Terms and Conditions of Abbess Quotes and Proposals

Payment Terms

Domestic Shipments
Overseas Shipments

Shipping
Export Compliance
Tax

1. 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. When applicable under Abbess’s Payment Terms shipment times are estimated from the time that both the initial payment is received and the Final Design Approval is signed and returned to Abbess, whichever is later.

Depending on the Payment Terms, it is estimated that shipment can be made 0-1 weeks AFTER (a) receipt of the order, or (b) receipt of both initial payment, and signed Design Approval.


2. Prices are generally guaranteed for 30 days.

This proposal is a revocable offer made by Abbess Instruments.


3. Payment Terms

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Abbess Instruments typically delivers two types of equipment – off the shelf standard products, and custom or customized products. Payment terms are as follows:

Domestic Shipments

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Standard Products $1,000 or under:
Payment with order (credit card, EFT, or check)

Standard products over $1000:
Pending credit approval – Payment with order, Net 15 or Net 30. Payment terms beyond Net 30 will be subject to an additional fee.

Custom/Customized Products:
Pending credit approval …

a) 50% at the time of design approval

b) Balance – same as “Standard products over $1000:

c) Systems requiring custom design or modifications will receive a Design Drawing Package for review by the customer. Material will not be purchased and no manufacturing work will begin until both the initial payment is received and the Final Design Approval is signed and returned to Abbess.

Overseas Shipments
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All payments to be made in US dollars.

All Standard Products:
Payment with order (credit card, or EFT, or check (Canada only))

Custom/Customized Products:
a) 50% at time of Design Approval

b) Balance due before shipping

c) Note: Any export license fees are due WITH the order. These fees are payable whether or not a license is issued by the appropriate US licensing authority.

d) Systems requiring custom design or modifications will receive a Design Drawing Package for review by the customer. Material will not be purchased and no manufacturing work will begin until both the initial payment is received and the Final Design Approval is signed and returned to Abbess.

e) On orders to sites outside the US all customs, shipping, export documents, any additional fees and other requirements are the customer’s responsibility

Abbess Instruments takes all major credit cards.


4. Abbess Instruments reserves the right to ship and invoice partial orders.


5. All prices quoted are FOB Origin (domestic) or ExWorks (international).  They do NOT include crating, shipping or insurance charges unless noted.


6. Shipping

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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 ride truck or air unless specified otherwise by the customer. If a customer chooses to ship another mode of shipping the customer must take full responsibility, in writing, for any damage incurred in shipping. Abbess reserves the right to void a warranty if we advise that a mode of shipping is not prudent. Under no circumstances will we warranty a product that has been shipped via ocean.

Customer may provide shipping account number or preferred shipper to Abbess Instruments.  Accurate shipping cost estimates (max qty of 2) 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.


7. 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.


8. 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.


9. 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.

10. 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.


11. 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.


12. 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 on our website or by request.


13. Any order between Abbess Instruments and Buyer shall be construed and governed by the laws of the Commonwealth of Massachusetts and venue in any litigation pursuant to subject order shall be within the Commonwealth of Massachusetts.


14. 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.


15. 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.


16. 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.


17. Export Compliance

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Some items are controlled by the US Dept of Sate under ITAR (International Traffic in Arms Regulation) or require US Commerce Dept. license (under 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.

Please e-mail us a completed BIS-711 form so that we can screen for licensing requirements.


18. Tax

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Abbess Instruments collects sales/excise/use tax on all shipments to MA and CA unless a tax exempt certificate is provided by the customer to Abbess.