Terms and Conditions
Last Updated: June 25, 2024
Introduction
These Terms and Conditions of Sale (“Terms”) govern the sale of products and calibration services by F.D. Hurka Company DBA F.D. Hurka Metrology (“Seller”) to any individual or entity (“Buyer”). By placing an order with Seller, Buyer agrees to be bound by these Terms.
Definitions
Seller: F.D. Hurka Company DBA F.D. Hurka Metrology (hereinafter “FDH”), a company registered in North Carolina, with its principal place of business at 4731 Stockholm Ct. Charlotte, NC 28273.
Buyer: The individual or entity purchasing products or services from FDH.
Products: Precision measurement instruments and related products offered for sale by FDH.
Services: Calibration and other related services provided by FDH.
Orders
3.1. Order Acceptance: All orders are subject to acceptance by FDH. FDH reserves the right to reject any order for any reason.
3.2. Order Confirmation: Upon acceptance of an order, FDH will issue an order confirmation to Buyer, including details of the products and/or services ordered, prices, and estimated delivery dates.
3.3. Purchase Order Requirement: Buyer must provide a valid purchase order before any order is placed or work is performed by FDH.
3.4. Minimum Order: The minimum order amount is $35.00.
Prices and Payment
4.1. Prices: All prices are quoted in USD and are exclusive of taxes, shipping, and handling charges unless otherwise stated.
4.2. Payment Terms: Payment is due within 30 days from the date of the invoice unless otherwise agreed in writing by FDH. FDH reserves the right to require payment in advance.
4.3. Late Payment: Late payments are subject to a 1.5% per month late fee. Buyer shall be responsible for all costs of collection, including reasonable attorney fees, incurred by FDH in collecting any overdue amounts.
4.4. Establishment of Payment Terms: Buyer may establish specific payment terms by completing a customer application approved by FDH.
4.5. Sales and Use Tax: FDH will charge applicable sales and use tax on invoices unless a valid tax exemption certificate is on file with FDH. Buyer is responsible for complying with all applicable tax laws and regulations related to the purchase and use of the products.
Delivery and Risk of Loss
5.1. Delivery: Delivery dates provided by FDH are estimates only. FDH will use reasonable efforts to deliver products and services by the estimated delivery date but shall not be liable for any delays.
5.2. Risk of Loss: Risk of loss or damage to the products passes to Buyer upon delivery to the carrier.
5.3. Shipping Preferences: FDH prefers to ship under Buyer’s freight account. Please provide freight account details on the purchase order.
5.4. Packaging Requirements: Packages received must be clean and free of liquids and debris. A cleaning fee will be incurred if these conditions are not met. Please package responsibly and include a packing slip with each package.
Inspection and Acceptance
6.1. Inspection: Buyer shall inspect the products upon receipt and notify FDH of any defects or discrepancies within 5 business days.
6.2. Acceptance: If Buyer does not notify FDH within the inspection period, the products shall be deemed accepted.
Warranties
7.1. Product Warranty: FDH warrants that the products will be free from defects in material and workmanship for a period of 30 days from the date of service.
7.2. Service Warranty: FDH warrants that the services will be performed in a professional and workmanlike manner.
7.3. Exclusions: The warranties do not cover defects or damages resulting from improper use, maintenance, or repair by Buyer or third parties.
Limitation of Liability
8.1. Consequential Damages: FDH shall not be liable for any indirect, incidental, or consequential damages arising out of or related to the sale of products or services.
8.2. Total Liability: FDH’s total liability to Buyer for any claim arising out of or related to these Terms shall not exceed the amount paid by Buyer for the products or services that gave rise to the claim.
Returns and Refunds
9.1. Return Policy: Buyer must obtain a return authorization from FDH prior to returning any products.
9.2. Refunds: Refunds will be issued for the purchase price of the products, excluding shipping and handling charges, within 30 days of receipt and inspection of the returned products.
Intellectual Property
10.1. Ownership: All intellectual property rights in the products and services, including but not limited to patents, trademarks, and copyrights, remain the property of FDH.
10.2. Use of Intellectual Property: Buyer shall not use FDH’s intellectual property without prior written consent from FDH.
Confidentiality
11.1. Confidential Information: Buyer agrees to keep confidential all information provided by FDH that is designated as confidential or that ought to be considered confidential based on the nature of the information or the circumstances of its disclosure.
