.
  Defective or damaged products must be reported to TECHNOMARK within ten (10) days of product shipment (based on tracking number or BOL). As a standard, shipments are EXW., Conroe, TX : as a result, Technomark is not obligated to replace or repair any equipment damaged during the shipment.
• Return Procedure:
  Products returned must be current, standard, unused, and in original packaging. Used styluses and used/dirty wearing parts will not be accepted.
  Returns of standard product, where a replacement order does not accompany the return, but a credit is issued, are subject to a handling & restocking fee of 25% of the invoice price.
  Credit is issued once products have been received and inspected by TECHNOMARK and found to be without damage and in new, saleable condition.
  Special products & tooling provided by TECHNOMARK are exempt from this policy and may not be returned.
• Warranty:All returns to TECHNOMARK shall be received freight prepaid. No Collect returns will be accepted. If the return is considered a warranty repair, the freight cost will be credited to the customer’s account. Only standard freight costs will be credited. Any express or overnight returns will be returned to the customer by standard service, freight prepaid.TECHNOMARK will repair or if necessary, replace free of charge any parts manufactured or supplied by us that are proven to our reasonable satisfaction to be defective due to faulty design, materials, or workmanship within 12 months from the date of invoice. Technomark’s liability shall not extend to normal operational wear and tear, or parts defined as “wearing parts” (head cables, marking stylus, springs, nosepieces, fuses, keyboards, as well as lithium battery discharged due to non-charging cycle for a several months).

  TECHNOMARK’s WARRANTY IS, TO THE EXTENT PERMITTED BY LAW, IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY PRIOR WRITTEN OR ORAL REPRESENTATIONS REGARDING SUCH PRODUCTS MADE BY TECHNOMARK, IT’S EMPLOYEES, AGENTS OR REPRESENTATIVES.

  LIMITATION OF TECHNOMARK’s LIABILITY: in no event shall Technomark be responsible or liable to buyer for any loss of use, revenue or anticipated profits, or for any incidental, consequential, indirect, special, contingent, exemplary, or punitive damages in connection with any breach of warranty or other breach of Technomark’s obligations under or in any way related to the purchase, even if Technomark has been advised by buyer of the possibility thereof.

  As a standard, Technomark will perform repairs in our Conroe, Texas facility. In the case of warranty repairs performed at our facility, all efforts will be made to repair and/or replace any or all defective components in an expedient manner. Technomark will determine the necessary parts to be replaced and will propose preventive replacement parts that customer can confirm or deny at the time of the estimate. Any part listed by Technomark as replaced on the estimate (in or out warranty) will have a 3 months warranty period (except wearing parts as defined above), in normal usage.

  TECHNOMARK assumes no liability for units with damage caused by Acts of God, including but not limited to fire, flood, storm, earthquake, lightning, etc. TECHNOMARK assumes no liability whatsoever to the customer for units or product damaged as a result of improper installation, insert of foreign matter due to unclean atmosphere, and particularly ungrounded electrical circuits, brownouts, or blackouts due to other equipment on electrical circuits or failure of electrical services, static discharge, etc.

  TECHNOMARK assumes no liability whatsoever to the client for repairs or alterations to the equipment without our written approval. In such case, Technomark’s products will lose its manufacturer’s warranty.

  TECHNOMARK reserves the right to charge for any travel and related expenses for service performed. Warranty forms will be sent by mail to the attention of the purchasing/contracting officer signing the purchase order. A duplicate form will be sent with the marking system. This form should be filled out in full and returned within fifteen (15) days of the date shown on the form. Failure to return the warranty form with in the fifteen (15) days will invalidate the machine warranty.

• Shipment of products:
  As a standard, all products will be shipped on basis EXW Technomark North America. Conroe, TX USA. Technomark takes ownership and liability for the goods until they are loaded onto the carrier at our facility. Any damage or loss during transit will not be Technomark’s responsibility. Technomark will not handle insurance claims. The buyer assumes ownership and liability for the goods once they leave our facility.

  If the client wishes Technomark to initiate the shipping process, it should indicate the specific freight carrier at the time of purchase. In the absence of clear indication (such as no indication, or simply “pre-paid”, or “best way”, TECHNOMARK will select its usual freight company. If insurance coverage is required, the customer must specify it clearly and the insurance cost will be added to the freight charges. The end user assumes full responsibility for the shipment as soon as it leaves our dock.

  If the buyer chooses not to request or to deny insurance, the buyer will assume ownership and liability for the goods once they leave our facility. Any damage or loss during transit becomes the buyer’s responsibility, and they are responsible for filing insurance claims if desired

• Payment & associated fees
  As standard, Technomark request pre-payment for all sales. Customer must apply for terms (see annex 3 & 4).
  If payment is not made within the terms defined, Technomark may apply late fees (2% of invoice value each overdue week) and/or hold any further product shipments.
  All credit card transactions will incur a processing fee of 3.5%.
  To assist in maintaining smooth transactions, we kindly ask that your Accounts Payable department be informed of any payments made using a corporate card, to avoid any disputes regarding payments.
• Governing law and jurisdiction
  The agreement is governed by the laws of Texas state. disputes should be resolved in Houston court of justice.