Terms and Conditions
Quist Electronics, Inc. (“Quist”) provides this Website to make available online access to
information about products available from Quist and to facilitate transactions for the purchase of these products from Quist.
Quist reserves the right to modify, revoke or amend this Agreement at any time without giving any notice to you. The use by you of the site following any such modifications or amendments or changes is your agreement to follow and be bound by the terms as modified and effective at the time that you place the order. The date of modification of this Agreement or the time it was revised, may from time-to-time be contained herein.
A. It is not a requirement that you register to view this Quist site. To place an online order on this Quist site you must register.
B. This site and the services and information and content that you see here or otherwise glean from the site are generally protected by U.S. and international copyright trademark and other laws and belong to Quist or its affiliates or third parties. Quist grants you a personal, non-exclusive, non-transferrable license to use the information contained on this site and the service of ordering and to download or store certain portions of the content of the site that you select, provided that you only use these copies for your own internal, personal or business use, and that these not be used as a commercial use. You further agree not to copy or post any material on this site or to transmit, distribute, publish or broadcast the content on any media. Further, you agree that you will not modify or alter the content in any way or delete any of the information on this site. By downloading these materials, there is no right or title transferred to you. You may not use any of the marks, logos, trademarks or similar representations on this site without the prior express written consent from the trademark owner, except as may be permitted by law. You may not mirror or frame the home page or any other pages on this site. You may not connect links to the site that bypass the home page or other parts of the site without prior written consent from Quist.
C. THE INFORMATION PROVIDED IN THIS WEBSITE IS PROVIDED TO YOU, “AS IS” FOR OUR INTERNAL INFORMATIONAL PURPOSES ONLY, WITHOUT ANY REPRESENTATION OR WARRANTY OF ACCURACY OR COMPLETENESS OF INFORMATION OR OTHER WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL QUIST BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR USE OF THIS WEBSITE
OR RELIANCE UPON ANY INFORMATION OR MATERIAL ACCESSED
VIA IT OR ANY OTHER HYPERLINKED WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES, ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF QUIST IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT ALLOWABLE BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND REPRESENTATIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The material on this Website could contain technical inaccuracies or typographical errors, and information will be changed, updated and deleted without notice. Quist may make improvements and/or changes in the products and/or the programs described in this material at any time. Quist makes no warranties that this Website will operate uninterrupted or error free or that defects will be corrected. Quist does not warrant that this Website is compatible with your computer equipment or that this Website or its server is free of errors or viruses, worms or “Trojan horses” and Quist is not liable for any damage you may suffer as a result of such destructive features.
Additionally, Quist makes no representations or warranties whatsoever about any other website which you may choose to access through this Website. Links provided by Quist to such websites are provided solely for your convenience and should not be deemed to imply that Quist endorses those Websites or any content therein.
Products sold by Quist are not authorized for use in any manner as a component of a life support device or system whose failure to perform can be reasonably expected to cause the failure of the life support device or system or to affect its safety or effectiveness.
A. Quist attempts to display, as accurately as possible, the colors of the products on this site. The colors you see may depend on many factors, including your own computer equipment, including its printer, and Quist does not guarantee that the color you see matches the product color.
B. Limitation of Liability. In no event shall Quist be liable to the buyer or to any third party for any indirect, incidental, special, consequential, punitive or exemplary damages (including without limitation lost profits or loss of business opportunity) arising out of or relating to (I) any product or service provided or to be provided by Quist, or the use or inability to use the same, (II) the use or inability to use the site, the service, or the content, (III) any transaction conducted through or facilitated by the site, (IV) any claim attributable to errors, omissions, or other inaccuracies in the site, the service and/or the content, (V) unauthorized access to or alteration of your transmissions or data, (VI) statements or conduct of any third party on the site or the service, or (VII) any other matter relating to the products, the site, the service, or the content; even though Quist has been advised of the possibility of such damages.
Quist’s sole obligation and liability for product defects shall be, at Quist’s option, to replace such defective product or refund to customer the amount paid by customer. Therefore, in no event shall Quist’s liability exceed the buyer’s purchase price. The foregoing remedy shall be subject to buyer’s written notification of defect and return of the defective product within ninety (90) days of purchase. The foregoing remedy does not apply to products that have been subjected to misuse (including without
limitation static discharge), neglect, accident or modification, or to products that hare been soldered or altered during assembly, or are otherwise not capable of being tested.
C. You the user and buyer understand that you are personally responsible for your use or inability to use any products purchased from Quist and your reliance upon information or recommendations given by Quist, either directly or through this Website. You agree to indemnify, defend and hold harmless Quist, its parent companies, subsidiaries, affiliates, business partners, employees, agents, officers and directors and any third party providers from and against any and all expenses, claims, losses, damages and costs they may incur, including attorney’s fees, resulting from or arising from your use, inability to use, misuse of any products or services purchased from Quist or your reliance upon any information or recommendations provided by Quist directly or through this site.
D. You agree not to take any action that might compromise the security or information on this site or render the site inaccessible to others or to cause any damage to the site. You agree to use the site so that it does not affect the use by others or the information contained on the site. You agree not to post any information to this site.
