Terms: These general Terms and Conditions and the specific terms found in the Confirmation of Order (collectively “Terms”) apply to all Advanced Calibration (“Ad-Tek”) sales and service orders and take precedence over and supersede any terms and conditions which appear in Customer’s order, Customer’s confirmation or in any other documents incorporated by reference by Customer. No term or condition of Customer’s order additional to, or different from, these Terms shall become part of the contract unless explicitly agreed to in writing by Ad-Tek.

• Domestic Orders: Net 30 days, FOB shipping point, subject to prior credit approval.
• Export Orders: All payments shall be in US dollars by an acceptable irrevocable Letter of Credit or wire transfer.

Interest will accrue at 1.5% per month on unpaid balances after 30 days (18% APR) in addition to  a $25.00 monthly handling fee or, if lower, the maximum amount permitted by law. Ad-Tek accepts MasterCard, Visa, and American Express for all orders. Ad-Tek extends a 3% discount for payments made by check or pre-approved direct deposit. The invoice amount will reflect any discounts given.  Customer shall be responsible for all costs of collection including reasonable attorney’s fees and court costs.

Pricing:  All illustrations, specifications, and prices in our sales literature and on our website are based on the latest information available at the time of publication and are subject to change without notice. Models may be changed, improved, or discontinued at any time at Ad-Tek’s sole discretion. Prices are exclusive of, and Customer shall pay, all applicable federal, state, and local taxes, duties, and levies including sales, use, excise, value-added, and similar taxes and charges imposed by any taxing authority (other than taxes imposed on Ad-Tek’s general income) related to Customer’s order. For international orders, the Customer shall pay all import and export and customs taxes, fees, and other similar charges.

Shipping/Delivery: Unless specified, Ad-Tek will determine the means of shipment. Shipping and handling fees are applied to all orders to compensate for packaging, shipping costs, and insurance. International orders require special handling fees to be calculated at the time of a quote or order, if available. Risk of loss for product, passes to the Customer upon tender to the carrier at the shipping point. Shipping dates are approximate and are based upon receiving all necessary information from Customer and Ad-Tek’s best estimate. Ad-Tek shall not be liable for failure or delays in manufacture or delivery due to causes beyond its control. In the event of a delay, the payment and delivery dates shall be deferred for a period equal to the time lost by reason of such delay. Ad-Tek shall, where feasible, promptly advise Customer of the occurrence of any delays, and the cause likely effect upon delivery. Title and right of possession to the products or shipments sold hereunder shall remain with Ad-Tek until Customer shall have made all payments hereunder (including deferred payments) in full.  Customer agrees to do all acts necessary to reflect and record such interest.

Claims: Except as otherwise specified in the Purchase Order, Items are shipped in new condition and packed to withstand normal shipping risks. The Customer is responsible for checking all packages for damage or loss before accepting any shipment. Any damage or loss apparent from the shipping container must be noted on the bill of lading and Ad-Tek must be notified by the Customer of the loss or damage within 5 business days of delivery. After 5 business days and in the absence of such notice, Customer is deemed to have accepted any shipment. Ad-Tek is not responsible for damaged or lost items that have been accepted by the Customer.

Returns: Equipment may not be returned to Ad-Tek without a Return Goods Authorization (RGA) number which may be obtained by contacting Ad-Tek at (503) 663.7265 or contacting sales@advancedcalibration.com.  RGAs must be requested within 30 days of the delivery date. All returns are subject to a minimum 15% restocking fee. Items must be in new, unused condition and must be sent back in the original packaging including all manuals, power cords, software, and options to be eligible for return credit. Customers are responsible for all shipping charges when returning an item. Returns sent COD will not be accepted. After Ad-Tek has received, inspected, and approved any returned items for a refund, a credit will be issued minus any applicable restocking fees, freight charges, and handling fees. Damage incurred during return shipment  is solely Customer’s responsibility. Please note: Certain items, such as cut-to-size items and other special order products, are not returnable.

