TERMS AND CONDITIONS
The following terms and conditions shall exclusively control the relationship between you and Hornet Cutting Systems, LLC (“Hornet”). These terms and conditions are incorporated into and are conditions to each and every purchase you make from Hornet. Any additional or different terms and conditions that may be contained in Customer’s acceptance are hereby objected to by Hornet.
- Price and Acceptance: All quoted prices are in U.S. Dollars. The Hornet quote is valid for 30 days from date of issuance. Hornet suggests a 1-2 week lead time upon receipt of payment. The actual lead time will be confirmed by Hornet upon receipt of order. Certain technical specifications may change without notice. The Hornet quote does not include installation. The quote does not include freight and handling cost unless otherwise stated. Shipment is FOB Valley Center, KS unless otherwise stated.
- Payment Terms: Unless otherwise agreed upon, payment is required in full prior to shipment.
- Cancellation: Standard size, in stock sheet and panel orders may be canceled prior to shipment. For custom part orders, Hornet’s order cancellation policy is based on a percentage of the quoted part value at various stages as follows: (a) 75% upon completion of engineering, (b) 25% upon part’s release to production, and (c) 0% upon completion of the part.
- Returned Goods: No product may be returned to Hornet or accepted for credit unless first agreed upon in writing by Hornet.
- Export Shipments: For all export purchases, Hornet commodities, technology, and/or software are sold and exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to United States law is prohibited. This also applies to domestic sales made by customers with the intent to export.
- Tax Exempt Customers: For tax exempt Customers, a sales tax exemption/resale certificate or direct pay permit must be provided for the state in which Hornet will be shipping the machine purchased. If an exemption/resale certificate or pay permit is not provided, the Customer will be held responsible for all applicable sales/use taxes levied against the machine purchase by jurisdictions with the authority to do so. The Customer shall also be responsible for all taxes, duties, or other governmental charges that Hornet may be required to pay with respect to the production, sale, transportation, inter-state commerce or export of any goods sold and delivered where no other reference has been made.
- Warranty: Hornet Panels are warrantied to be free from defects in workmanship and material, and are warrantied to meet Hornet published or quoted specifications pursuant to the terms set forth herein. Hornet extends no other warranty, expressed or implied, including warranties of merchantability, fitness for particular purpose(s), or otherwise, unless expressly set forth in writing herein. All special parts manufactured to Customer’s specifications are performance guaranteed only to the extent specifically agreed upon in writing between Customer and Hornet. Customer agrees to look solely to the warranty, if any, of the manufacturer or supplier of products manufactured by others and supplied by Hornet for any alleged defects in such products and of any damages or injuries caused thereby or as a result thereof.
The warranty period shall begin at the time of shipment from Hornet’s facility, unless otherwise agreed to in writing by Hornet. The warranty period will terminate based on the warranty term schedule provided above, unless otherwise agreed to in writing by Hornet.
All warranty related claims must be reported to Hornet within thirty (30) days after discovery thereof. Warranty related claims reported after thirty (30) days of discovery may be rejected by Hornet at its sole discretion.
Hornet reserves the right to repair or replace its components or products at its discretion. Hornet reserves the right to make improvements or modify components of the cutting machine if it deems such modifications are necessary and prudent during warranty-related repair.
Hornet reserves the right under this warranty to refuse or reject any and all warranty claims for any reason whatsoever if the damage was not caused by components or factory related workmanship. Such determination shall be at the sole discretion of Hornet.
- Limitation of Liability: To the fullest extent permitted by law, Hornet shall have no obligation or liability under its limited warranty, these terms and conditions, or otherwise for any and all indirect or consequential damage arising from the failure of its sheets or panels, including, but not limited to abnormal material usage, lost production time, internal or external labor charges, internal or external overhead charges, outsourced manufacturing costs, freight costs, lost profits, lost revenue, loss of use, the cost of substitute goods, downtime, or other replacement/substitute part costs. Hornet shall have no liability for any special, consequential, incidental, indirect, exemplary, or punitive damages for any alleged failure of its product or breach by Hornet hereunder. Hornet’s liability on any claim arising out of, connected with, or resulting from any transaction or purchase entered into by Customer, these terms and conditions, or the performance or breach thereof shall not exceed the value of the item(s) purchased that gives rise to such claim.
- Dispute Resolution: Hornet and Customer agree they shall attempt to resolve any dispute arising under or related to these terms and conditions, the purchase order(s), or any Hornet or Hornet related product by mediation prior to seeking any judicial remedy. Hornet and Customer agree that this pre-judicial relief requirement of mediation shall not apply to any event of non-payment by Customer or to any injunctive relief sought by Hornet. If mediation fails, either party may institute litigation in the state or federal courts within Sedgwick County, Kansas. If Hornet is deemed the prevailing party in any such judicial action, it shall be entitled to its attorneys’ fees, costs, and expenses incurred.
- Governing Law: These terms and conditions, together with any purchase order or agreement between Customer and Hornet, shall be governed by and construed according to the laws of the state of Kansas, without regard to its principles of conflicts of laws. Any action, lawsuit, or litigation of any kind between Customer and Hornet relating to these terms and conditions, any purchase order, and/or any agreement shall be brought in the state or federal courts within Sedgwick County, Kansas.