These Terms of Sale applies to all Sequoia Scientific, Inc. (“SEQUOIA”) products (“Products”). Any additional or different terms of sale, including any terms in any purchase order, will be of no effect unless agreed to in writing by an authorized representative of SEQUOIA as reflected in a written SEQUOIA quotation.
- All orders for Products require a written purchase order to be received by SEQUOIA prior to delivery.
- Orders for accessories and service charges (SS-AC and SS-SV items on the price list) will be accepted via phone if a valid credit card is presented upon time of ordering or if a written purchase order is subsequently received via fax, e-mail or post.
- Because the Products are manufactured in small quantities and for very specific applications, SEQUOIA will impose and invoice a cancellation fee equal to 20% of the value of any canceled purchase order or portion thereof.
- Unused Products returned pre-paid to SEQUOIA in their original packaging within 2 weeks of receipt by customer will be restocked by SEQUOIA for a restocking fee equal to 50% of the original purchase order.
- Unless otherwise stated all prices are EXW Factory (Bellevue, WA), subject to change without notice.
- Delivery of the Product(s) is subject to SEQUOIA’s availability schedule. SEQUOIA shall use its best efforts to meet the delivery dates as stated in its sales order acknowledgement.
- Custom software and firmware must be pre-paid 100% prior to delivery.
- Some Products are available for rent on a first-come, first-serve basis. Rental availability is guaranteed only upon receipt of a purchase order or valid credit card.
- Rental Products must be pre-paid by at least one month’s full rental fee prior to delivery of the rental Product. Subsequent uninterrupted rental use of the same Product with the same serial number is invoiced on a month-by-month basis.
- SEQUOIA may change the construction or design of the Products without notice to the Customer so long as the function and performance of the Products are not materially or adversely changed
- Shipment of the products and technical data outside the USA or the country to which the products were originally shipped by SEQUOIA may be regulated by the U.S. Departments of Commerce and Customs or the government of the country in which the products are located. Customer shall be responsible for obtaining any necessary export licenses and for compliance with all applicable laws and regulations.
- Customer agrees to pay for products net 30 days from date of invoice, unless otherwise specified. SEQUOIA reserves the right to cancel this order if Customer’s financial creditworthiness fails to meet commercially acceptable standards or if Customer is delinquent on any other amounts owed to SEQUOIA.
- The Product remains the property of SEQUOIA until the invoice has been paid in full.
- Overdue payments shall be charged interest at the rate of 18% per annum or the maximum permitted by law. If SEQUOIA finds it necessary to retain a collection agency or attorney to collect overdue payments, all reasonable collection costs, including attorney’s fees, shall be payable by Customer. Customer hereby grants to SEQUOIA a security interest in the Products for recovery of the purchase price and collection costs upon Customer’s default. For security purposes only, SEQUOIA retains title to such products and retains the right to enter upon Customer’s premises and take back such products until Customer has paid for the products in full.
- The Customer shall keep confidential all proprietary information furnished or disclosed to the Customer by SEQUOIA and shall not use such proprietary information for any purpose other than the maintenance, repair or operation of the Products. Upon cancellation of this order or return of the Products, Customer shall return to SEQUOIA all such proprietary information. SEQUOIA retains all its rights, title and interest in its proprietary software contained in the Products, except that purchase or transfer of the Products includes a license to use the software contained therein. Except as expressly allowed by applicable law, Customer shall not copy, trace, disassemble, reverse engineer or otherwise modify or analyze such software nor cause or permit any other party to do so, or transfer this license except as appurtenant to the transfer of the Products in which the software is contained.
Revised: May 2012