Liability and Customer Indemnity: The use of products supplied by Ad-Tek may involve hazardous procedures and materials. Our descriptions of items do not promise to address all of the safety issues involved with their use. Ad-Tek will supply a Material Safety Data Sheet if supplied by the manufacturer.  However, the user is solely responsible for using these products in a safe and responsible manner as outlined in the appropriate published test procedures, operating instructions, warning labels, and applicable regulatory requirements. Ad-Tek is not liable for, and Customer assumes all risk of, any advice or failure to provide advice by Ad-Tek regarding the products or Customer’s use of the same. Ad-Tek is not responsible for any particular application made of any product. Customer agrees to indemnify and hold Ad-Tek harmless from and against any costs, losses, liabilities, and expenses (including reasonable attorney’s fees) arising out of third-party claims related to Customer’s use of Ad-Tek products.

Warranty: Ad-Tek warrants that products manufactured or assembled by it are suitable for the standard purpose for which they are designed. If the components or products are manufactured by a third-party, then that party and not Ad-Tek, shall be responsible for any defects in materials or workmanship. 

Ad-Tek’s warranty for products manufactured by it, or for its assembly of products manufactured from components supplied by others is a LIMITED WARRANTY that the products are free of defects in materials and workmanship and shall extend for a period of one (1) year from the date of the original shipment.  Any claim must be submitted within such period. This warranty excludes damage from, or repairs necessitated by, neglect, abuse, normal wear and tear, use of the equipment for other than its intended purpose or other than under normal operating conditions, alterations or modifications, repairs attempted by anyone other than Ad-Tek, and any failure to comply with installation, maintenance, or operating instructions supplied by Ad-Tek. Also excluded are damages caused by lightning strikes, floods, electrical supply irregularities, or other occurrences beyond Ad-Tek’s control. Before a claim may be allowed, Customer may be required to establish that the product has not been altered or modified and has been properly installed, maintained, and operated within the limits of rated and normal use. Products may not be returned to Ad-Tek for warranty repair or replacement without obtaining a Return Goods Authorization (RGA) number. If Ad-Tek determines in its sole discretion that the product is defective and is covered by this warranty, Ad-Tek’s sole obligation, and Customer’s sole and exclusive remedy, is the repair or replacement of the product by Ad-Tek in Ad-Tek’s discretion. Ad-Tek is not responsible for labor charges or other expenses associated with a repair of a defective item (e.g., to reinstall a repaired or replaced part).

 Third-Party Warranties: Manufacturer or Third-Party warranties covering parts and products sold hereunder are passed through to the Customer, when applicable. Where there is a warranty provided by a Manufacturer or Third-Party, Customer’s sole and exclusive remedy for any defect is that  warranty. This exclusive remedy shall not have failed of its essential purpose (as that term is used in the Uniform Commercial Code).  Customer specifically acknowledges that Ad-Tek’s price for the products sold hereunder is based, in part, upon the limitations of Ad-Tek’s liability, as set forth herein. These limitations of liability shall survive any finding that the exclusive remedy failed of its essential purpose.

Disclaimer: The foregoing warranty is in lieu of all other representations and warranties, express or implied, including without limitation warranties of merchantability or fitness for a particular purpose and non-infringement. Ad-Tek’s liability whether under these terms or otherwise relating to the sale or use of the products is limited to the amount received from the Customer. Under no circumstances shall Ad-Tek be liable for consequential, special, indirect, incidental, liquidated, or punitive damages.

Use of instruments, apparatus, and equipment described on this website may involve hazardous procedures and/or materials. Use may also be subject to regulatory limitations. Information on this website is not intended to address the many safety, legal, and regulatory issues associated with use. It is the responsibility of the user to:

1. Follow appropriate methods to ensure that industry standards are met for all safety and health issues resulting from use.
2. Determine applicability of all regulatory limitations prior to use.
3. Be familiar with all applicable test standards and test procedures.
4. Comply with all applicable Federal, State and Local laws and regulations relating to the use of such goods. Neither Ad-Tek nor other manufacturers of equipment sold by Ad-Tek can assume any liability express or implied for user’s failure to follow Industry standards for safety and health, or to comply with applicable regulatory limitations, standards, and procedures.