Governing Law and Dispute Resolution
12.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of North Carolina.
12.2. Dispute Resolution: Any disputes arising out of or related to these Terms shall be resolved through negotiation. If the dispute cannot be resolved through negotiation, it shall be submitted to mediation. If mediation fails, the dispute shall be resolved by binding arbitration in accordance with the rules of the North Carolina Dispute Resolution Commission.
Additional Terms
13.1. Storage: FDH provides limited storage for client equipment. Fees may apply for extended storage periods after 30 days. After 120 days, items will be considered abandoned and become the property of FDH, which may then be offered for sale.
13.2. Pricing, Turnaround, and Return Times: Turnaround times and pricing are estimates. FDH will strive to meet these estimates but cannot guarantee them and is not liable for any delays. FDH reserves the right to modify pricing quoted in error or where the requirements of work have necessitated a substantial change in manpower or equipment requirements.
13.3. Equipment Evaluation: FDH conducts detailed evaluations of client equipment. A fee may be charged for evaluation services, which will be communicated prior to commencement.
13.4. Repairs: Repair services are provided on a case-by-case basis. A detailed quote will be provided before any repair work begins.
13.5. Flat Rate Per Tool: Flat-rate pricing is available for specific services. Please contact FDH for more details on eligible services and rates.
13.6. Expedited Services: Expedited services are available at an additional cost. Clients should contact FDH to arrange for expedited service.
13.7. On-site Service and Pricing: On-site services are offered and priced based on the scope of work and travel requirements. A detailed quote will be provided upon request.
13.8. On-site Workflow: FDH follows a structured workflow for on-site services to ensure efficiency and quality. Customers will be briefed on the workflow prior to commencement. FDH requires the customer’s cooperation in providing the on-site technician(s) with an environmentally controlled area to perform calibrations and to stage instruments. This area must have proper lighting and electrical service as well as adequate space to set up equipment and computers.
13.9. On-site Calibration: On-site laboratory services adhere to strict protocols to maintain high service standards. When work is performed at a customer’s site, it is the customer’s responsibility to have instruments available for a steady workflow. The FDH technician does not disassemble or assemble gauges from machinery or provide maintenance and repair services when on-site for a scheduled calibration visit.
13.10. Unplanned Downtime:
By FDH: In the event of unplanned downtime by FDH, the client will be promptly notified, and services will be rescheduled at the earliest convenience.
By Customer: In the event of unplanned downtime by the customer, such as tools or equipment not being readily available for calibration, the site contact will be notified. The customer will be billed at a rate of $150 per hour, with a one-hour minimum charge, in addition to the agreed-upon calibration charge.
13.11. Cancellation of On-Site Service by Customer: If the Customer needs to cancel On-Site Services on the agreed date and time with the technician, they must provide at least one business day’s notice. If cancellation occurs on the same day as the agreed-upon date, a $500.00 charge will be added to the invoice for the calibration service.
13.12. Testing and Calibration Defaults: Unless specifically stated otherwise, the following defaults will be applied to testing and calibration work orders:
Calibration interval: 12 months.
Manufacturer’s specifications will apply when identifiable.
Calibration procedure hierarchy:
- Customer Directed
- FD Hurka Internal Procedure
- Manufacturer’s Procedure
- DoD Procedures
- Manufacturer’s Specifications
FD Hurka’s statement of conformity when provided is determined by Simple Acceptance, where acceptance limits are the same as the tolerance limit, as defined in ILACG8:09/2019 Guidelines on Decision Rules and Statements of Conformity. The test uncertainty ratio (TUR) shall be greater than 4:1 whenever attainable, although never less than 1:1 without customer approval.
All calibrations will be performed in-house or at a customer-approved site by qualified FD Hurka personnel unless prior customer approval of 3rd party services is provided.
Contact Information
For any questions or concerns regarding these Terms, please contact us at:
F.D. Hurka Company DBA F.D. Hurka Metrology
4731 Stockholm Ct.
Charlotte, NC 28273
Phone: 704-552-0008
Email: sales@fdhurka.com
By placing an order with FDH, Buyer acknowledges that they have read, understood, and agreed to these Terms and Conditions of Sale.
