Dakota Electronics, Inc. Terms and Conditions

Orders can be accepted or rejected in writing by Dakota Electronics, Inc. a Texas corporation. No terms or conditions expressed by the Purchaser will be valid, unless accepted by Dakota Electronics, Inc. in writing. This order and sale of the products covered (“Products”) are subject to the following terms and conditions:

Shipment:

All list prices are F.O.B. Dakota Electronics, Inc. facility, any charges such as city, state, federal taxes, freight, handling, and other similar charges are the sole responsibility of the Purchaser

Risk of Loss:

All Products are shipped at Purchaser’s risk, and Dakota Electronics, Inc. responsibility for damage to Products ceases when the Products are delivered to the carrier.

Title:

Dakota Electronics, Inc. retentions a total vested interest in the Product until the total of said product has been paid in full. Purchaser agrees to provide any financial statements or other documents as Dakota Electronics, Inc. may request in order to protect Dakota Electronics, Inc. security interest. If a Purchaser defaults Dakota Electronics, Inc. will have all rights and resources of a secured party under the Uniform Commercial Code, which rights and resources shall be cumulative of any other common law or statutory rights Dakota Electronics, Inc. may have.

Delivery:

Dakota Electronics, Inc. will not be liable for any failure, delay, or in the delivery or shipment of Products, or any damages suffered by Purchaser. When such failure or delay is, directly or indirectly, caused by or in any manner arises from, fires, floods, accidents, riots, acts of God, war, governmental interference, or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials, supplies, or transportation, delays in deliveries by Dakota Electronics, Inc. suppliers or any other cause which is beyond its control.

Payment:

In the event payments are not made timely, Dakota Electronics, Inc. has the right to:

• Terminate any other orders for default
• Withhold future shipments under any order until delinquent payments are made
• Deliver future shipments under any order on a C.O.D. or cash in advance
• Charge interest on the delinquency at a rate 2% per month or the maximum rate permitted by law.

Returns:

All Product will be deemed accepted by the Purchaser unless damaged or defective upon receipt, you then have 30 days from delivery to return the product/s

All damage or defective tooling must be reported to Dakota Electronics Inc within 10 days of receipt. 

Claims for shortages must be made to Dakota Electronics, Inc. in writing within 10 days from receipt of the product.

All returns that do not fall under the category of damaged or defective goods are subject to a restocking fee.

All returns that fall under damaged or defective, Dakota Electronics Inc reserves the right to have said product replaced. If a replacement is not available, Dakota Electronic Inc reserves the right to have said product repaired or overhauled. If this option is not available a return/refund will be issued for said product.

Returns will not be accepted without an RMA number from Dakota Electronics, Inc.

Encroachments:

Dakota Electronics, Inc. has no obligation to exempt Purchaser against claims of infringement of any patent, trademark, copyright, trade secret, or other proprietary right or information except to the extent Dakota Electronics, Inc. has received the written exemption of it supplier in the event of such claims being made against such supplier’s products.

Suitable Recommendation:

Tooling recommended by Dakota Electronics, Inc. may or may not cover a user’s intended requirements. It is the sole responsibility of the Purchaser and or the end-user to verify suitability for the required application.

Certified Tests/Calibration:

Unless dually noted, qualification test and or Certification of Calibration or any test data are not included in the selling price. Qualification tests and or Certification of Calibration may be performed by an outside source and test data and or Certification of Calibration supplied at the specific request and sole expense of the Purchaser.

Resale Limitations:

Any or all of the Products can be subject to export or resale restrictions or regulations or restrictions if the application requires. It is the sole responsibility of the purchaser to determine what the applicable requirements may be and to obtain all the necessary authorizations, licenses, or approvals when exporting the product. Of products that have been imported. Country or origin information as is provided to Dakota Electronics, Inc. by its suppliers only where applicable, located on the Products themselves or the suppliers packaging.

Controlling Law:

The construction, interpretation, and performance of any agreements entered into and all transactions under such agreements shall be governed by the laws of the State of Texas.

Venue:

Williamson County Texas shall be the proper venue for any actions arising out of or because of the breach of any agreement entered to with Dakota Electronics, Inc.

Attorney’s Fees:

If Dakota Electronics, Inc. has to initiate legal action to collect any monies owed under contract or should Dakota Electronics, Inc. be sued by Purchaser under any contract, then if Dakota Electronics, Inc. prevails in whole or in part, Purchaser agrees to pay Dakota Electronics, Inc. pay Dakota Electronics, Inc. attorney’s fees and all other related cost and expense.

Severability:

If any provision hereof is held by a court of law to be illegal or unenforceable, the remaining provisions shall remain if full force an effect. In lieu of such illegal or unenforceable provision, there shall be added automatically as a part hereof a provision as similar in terms to such illegal and unenforceable provision as may be possible, and be legal an enforceable.

 

Limited Warranty:

Dakota Electronics Inc makes no claims except of those of a stocking distributor. We may or may not be franchised and will not represent Dakota Electronics Inc as such. As a stocking distributor, any liability and or warranty will revert to that of the original manufacturer of the product. Any used products provide by Dakota Electronics, Inc. will be tested for function ability; the tool may be worn from use and or engraved. Dakota Electronics, Inc. will offer a 30-day warranty if the tool will not meet calibration specification, Dakota Electronics, Inc. does not calibrate any tooling but guarantees the tool to pass the required calibration, set forth for such tooling.

Limitation of Liability:

Anything to the contrary contained herein notwithstanding, Dakota Electronics, Inc. shall have no liability or obligation to Purchaser or any other person for any claim, loss, damage, or expense of any kind caused in whole or in part, directly or indirectly, by the inadequacy of any Product for any purpose, deficiency, or defect of any Products whether or not coved by any warranty, the use or performance of any Products, any interruption or loss of service, delay in shipment, or any special, direct, indirect, incidental, or consequential damage, however, caused and including, without limitation, personal injury or loss of business or profit or other damage, whether or not Purchaser shall have informed Dakota Electronics, Inc. of the possibility or likelihood of such or any other damages. Purchaser agrees to indemnify and hold Dakota Electronics, Inc. harmless from any and all liability, loss, costs, or damages described in the preceding sentence (except for the sole and exclusive remedy set forth in the in the foregoing paragraph) and from claims by any party (including, without limitation, claims by Purchaser’s customers, insurers, employees, contractors, subcontractors or agents, or their respective employees and workers compensation insurers) for personal injuries or death or damage to property ( tangible or intangible) arising out of the existence or use of the Products or any defect in the Products, whether or not such liability, loss, cost, damage, or claim is occasioned in whole or in part by any actual or alleged act or omission of Dakota Electronics, Inc. its representatives, employees, subcontractor, vendors or suppliers, or by any defect in the Products whether or not it is contended that Dakota Electronics, Inc. contributed thereto in whole or in part or was responsible therefore by reason of a no delegable duty.