TERMS AND CONDITIONS OF SALE APPLYING TO PRODUCTS SOLD
BY PRIME TECHNOLOGIES, INC.

Prime Technologies, Inc.. is referred to herein as “PTI”. The customer purchasing goods or services from PTI is referred to herein as the “Customer”. The Customer’s acceptance of the goods or services provided by PTI shall manifest the Customer’s assent to the following terms and conditions. However, PTI reserves the right, in its sole discretion, to refuse any purchase order submitted by the Customer.
1. Record Keeping – PTI maintains records of calibration and repair services, in addition to all calibration related products purchased on our website.
2. Pricing & Availability – Pricing and availability for products listed on our website are subject to change or discontinuation at anytime without prior notice. The price on the date you place the order is the price you pay for the product. Sales tax will be billed additionally if applicable.
3. Terms of Payment –All payments will be in US Dollars. Any and all foreign tariffs and taxes will be included in the final pricing. Invoices are due and payable in full within thirty (30) days from their date for customers who set up accounts, unless other terms have been agreed to in writing by PTI. Finance charges at the rate of 2% monthly may be added at PTI s option to any invoice not paid when due. Prices stated in the invoices are subject to correction for errors unless otherwise noted. Visa / MasterCard credit card charges are acceptable, and will be processed directly by PTI. Furthermore, once the charge has been approved and accepted, PTI will process the order to ship the Customers purchased products.
4. Sales and Similar Taxes - Unless otherwise stated, PTI’s prices do not include sales, use, excise, or similar taxes. Consequently, the amount of any present or future sale, use, excise or other tax applicable to the sale of the products hereunder shall be paid by the Customer in addition to the invoice amounts based on the laws of the state or country in which the Customer operates.
5. Transportation and Risk of Loss - Unless otherwise stated by PTI, delivery of products hereunder shall be f.o.b. point of shipment, and transportation expenses shall be paid by the Customer. Title to the products, right to possession, and risk of loss pass to the Customer at the point of shipment even if (a) the carrier is selected by PTI or (b) prices are quoted f.o.b. destination, c.o.d., or in any other manner.
6. Warranty - PTI warrants all products to be free from defects in material or workmanship under normal use and service for a period of sixty (60) days from the date of shipment to the Customer. Expendable items such as fuses, batteries, test leads, and carrying cases are not warranted. Under no circumstances will PTI warrant products beyond the original manufacturers warranty. All software products will be warranted by the specific software manufacturer of that product and support for that product can be purchased from the manufacturer.
7. Limitation of Warranty and Liability - The liability of PTI (except as to title) shall in no case exceed the cost of correcting defects in products and shall not extend beyond sixty (60) days from date of shipment. All claims for defective products under this warranty must be made in writing immediately upon discovery. PTI assumes no liability for the consequences of misuse of products by the Customer.
THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. Any references by PTI to the Customer’s specifications and similar requirements are only to describe products, and no representations or other terms therein shall have any force or effect. Catalogs, circulars, and similar literature of PTI are issued for general information purposes only and shall not be deemed to modify the provisions hereof.
The foregoing is PTI’s only obligation and the Customer’s only remedy for breach of warranty. Except for gross negligence, willful misconduct, and remedies permitted under any other clause of these Terms and Conditions, the foregoing is the Customer’s only remedy hereunder by way of breach of contract, negligence or other tort, or otherwise. In no event shall the Customer be entitled to incidental, special, or consequential damages. PTI does not authorize any agent or representative to warrant product fitness for any particular use or to make any other warranty, express or implied, or to assume any liability, except as set forth herein.
8. Patents - The Customer shall hold PTI harmless against any expense or loss resulting from infringement of patents or trademarks arising from compliance with the Customer’s designs, specifications, instructions, or use of products by customer PTI does not convey any license, by implication, or otherwise, under patent claims covering combinations of said products with other devices or elements.
9. Discrepancies in Shipment and Damage to Merchandise - Products distributed by PTI are carefully packed and thoroughly inspected before leaving PTI‘s facility in West Chester, Pennsylvania. Any claim for discrepancies will be honored only if reported within ten (10) days from receipt of shipment.
Responsibility for safe delivery of products is assumed by the carrier upon its acceptance of the shipment. Consequently, claims for loss or damage sustained in transit must therefore be filed with the carrier as follows: written requests for inspection by the carrier’s agent should be made within ten (10) days of the delivery date when concealed loss or damage is discovered. Concealed loss or damage means loss or damage which is not apparent until merchandise is unpacked; contents may be damaged in transit due to rough handling even though packaging may not show external damage. As to visible loss or damage, any external evidence of loss or damage must be noted on the freight bill or express receipt, and such document should be signed by the carrier’s agent at the time of delivery. The Customer’s failure to adequately describe such external evidence of loss or damage may result in the carrier’s refusing to honor a damage claim. The carrier will supply a form for filing such a claim.
10. Return of Items - Authorization must be obtained from our Customer Service department before returning items for any reason. When requesting a return authorization, the customer must advise the reason for the return, date of purchase, your organization’s P.O. number or credit card details used to purchase, as well as the PTI invoice number. Return authorizations will be granted only if all of the following conditions are met: 1) product being returned has not been used or altered in any way; 2) all accessories and packaging are undamaged, unused, and with the unit; 3) the request for return authorization is within thirty (30) calendar days of the invoice date; 4) the request for return is not for a special order item. All returns will be subject to a minimum 15% restocking fee, and subject to the specific terms as specified by the manufacturer of the product for return.
11. Acceptance of Terms and Condition - Acceptance of the terms and conditions herein is an essential prerequisite to any contract of sale made by the seller. No condition stated by the Customer in its offer or acceptance shall be binding upon the seller if in conflict with, inconsistent with, or in addition to the terms and conditions contained herein. Acceptance of any good manufactured and delivered hereunder shall constitute purchaser’s agreement to said terms and conditions.
12. Miscellaneous - This Agreement shall be construed and interpreted under the laws of the State of Pennsylvania. The parties hereby consent to the jurisdiction of the courts of the State of Pennsylvania and agree that venue shall lie in Chester County. The invalidity in whole or in part of any provision hereof shall not affect the validity of any other provision.

All products will be inspected in accordance with PTI’s registered Quality System. A copy of our Quality Manual is available for review at the customer’s request.

For more information or questions, please contact us:
Phone: 1-800-440-7510
Fax: 1-610-436-9097
E-mail: Sales@PrimeTechPa.Com