Contract

Any acceptance by the Company of the Buyer’s order is expressly made, conditional on the Buyer’s assent to any additional or different terms contained herein. All orders are received subject to acceptance and may be accepted only at the Company’s headquarters.

Taxes

The Company’s prices do not include any applicable sales, use, excise or similar taxes; and the amount of any such tax which the Company may be required to pay or collect will be added to each invoice unless the Buyer has furnished the Company with an appropriate tax exemption certificate acceptable to the taxing authorities.

Terms

All descriptions, quotations, proposals, offers, acknowledgments, acceptances and sales of Seller's products are subject to and shall be governed exclusively by the terms and conditions stated herein. Terms are:  Invoice due upon presentation. Amounts more than 10 days past due are subject to a service charge of 1 1/2 percent per month (or fractions thereof). If the Company deems that, by reason of the financial condition of the Buyer or otherwise, the continuance of production or shipment on the terms specified herein is not justified, the Company may require full or partial payment in advance. Certain orders may, because of their nature or the delivery involved, requires progress payments.

Delivery

Shipping dates given by the Company are approximate and are based on prompt receipt of all necessary information regarding the order. The Company will make its best efforts to meet the scheduled date, but cannot be held responsible for its failure to do so for causes beyond its reasonable control and in no event shall it be liable for any loss or damage resulting from its failure to deliver.

Warranty-Product

Except as otherwise provided herein, all new apparatus sold by the Company is warranted to be free from defects in material and workmanship to the original Buyer for 12 months from the date of shipment by the Company. If within this period the Company receives from the Buyer written notice of any alleged defect in any such apparatus and if the apparatus is found not to be in conformity with this warranty (the Buyer having provided the Company a reasonable opportunity to perform any appropriate tests thereon), the Company will, at its option and expense, either repair the same or supply a replacement therefor. This warranty shall not apply to any product or part which has been subject to misuse, negligence or accident. Apparatus sold but not manufactured by the Company will be warranted as to defects in material and workmanship consistent with the warranty policy of the original manufacturer of the apparatus.

Warranty-General

The Company’s liability under this warranty or any other warranty whether expressed or implied in law or fact shall be limited to the repair or replacement of defective material and workmanship and in no event shall it be liable for consequential or indirect damages.

Indemnity

The Buyer agrees to indemnify the Company and hold it harmless from and against any direct damage suffered or liability incurred on account of bodily injury to persons (including death) or damage or destruction of property whenever such loss or liability is directly due to bodily injury (including death) to any person or damage to any property occurring in the course of, and caused by, the act or omission of the Company in the performance of any work on the premises of the Buyer hereunder. This indemnity shall include attorney’s fees and settlements of claim or suit reasonable under the circumstances.

Regulatory Laws/Standards

The Company makes no promise or representation that its product will conform to any federal, state, or local laws, ordinances, regulations, codes, or standards, except as particularly specified and agreed upon between the Buyer and the Company. The Company’s prices do not include the cost of any related inspections or permits or inspection fees.

Design, Dimensions, Weight

We reserve the right to change designs without notice. The Buyer should use certified prints of construction where exact dimensions and weights are critical.

What type of custom engineering does your company provide?

Empire Magnetics Inc. has a long history of accepting technically challenging contracts. Our engineering expertise enables us to provide our customers with excellent service and cooperation that satisfies the most demanding of jobs. However, a custom product requires significant design and engineering labor, and therefore is priced accordingly. Please contact the factory for further information.