Service Terms.  Ad-Tek will provide the services referenced in the applicable Service Agreement, quotation or acknowledgment. Where no such agreement, quotation or acknowledgment applies, Ad-Tek will perform its standard services ordered by Customer. Ad-Tek will provide the services at its facility in Boring, Oregon, during normal business hours (excluding holidays), unless otherwise specified in the Service Agreement. Unless otherwise specified in the Service Agreement, Customer will be responsible for, and bear the risk of loss during, shipping Equipment both to and from the designated service center. If Ad-Tek arranges for the shipping, Ad-Tek will invoice Customer for a shipping and handling charge for all Equipment shipped covering freight, insurance and packaging.  Where service is supplied at the Customer’s site, Customer will provide Ad-Tek personnel with reasonable access to the equipment to be serviced. Customer will ensure that their personnel cooperate with Ad-Tek service personnel to the extent necessary to allow services to be performed efficiently and without interruption. For on-site services, Customer will allow Ad-Tek service personnel to use any Customer equipment or facilities that the Ad-Tek personnel reasonably deem necessary in order to perform the services.

CALIBRATION SERVICES

Scheduling.  Customer will advise Ad-Tek of calibration intervals for Customer’s equipment if different than the Manufacturer’s recommended calibration intervals. Ad-Tek will use the Manufacturer’s suggested interval or 12 months intervals for calibration services unless other intervals are specified by Customer.

Methods.  If no other calibration method is specified by the Customer, Ad-Tek will use manufacturer, military, internationally recognized industry standard (ASTM, NIST, OMIL, etc…), or Ad-Tek developed calibration standards and procedures.  The certificate of verification will be issued as a statement of fact that on the date of verification, the above instrument had an accuracy as indicated. The certificate should not be construed or regarded as a guarantee or warranty of any kind that the instrument will retain the same percentage of accuracy determined on the date when the verification was performed and reported. Ad-Tek, Inc. expressly disclaims any and all liability for damage or loss by all parties arising or resulting from deterioration, obsolescence, malfunction, subsequent calibration performed by another agency or substandard performance of said instrument.

For Instruments Found “Limited”, “Out of Tolerance” or “Defective”, Ad-Tek will advise Customer regarding the equipment’s condition. Ad-Tek will proceed upon receipt of Customer’s approval. Instruments received by Ad-Tek for Calibration and found to need repair, shall incur the calibration charge in addition to applicable evaluation and/or repair charges.

 

Governing Law: This sale and these Terms are governed by the laws of the State of Oregon, without regard to choice of law rules. The parties agree that certain material events, occurrences, and transactions relating to the sale of the products bear a reasonable relationship to the State of Oregon. The State and Federal district courts located in Portland, Oregon shall have exclusive jurisdiction and venue in any action or proceeding arising out of or relating to this sale or these Terms. The parties hereto irrevocably consent to the exclusive personal jurisdiction of such courts and to such venue and expressly waive any right to a trial by jury. For international sales, the parties hereby agree that the United Nations Convention on the International Sale of Goods does not apply to this sale or these Terms. Ad-Tek shall be entitled to recover its fees and costs (including attorney’s fees) in collecting any amounts due from Customer.

Arbitration and Attorney Fees: Any dispute or claim that arises out of, or that relates to, this agreement, or to the interpretation or breach thereof, or to the existence, validity, or scope of this agreement or the arbitration agreement, shall be resolved by arbitration in accordance with the then effective arbitration rules of (and by filing a claim with) Arbitration Service of Portland, Inc., and judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. In the event suit or action is brought, or an arbitration proceeding is initiated, to enforce or interpret any of the provisions of this agreement, or that arise out of or relate to this agreement, the prevailing party shall be entitled to reasonable attorney fees in connection therewith.  The determination of who is the prevailing party and the amount of reasonable attorney fees to be paid to the prevailing party shall be decided by the arbitrator(s) (with respect to attorney fees incurred prior to and during the arbitration proceedings) and by the court or courts, including any appellate court, in which such matter is tried, heard, or decided, including a court that hears a request to compel or enjoin arbitration or to stay litigation or that hears any exceptions or objections to, or requests to modify, correct or vacate, an arbitration award submitted to it for confirmation as a judgment (with respect to attorney fees incurred in such court proceedings).