THESE TERMS CONTROL
Buyer's acceptance of Fluke’s goods and/or services shall constitute acceptance of these terms and conditions, unless Buyer and Fluke have agreed in writing for other terms and conditions to apply to the supply of Fluke’s goods and/or services. Terms or provisions of Buyer's order that are inconsistent with or in addition to these terms and conditions shall not be binding unless accepted in writing by Fluke. Fluke's failure to object to any provision contained in a communication from Buyer shall not be a waiver of these terms and conditions. If any of these terms or conditions are declared by an arbitrator, or court or other body having jurisdiction, to be invalid or unenforceable, the remaining terms and conditions shall remain in full force and effect.
The delivery term(s) agreed between Buyer and Fluke for the provision of Fluke’s goods shall appear on Fluke’s confirmation of order and in the invoice. Unless otherwise indicated therein, the latest edition of the Incoterms issued by the International Chamber of Commerce apply to the delivery term(s) mentioned therein.
The risk to the goods shall pass to the Buyer at the place where delivery takes place, in accordance with the agreed delivery term(s). Fluke shall retain title to all goods delivered to the Buyer until Fluke has received payment in full of the purchase price of the goods.
The dates indicated for dispatch to Buyer by Fluke are estimated and not binding; they have to be reckoned from the date of Fluke’s written confirmation of the order or, where a letter of credit has been asked for, from the date of the advising bank's advice to Fluke that it has been opened in conformity with Fluke’s requirements. Fluke reserves the right to dispatch the goods in consignments as and when they are ready for dispatch.
COMPLAINTS AND RETURNS
Any complaints of erroneous dispatch and/or apparent damage shall be made in writing within fourteen days after receipt of the goods by the Buyer and if return of the goods is agreed upon they shall be forwarded in accordance with our instructions and preceded by an advice note, giving the reason for return and the date and number of Fluke’s invoice; all goods returned must be consigned insurance and carriage prepaid and packed in their original packing.
The payment term agreed between Buyer and Fluke for the provision of Fluke’s goods and/or services shall appear on Fluke’s confirmation of order and in the invoice and is subject to the following conditions: (a) Letter of Credit. Payment shall be made by a confirmed, irrevocable L/C issued in favour of Fluke by a first class bank which has adopted the Uniform Customs and Practice for Documentary Credits issued by the International Chamber of Commerce. (b) Prepayment. Payment must include estimated shipping and transportation charges shown in the quotation. Overpayment of such charges will be refunded. (c) Open Account. Payment shall be made within the period indicated on the confirmation of order and in the invoice, which if nothing else is indicated therein, shall be counted from the date of issue of the invoice, for 100% of the invoiced amount.
Goods manufactured/supplied by us are carefully inspected and, where practicable, submitted to our standard tests at our factories before dispatch. If special tests or tests in the presence of the Buyer or his representative are required, these must be specified by the Buyer when giving the order and shall, unless otherwise agreed, be made before dispatch; all costs connected with such tests will be charged extra. In the event of any delay on the part of the Buyer in attending such tests after fourteen days' notice that the goods are ready to be tested, the tests will proceed in the Buyer's absence and shall be deemed to have been made in his presence.
Unless expressly agreed otherwise, the installation of the goods supplied by us is not included in our quotation.
Orders may not be canceled or rescheduled without Fluke's written consent and are subject to cancellation or reschedule charges determined by Fluke.
The sale of Fluke products and technology is subject to compliance with national, E.U. and U.S. export control laws and regulations. Where applicable, orders are contingent upon the grant of export licences or other clearances required by the relevant government. The use, sale, re-export, delivery or retransfer, directly or indirectly, of items described herein, in or to any activities related to the design, production, use, or stockpiling of chemical, biological or nuclear weapons or missiles is strictly prohibited.
Fluke shall not be liable for non-delivery or delay in performance when such delay is directly or indirectly caused by, or in any manner arises from, delay or failure to deliver by Fluke's suppliers, fires, floods, accidents, riots, war, governmental interference or embargoes, strikes or shortage of labor, or other causes (whether or not similar to those specified) beyond its control. Delivery shall be deemed suspended so long as such causes delay performance. Fluke agrees to make, and Buyer will accept, deliveries at a reasonable time after remedy of such causes.
Fluke and its suppliers reserve the right to change product design or specifications at any time without notice.
Fluke grants a perpetual, non-exclusive license to Buyer to use ordered software on a single unit of product. Title to software shall remain in Fluke or its suppliers. The license may be terminated if Buyer discloses the software to others without Fluke's consent. Back-up copies of the software may be made and Buyer may sublicense the software along with the transfer of said single unit of product.
LIMITED WARRANTY & LIMITATION OF LIABILITY
Each Fluke product is warranted to be free from defects in material and workmanship under normal use and service. The warranty period is controlled by the documents furnished with each product and begins on the date of shipment. Parts, product repairs and services are warranted for 90 days. This warranty extends only to the original buyer or end-user customer of a Fluke authorized reseller, and does not apply to fuses, disposable batteries or to any product which, in Fluke's opinion, has been misused, altered, neglected or damaged by accident or abnormal conditions of operation or handling. Fluke warrants that software will operate substantially in accordance with its functional specifications for 90 days and that it has been properly recorded on non-defective media. Fluke does not warrant that it will be error free or operate without interruption. Fluke authorized resellers shall have no authority to extend a greater or different warranty on behalf of Fluke. Warranty support is available if product is purchased through a Fluke authorized reseller or Buyer has paid the applicable international price. Fluke reserves the right to invoice Buyer for importation costs of repair/replacement parts when product purchased in one country is submitted for repair in another country.
Fluke's warranty obligation is limited, at Fluke's option, to refund of the purchase price, free of charge repair, or replacement of a defective product returned within the warranty period. To obtain warranty service, contact your nearest Fluke Authorized Service Center or send the product, with a description of the difficulty, postage and insurance prepaid, to the nearest Fluke Authorized Service Center. Fluke assumes no risk for damage in transit. Following warranty repair, the product will be returned to Buyer, transportation prepaid. If Fluke determines that the failure was caused by misuse, alteration, accident or abnormal condition of operation or handling, Fluke will provide an estimate of repair costs and obtain authorization before commencing the work. Following repair, the product will be returned to the Buyer, transportation prepaid and the Buyer will be billed for the repair and return transportation charges.
This warranty is Buyer's sole and exclusive remedy and is in lieu of all other warranties, express or implied, including but not limited to any implied warranty of fitness for a particular purpose. To the maximum extent allowed by applicable law: (a) Fluke shall not be liable for any indirect damages or losses, including loss of data, whether arising from breach of warranty or based on contract, tort (including negligence), reliance or any other theory of law; and (b) Fluke’s liability for direct damages or losses, whether arising from breach of warranty or based on contract, tort (including negligence), reliance or any other theory of law shall be limited to the value of the goods and/or services delivered pursuant to the Buyer’s order.
No order is assignable without Fluke's prior written approval.
These terms and conditions and the contract to which they apply shall be construed in accordance with the laws of England and Wales.
Rev. Mar. 2015