E. The above terms and conditions constitute the entire agreement of the parties with respect to the site and its use. You further agree that if any part of this Agreement is deemed by a court to be invalid or unenforceable, it will not impact other provisions of this Agreement, all of which will remain in full force and effect. Any dispute regarding these terms and conditions or the use of the site or the ordering process are governed by and will be interpreted in accordance with the laws of the State of Minnesota, without regard to any conflicts of law provisions. Such actions will be venued in a state or federal court situated in Hennepin County, Minnesota and you, by the use of this site, or ordering products from Quist, submit to the personal jurisdiction for such courts for that purpose. You agree to reimburse Quist for all costs and attorney’s fees they incur as a result of any litigation with you.
F. All orders placed through this Quist website or placed by any other method or means, are subject to the terms herein set forth. These terms cannot be changed, altered or modified without the prior written permission of Quist. The terms of Quist herein set forth supercede any terms that may be placed on any forms that you may send to Quist. These terms will solely govern any orders placed with Quist.
G. If you place an order, Quist may verify your method of payment, address and applicable identification numbers, including but not limited to your tax exempt identification number and any resale identification number, before processing your order. Your placement of an order is an offer to purchase Quist products. Quist may accept or reject your order for any reason or may decline to accept any part of your order. No order is considered to be accepted by Quist until the product has shipped. If Quist declines to accept your order, Quist will attempt to notify you by using the information which you have provided with your order.
H. Quist may limit or cancel quantities or terms of shipment on any order on any basis at any time. If you do not provide accurate or complete contact information with your order, Quist will use such information as they may have and you agree that Quist is not responsible for any damages you shall incur in the event that you do not receive the information as a result of your failure to provide complete and accurate contact information. Quist endeavors to provide current and accurate information relating to pricing and products, but does not guarantee the accuracy or currency of such information. If an error is found prior to shipment, we may notify you of such error and you may choose to accept or cancel the order prior to the time that it has been shipped. All prices are in U.S. dollars. Payment for any products ordered by U.S. customers may be paid for by check, money order, Mastercard, VISA, American Express or COD and by prepaid wire transfer as well as open credit account to qualified customers and businesses.
I. Canadian customers and others not in the United States may not elect to make payment by COD.
J. For international customers, payment may be made by Mastercard, VISA, American Express, Discover, wire transfer, cashier’s checks in U.S. funds, as well as open account to qualified customers and businesses.
Quist cannot accept personal checks or certified personal checks.
K. Use of letters of credit must be pre-approved in advance by the credit department of Quist. To obtain a credit application for open account credit, contact us at 952-448-6645, or fax in your request to 952-448-7190. Open credit cannot be used for purchase of products until approved by Quist.
L. Shipping or freight charges and insurance and other handling charges will be paid by the customer. All sales are made FOB, point of origin being Minneapolis, Minnesota USA. Shipping or freight charges are prepaid and added to the invoice. There is no minimum order fee.
M. Sales tax is charged on shipments in most states that have a sales tax unless you have provided a tax exempt form and we have your resale certificate and appropriate account numbers. If you have tax exempt status, you must have a tax exemption certificate evidencing your status. Quist will not refund any tax amounts collected in the event a valid certificate is not provided.
N. If your check is dishonored for any reason by any bank, you agree to pay the maximum service charge permitted by law in the State of Minnesota. In addition, you agree to pay any other reasonable charges imposed by other companies that we may use with regard to that collection, including collection costs and attorney’s fees.
O. If Quist is out of stock at any time of an order placement, you may elect to have the order shipped on a subsequent shipment. Additional shipping charges may apply to each shipment and back orders will be held based on your request. Quist complies with all state and federal regulations with regard to shipment of orders, either
domestically or internationally. All orders of international origin are exported in accordance with such laws and diversion of products by you contrary to U.S. law is prohibited. All duties, taxes and customs fees are the responsibility of the customer.
P. If you receive merchandise that has been damaged in transit, it is important to keep the shipping carton, packaging and other parts intact. Contact Quist customer service immediately to initiate a claim. Quist accepts merchandise returns subject to terms outlined herein and will replace the product or refund your money at our option. To facilitate such processing, contact the customer service department at Quist. All returns must be made within thirty (30) days of invoice. Return freight must be prepaid. Return merchandise must be in the original packaging and in resalable condition and items not “in catalogue items” or specified as “non-cancellable”, non-returnable at time of “time of sale” are not returnable. Defective merchandise may be returned within ninety (90) days of sale and need not be in original shipping container.
Q. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF THE LAW, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE WHICH EXTEND BEYOND THOSE EXPRESSLY PROVIDED FOR ON THE TERMS AND CONDITIONS HEREOF. QUIST SHALL NOT BE LIABLE FOR ANY DAMAGES DUE TO DELAY IN DELIVERIES, SERVICE, USE OF EQUIPMENT OR OTHER PERFORMANCE AS SPECIFIED IN THIS AGREEMENT, AND SHALL IN NO EVENT BE LIABLE TO ANY INCIDENTAL OR CONSEQUENTIAL OR OTHER DAMAGES.
NO ACTION MAY BE BROUGHT BY BUYERS MORE THAN SIX (6) MONTHS AFTER THE CAUSE OF ACTION HAS ACCRUED.