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| Shipping Disclaimer
The components of Abbess Vacuum Chamber Systems are, by their nature, delicate. Abbess Instruments strongly recommends that all systems containing electronics be shipped by air. Abbess cannot be responsible for components becoming loose or damaged during transit. We have found through our experiences that regardless of how well electronics are packed for shipping they are prone to damage. For that reason we will only ship systems containing vacuum components and electronics via air unless specified otherwise by the customer. If a customer chooses to ship another mode of travel the customer must take full responsibility for any damage incurred in shipping. |
| ABBESS SHIPPING POLICY Packaging Methods: Goods shipped by Abbess Instruments are delivered to the carrier in good condition. They are packed with great care using standard, approved packaging methods. Insurance: Unless specifically requested by the customer in writing, all equipment is shipped insured. If the customer chooses not to insure a shipment, the customer assumes full responsibility for the equipment. All equipment is shipped FOB origin (usually Holliston, MA) ... ownership and assumption of risk passes to the customer as soon as the equipment leaves Abbess’ facilities. If you receive damaged goods, please follow these steps immediately the damage is discovered:
Thank You For Your Cooperation. |
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TERMS AND CONDITIONS OF PROPOSAL Abbess Instruments requires 50% of the total price with the purchase order/invoiced upon receipt of the purchase order. Systems requiring custom design or modifications will receive a Design Drawing Package for review by the customer. Material
will not be purchased and no work will begin until both the initial payment is
received and the Final Design Approval is signed and returned to Abbess.
With credit approval, payment terms are Net 30 days from date of invoice. On international orders to sites outside the Shipment dates are based upon Abbess Instruments’ best judgment, and are subject to factory schedules, production limitations, and sub-component supplier availability and are not guaranteed. Estimated delivery times are calculated from the time that both the initial payment is received and the Final Design Approval is signed and returned to Abbess. Prices are guaranteed for 30 days. Abbess Instruments reserves the right to ship and invoice partial orders. This proposal is a revocable offer made by Abbess Instruments. All prices quoted are FOB Origin. They do not include crating, shipping or insurance charges unless noted. Customer may provide shipping account number or preferred shipper to Abbess Instruments. Accurate shipping cost estimates can be provided when final size and weight of equipment is known after manufacturing and assembly is complete. Some items require palleting and/or crating. If not already listed in a quote, these charges will be added to the final invoice. Foreign crating charges may be higher than domestic charges, depending on crating restrictions in the destination country. On orders to sites outside the Abbess Instruments takes all major credit cards. Export Compliance: This document contains technical data and/or specifies equipment that may be subject may be subject to controls under the International Traffic in Arms Regulations (ITAR) or U.S. Export Administration Regulations (EAR). No disclosure, export or release of this information or equipment may be made to any foreign national prior to obtaining necessary approvals of the U.S. Department of State Office of Defense Trade Controls or the U.S. Department of Commerce as necessary. Abbess Instruments shall be entitled to receive from the Buyer all costs and expenses reasonably incurred in the collection of any amount owing hereunder by the Buyer, including reasonable attorneys’ fees, collection fees and court cost in the event an action is filed for collection. Any delays in or any failure of performance by Abbess Instruments shall not constitute default or give rise to any claims for damages if and to the extent caused by acts of God, acts of the Buyer, acts, rules or regulations of government authority (civil or military, executive, legislative, judicial or otherwise), strike or other concerted acts of workmen, lockout, labor difficulties, fires, storms, accident, epidemics, war, riots, rebellion, sabotage, insurrection, difficulties or delays in public transportation or in public or postal delivery services, car shortage, fuel shortage, inability to obtain from Abbess Instruments' usual sources of supply, inability to obtain suitable or sufficient energy , labor, machinery, facilities, supplies or material, as and when required, or any other circumstances beyond Abbess Instruments’ reasonable control, whether of similar or dissimilar nature. Modifications may only be made as follows: - All changes/modifications must be confirmed in writing by the buyer. - Changes affecting the basic design of the equipment must be by mutual agreement - If changes are made which require Abbess Instruments to cancel orders, to rework materials or engineering, or incur scrap or other expenses, Abbess Instruments shall be paid the actual cost of these changes plus applicable overhead and normal profit. - Equipment may be added at any time before shipment if such additions are by mutual agreement and do not delay shipment. In addition to any other legal remedy, if Buyer fails to fulfill the terms of payment, Abbess Instruments may defer further performance of services hereunder and/or further delivery of good hereunder or may, at its option, cancel further performance of services hereunder and/or further delivery of goods hereunder. Abbess Instruments reserves the right prior to performing any services hereunder and/or making any shipments of goods hereunder to request from Buyer satisfactory security for performance of Buyer’s obligation hereunder. Shipping Disclaimer THERE ARE NO WARRANTIES, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. This refers to all warranties including, but not limited to, express warranties and implied warranties of merchantability and fitness for particular purpose. A copy of Abbess Instruments’ standard Warranty for defects in material and workmanship is available upon request. Any order between Abbess Instruments and Buyer shall be construed and governed by the laws of the All provisions oral or written agreements between the parties hereto which are contrary to or inconsistent with this proposal are hereby abrogated. It is understood that there are no agreements, guarantees or understanding which are in conflict with or inconsistent with this proposal. A purchase order covering the equipment specified herein shall be considered by both the Buyer and Abbess Instruments to be an acceptance of this proposal. If Buyer desires to change any of these Terms and Conditions the following must appear on the Purchase Order, “Notice: These Terms and Conditions differ from Abbess Instruments Standard Terms and Conditions.” The exceptions taken by Buyer must be listed following this mandated text. Failure to follow these procedures will result in Abbess replacing any of Buyer’s inconsistent terms and/or conditions with those detailed in these Terms and Conditions. If any of these terms and conditions are held to be invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provision(s) shall not in any way be affected or impaired thereby and the remaining provision(s) shall be fully enforceable. |
