Limited Warranty

Products Only

Ivson Group Ltd. (Ivson) warrants its products against defects in manufacturing if the products are used for the purpose for which they were manufactured and sold. Ivson will, at its option, repair or replace any of its products with a manufacturing defect. This warranty shall expire one year from the date of shipment. THIS WARRANTY IS IN LIEU OF ALL WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILIY FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXCLUDED. SPECIFICATIONS AND PRODUCT LITERATURE REFERRING TO, ATTACHED TO OR FURNISHED WITH PRODUCTS ARE DESCRIPTIVE ONLY AND SHALL NOT BE TREATED AS WARRANTIES. The purchaser or subsequent owner
or user’s sole and exclusive right or remedy shall be limited to the furnishing of replacements for products found defective by Ivson. No oral wavier or modification of this warranty shall have any affect whatsoever, regardless of by whom such wavier or modification is given.

This warranty is void if any modification is made on the warranted product, regardless of whether the modification causes or contributes to the alleged defect. All modifications are made at the risk of the party making the modification. Purchaser indemnifies and holds harmless from all claims or causes of action arising from modifications made to products that are not under the control of Ivson. If purchaser buys and resells the product, purchaser agrees to inform its customers that Ivson makes no express or implied warranties because of the modification. Ivson’s warranty is also void if product failure results from acts or omissions of persons other than Ivson, or from accident, acts of nature, abuse, misuse or misapplication of the product.

Customer Communication

For product information, inquiries & quotes, order or contract amendment handling customer feedback, customer complaints please contact Customer Service www..com

Terms and Conditions of Sale with Limitations of Remedy and Liability

1. The warranty provided above, or any warranty duly provided by Ivson, shall constitute the sole remedy of purchaser and any subsequent owner or user of the product; and shall be the sole liability of Ivson, whether in contract, tort, strict liability, under warranty or otherwise. In no event shall Ivson’s liability exceed the amount of the purchase price paid to Ivson by the purchaser for the allegedly defective product. Ivson shall not be liable under any circumstance for special, indirect or circumstantial damages, including loss of profit or production.

2. Purchaser and any subsequent owner of the product shall have no claim against Ivson for any labor, downtime or expenses of any kind arising from any Ivson default whatsoever, including delay shipment.

3. No agreements of sale or contract shall exist between Ivson and purchaser until accepted by Ivson. All such agreements shall be deemed to take place in Massachusetts, regardless of the origin or destination of the product.

4. Notwithstanding any term or condition imposed or set forth by purchaser’s documents or purchase order, Ivson objects and takes exception to any provision therein which conflicts with or is in addition to Ivson’s Terms and Conditions of Sale with Limitations of Remedy and Liability. Ivson’s performance of any purchase order is conditional upon the purchaser accepting all Ivson’s said terms, conditions and limitations. Failure of the purchaser to object to these Terms and Conditions of Sale with Limitations of Remedy and Liability within seven (7) days shall constitute full and final acceptance thereof by purchaser.

5. Purchaser agrees to notify all subsequent owners and users taking through purchaser of these Terms and Conditions of Sale with Limitations of Remedy and Liability and, failing to do so, shall indemnify and hold Ivson harmless from all claims or causes of action by such persons, which are applicable to, said terms, conditions and limitations.

6. No product shall be returned to Ivson without its prior permission. No cancellations or reschedules to open orders are permitted within factory lead-time.
Orders are to be scheduled for delivery within 12 months from order date.

7. Delivery schedules are subject to prior sale and circumstances in effect at the time the purchase order is accepted by Ivson. Ivson shall not be held responsible for delays in delivery due to strikes; work stoppages; fires; floods; accidents; inability to obtain materials, fuels or transportation; government edict; civil unrest or any other cause unavoidable or beyond the control of Ivson. Ivson shall not be liable for any damages or costs based upon late delivery including instances where Ivson has been informed in advance of the consequences.

8. Unless otherwise agreed by Ivson, all payments shall be in U.S. currency in immediate funds. Payment terms, unless otherwise agreed by Ivson, shall be as specified on Ivson’s invoices. All amounts remaining unpaid beyond said terms shall accrue interest at the rate of one and one-half (1-1/2) percent per month or the highest lawful interest rate, whichever is lesser, until paid in full.
Ivson’s prices are exclusive of sales, excise, use, occupation, value-added or any other taxes levied on sales transactions. Purchaser must pay all such applicable taxes unless it provides Ivson with a valid, current exemption certificate. Ivson shall have no obligation to contest or withhold such taxes on behalf of the purchaser.

9. Unless otherwise specified, all shipments are F.O.B. shipping point. Loading or special packaging charges shall be for the account of purchaser. Title to and possession of the product, including all risk of loss, shall pass to purchaser upon delivery to the carrier at the point of shipment.

10. Ivson retains a security interest in all products shipped to secure payment of the purchase price and all other amounts owed by purchaser to Ivson.Purchaser agrees to cooperate with Ivson in protecting this security interest.

11. Any and all indemnities for the benefit of Ivson hereunder shall include attorneys’ fees and costs, including third party and expert witness fees. Furthermore, purchaser shall reimburse Ivson for its costs and attorneys’ fees in collecting any sums owed by purchaser to Ivson, or for enforcing theseTerms and Conditions of Sale with Limitations of Remedy and Liability.