NOTWITHSTANDING ANY ORAL OR WRITTEN STATEMENT MADE BY BUYER, AND UNLESS AN AUTHORIZED OFFICER OF SELLER EXPRESSLY AGREES IN WRITING TO ACCEPT BUYER’S TERMS AND CONDITIONS OR ANY PART THEREOF, BUYER’S ACCEPTANCE OF ANY QUOTATION AND SELLER’S ACCEPTANCE OF ANY PURCHASE ORDER IS CONDITIONED UPON ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND IS LIMITED ONLY TO THE TERMS AND CONDITIONS SET FORTH HEREIN. Seller hereby expressly objects to any additional or different term or condition in this transaction that may be contained in any prior, contemporaneous or subsequent communication (whether written, verbal or transmitted though electronic means) from Buyer that is in addition to or different from the terms and conditions contained herein. Buyer’s assent is conclusively established by Buyer’s (i) execution of this Agreement, (ii) acceptance of delivery of any of the Goods covered by this Agreement, or (iii) failure to expressly object hereto. Seller’s issuance of a quote or acceptance of a purchase order is subject to the terms and conditions set forth in these Terms and Conditions, regardless of whether these Terms and Conditions are expressly referenced in such quote or purchase order. Seller and Buyer may be referred to herein collectively as the “Parties” and individually as a “Party“.
ANY LEGAL ACTION OR PROCEEDING WITH RESPECT TO THIS AGREEMENT MAY BE BROUGHT IN THE COURTS OF THE STATE OF TEXAS OR OF THE UNITED STATES OF AMERICA LOCATED IN HOUSTON, HARRIS COUNTY, TEXAS, AND, EACH OF THE PARTIES HEREBY ACCEPTS FOR ITSELF AND (TO THE EXTENT PERMITTED BY LAW) IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, THE JURISDICTION OF THE AFORESAID COURTS. EACH PARTY HEREBY IRREVOCABLY WAIVES ANY OBJECTION, INCLUDING, WITHOUT LIMITATION, ANY OBJECTION TO THE LAYING OF VENUE OR BASED ON THE GROUNDS OF FORUM NON CONVENIENS, WHICH IT MAY NOW OR HEREAFTER HAVE TO THE BRINGING OF ANY SUCH ACTION OR PROCEEDING IN SUCH RESPECTIVE JURISDICTIONS. Each of the Parties further consents to the exercise of personal jurisdiction over it by courts in Texas with respect to any proceedings arising from or related to this Agreement. Notwithstanding the foregoing in this paragraph, in the event the Goods are being sold to a Buyer not located in the United States and a dispute arises out of, in connection with, or in any way relating to this Agreement, such dispute shall be resolved by final and binding arbitration. The arbitration shall be governed by the substantive laws of the State of Texas and by the Rules of Arbitration of the American Arbitration Association under its then current International Arbitration Rules (the “ICDR International Rules“). The seat of the arbitration shall be Houston, Texas. The decisions of the arbitrators shall be final and binding on Buyer and Seller and judgment on the award may be entered by any court having jurisdiction over Buyer or Seller or their respective property, as applicable. Unless otherwise provided by this Agreement, each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential except to the extent disclosure of an arbitration award is necessary for a court to enter judgment on the award.
All Warranty Claims are to be requested in writing and previously authorized by Seller. Please send all requests to: Applied Cryo Technologies, Inc.
Attn. Warranty Claims Division
7150 Almeda Genoa
Houston, TX 77075
For expedited response, telephone approval is permitted by calling 281-888-3884, however, it must be followed by a corresponding warranty request in writing to Seller. Upon acceptance, Seller’s Warranty Claims Division will issue an RMA (Return Merchandise Authorization) Number that is a claim tracking number required for all documentation, correspondence, and invoices sent to Applied Cryo Technologies Warranty claims Division for credit.
All warranty claims, documentation, and photographs (where applicable) submitted to Applied Cryo Technologies for credit must be submitted within 21 days of the date the purchaser receiving services rendered from approved vender and must include the RMA Number in order to be considered valid.
All warranty claims and corresponding invoices must be accompanied by an RMA Number before payment will be made by Seller. Vacuum Pumping of any units, requires prior authorization from Seller and all procedures must be followed or the warranty will be void. Authorization must be obtained from Seller prior to shipment of any units to our location or any other repair facility for warranty work.