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STANDARD WARRANTY Abbess acrylic lids and acrylic vacuum chambers are designed to be robust, however due to the nature of acrylic, are not meant to withstand being dropped, having a point load placed of them or withstanding sharp blows. They are also prone to becoming scratched and abraded, especially when caustic samples are placed inside of the chamber or when solvents containing caustics or abrasives are used to clean the acrylic components of the chamber. For these reasons Abbess will only warranty these acrylic parts from defects in the workmanship and the material themselves, but not for any effects of mishandling or otherwise normal use that can be detrimental to acrylic. All Refrigeration/Cooling Units are warranted for ninety (90) days. The components of Abbess Vacuum Chamber Systems are, by their nature, delicate. Abbess Instruments strongly recommends that all systems containing electronics be shipped by air. Abbess cannot be responsible for components becoming loose or damaged during transit. We have found through our experiences that regardless of how well electronics are packed for shipping they are prone to damage. For that reason we will only ship systems containing vacuum components and electronics via air unless specified otherwise by the customer. If a customer chooses to ship another mode of travel the customer must take full responsibility, in writing, for any damage incurred in shipping. WARRANTIES
WILL BECOME VOID IF VACUUM CHAMBERS ARE KEPT IN AN ENVIRONMENT THAT
CAUSES CONTAMINATION TO THE CHAMBER AND ANY OPERATING DIFFICULTIES
CAUSED BY DIRT OR CONTAMINATION WILL NOT BE COVERED BY WARRANTY. THERE WILL BE A CHARGE FOR ALL REPAIRS MADE THAT ARE NOT, UNDER ABBESS JUDGMENT, MADE AS WARRANTY REPAIRS. |
ABBESS® business philosophy For general shop and welding purposes where the customer can provide complete, industry standard, engineering drawings (or something approaching thereof unless the project is so simple that the napkin will suffice), ABBESS will tender a fixed price and delivery bid. Developmental work is quite something else again. We define developmental work as that which comes to us as a gleam in the customer's eye and need in his pocket and perhaps a sketch on that napkin but short a set of professional engineering drawings for all parts needed. >From the school of hard knocks (none of which have been totally fatal - yet) we at ABBESS have learned that there is simply no substitute for developing a clear, concise, and written understnding before the fact of all expectations on both the customer's and our parts pertaining to any and all product development business transactions undertaken. Given the highly demanding, uncertain, and risky nature of the product development process or other R & D and the near impossibility of accurately estimating all the costs thereof, ABBESS will utilize one of following four modes of contract, depending upon the customer's needs and situation: a.. Contract labor billed by the hour: From our standpoint, this is the preferred method for R &D or product development effort. Using this mode there is no question as to the ownership of intellectual property rights, special tooling, documentation, etc. The customer retains ownership of all time product and material for which he/she has been billed and has paid. In the event of customer default on payment of contract terms, ABBESS shall retain all rights to intellectual property or materials which we have created or purchased on the customers behalf. ABBESS will keep a detailed daily labor time/action record and submit same with each month's billing. In this mode and all following modes an up front fee will be assessed that is due and payable prior to commencement of any work to cover the needed materials and special tooling and/or other incidental expenses that are anticipated during the first 30 days of the contract. b.. Fixed price, best effort basis: This is, in essence, a contract labor mode and all caveats above apply. The difference being that a mutually agreed upon upper contract limit for time, materials, and tooling has been negotiated between the customer and ABBESS prior to commencement of any work on the project. ABBESS will make every reasonable effort within its power to achieve contract goals within the dollar amount agreed upon, but, given the nature of the creative process, cannot and will not guarantee a completed project within the price limit established. There are always hidden alligators in every R & D or product development swamp. The best approach to this method is to arrive at a price that all parties believe the project could require and then multiply that price by a factor of three to arrive at a contract price. If the project comes in under that price then the customer pays only for the actual time, materials, and tooling expended. It is our experience that most developmental projects cost two to three times the original best guesses. Sorry folks, it just seems to work out that way, no matter how much experience we acquire at the guessing game. c.. Fixed price, equity position: ABBESS may consider taking on a product development project in exchange for a fixed price plus anticipated costs and a guaranteed (in writing) equity position in a promising entrepreneurial endeavor. This mode is highly dependent on our own financial situation at the time and our assessment of the marketability of the potential product (s) as well as our assessment of the customers managerial capabilities and astuteness. d.. Fixed price, fixed delivery: We take the firm position that this mode is no different, in essence, than when the customer picks up our catalog and orders a pre-existing item from that catalog and as such can have no expectations of gaining any intellectual property rights or copy rights associated therewith. When ABBESS must shoulder all risks inherent in the creative process we reserve all intellectual, material, and documentation copyrights and ownership to ourselves. This mode of contract will be entered into for R & D or product development only as a last resort as it is fraught with potential conflicts from top to bottom of both the human and legal kind. The up front estimated costs fee assuredly applies here as well. |
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