ICT Terms And Conditions



ICT Terms And Conditions

PLEASE READ CAREFULLY: UNLESS THE CUSTOMER HAS ANOTHER VALID AGREEMENT WITH INDUSTRY CENTRIC TECHNOLOGIES OR ITS SUPPLIERS WHICH TERMS APPLY TO THE SPECIFIC PRODUCT OR SERVICE PURCHASED FROM INDUSTRY CENTRIC TECHNOLOGIES (ICT), OR UNLESS OTHER TERMS ARE SPECIFIED FOR A SPECIFIC PRODUCT, THE FOLLOWING ICT SINGLE ORDER TERMS (TERMS) (WITH ANY ADDITIONAL ICT TERMS IF SO SPECIFIED) WILL APPLY AND GOVERN ALL ICT SALES AND LICENSES OF ICT PRODUCTS AND SERVICES.

BY USING, DOWNLOADING, INSTALLING, COPYING, OR ACCESSING THE PRODUCT, OR BY CHOOSING THE "I ACCEPT" OPTION LOCATED ON THE RFQ PAGE WHERE THIS AGREEMENT MAY BE DISPLAYED, YOU AGREE TO THE TERMS BELOW. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, AND DELIVERY OF THE PRODUCT OR SERVICE, DO NOT USE, DOWNLOAD, COPY, OR ACCESS THE PRODUCT OR SERVICE.

DEFINITIONS

  1. "Deliverable" means the tangible work product resulting from the performance of Support excluding Products and Custom Products.

  2. "ICT Branded" means Products and Support bearing a trademark or service mark of Industry Centric Technologies or any Product-Design-Solutions.com and Affiliate.

  3. "Product" means all services listed in ICT's standard price list at the time of ICT's acceptance of Customer order, and including products that are modified, altered, or customized to meet Customer requirements ("Custom Products").

  4. "Specification" means technical information about Products published in ICT's Product manuals, user documentation, and technical data sheets in effect on the date ICT delivers Products to Customer.

  5. "Statement of Work" means an executed document so titled, that describes the Custom Support to be performed by ICT under the Support Terms section.

  6. "Support" means technical standard support services provided by ICT and includes "Custom Support" which is any agreed non-standard Support as described in a Statement of Work.

  7. "Transaction Document(s)" means an accepted Customer order (excluding pre-printed terms) and in relation to that order valid ICT quotations, ICT published technical data sheets or service descriptions, ICT limited warranty statements delivered with or otherwise made available to Customer with Products, and mutually executed Statement of Work, all as provided by ICT, or other mutually executed documents that reference these ICT Single Order Terms ("Terms").

  8. "Version" means a release of digital or paper document that contains new features, enhancements, and/or maintenance updates, or for certain services, a collection of revisions packaged into a single entity and, as such, made available by ICT to its customers (also called a "Release").


    Prices and taxes
  9. Prices. Product and Support prices are specified in the current published ICT price list at the time ICT receives Customer's order, or in a valid Transaction Document. Prices are subject to change at any time prior to ICT's acceptance of Customer's order, unless stated otherwise in a Transaction Document.

  10. Price Validity. Unless prices are changed by ICT in accordance with these Terms, prices are valid for the period set forth in a Transaction Document. Product prices for an order remain valid for thirty (30) days from original order date unless otherwise quoted by ICT.

  11. Taxes. Prices are exclusive of, and Customer shall pay, all taxes, duties, levies or fees, or other similar charges imposed on ICT or on the Customer by any taxing authority (other than taxes imposed on ICT's income) related to Customer's order, unless Customer has provided ICT with an appropriate resale or exemption certificate for the delivery location. "Delivery location" means the location where ICT transfers title or possession of Products to Customer or its designate or the location where Support is performed or, in the case of remote or intangible Support, where the Products being serviced are located.

  12. Financing. Third party financing transactions require advance notice to ICT for appropriate tax treatment.

Customer orders

  1. Orders. Orders will be governed by these Terms and are subject to acceptance by ICT. Orders must specify a "ship to" address.

  2. Cancellation. Customer may cancel an order for Products (but not Custom Products) at any time but will pay amount due for all work performed up to the date and time of cancelation.

  3. In the event of a cancellation or stop work order, all discounts, special rates or promotional price reductions are null and void. Client agrees to pay the regular amount for all services performed.

  4. Extended Delivery Dates. Changes to orders that extend delivery dates from the order date shall be considered new orders. The prices in effect when ICT receives the changed order will apply.

Delivery

  1. Delivery. ICT will deliver Products by arranging shipping to the receiving area at the "ship to" address specified in Customer's order within the country in which ICT accepted the order. ICT may elect in its sole discretion to deliver Deliverables, Specifications, or Product documentation by enabling electronic transmission to, or electronic access or download by Customer in the country where ICT accepted the order.

  2. Delivery Charges. Transportation and handling charges are payable by Customer and will be specified in an ICT invoice unless otherwise specified in a Transaction Document. Special packing or shipping arrangements will be charged separately to Customer.

Payment

  1. Payment Terms. Customer agrees to pay, without offset, all invoiced amounts within thirty (30) days of ICT's invoice date. ICT may change credit or payment terms for unfulfilled orders if, in ICT's reasonable opinion, Customer's financial condition, previous payment record, or relationship with ICT merits such change.

  2. Customer Default. ICT may discontinue performance if Customer fails to pay any sum due, or if after ten (10) days written notice Customer has not cured any other failure to perform under these Terms.

  3. Security Interest. ICT retains a security interest in Products until payment. Customer shall execute any paperwork required by ICT to effectuate any such security interest.

Disclaimer.

THE WARRANTIES AND ANY ASSOCIATED REMEDIES EXPRESSED OR REFERENCED IN THESE TERMS ARE EXCLUSIVE. NO OTHER WARRANTY, WRITTEN OR ORAL, IS EXPRESSED OR IMPLIED BY ICT OR MAY BE INFERRED FROM A COURSE OF DEALING OR USAGE OF TRADE. TO THE EXTENT ALLOWED BY LOCAL LAW ICT DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

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 Why People Use ICT

When it comes to complex mechanical systems, custom machinery, hardware or tooling, ICT delivers high-quality, high-value solutions. My first collaborative effort with Will Zeober was completed in 2008. I look forward to an ongoing professional relationship for years to come. If you're seeking a design and engineering expert who is committed to the objective - Will Zeober and ICT will deliver on-time, on-budget and on task.

Mike Page
Manufacturing Engineer
Goodrich Aerospace

When a project solution cannot be purchased off-the-shelf it becomes necessary to work with a creative expert who can quickly make the connection between an existing challenge and an executable solution. If a project carries a high risk for failure I can count on Will Zeober and ICT to develop a complete product design solution from inception through delivery. ICT has the expertise to successfully mitigate problems then execute and manage the project as a seamless extension of my organization that allows me to remain focused on my own clients needs. For customized integrated solutions, ICT delivers results.

Brian Cromer
Project Management Specialist
www.pelagosgroup.com

I am the Chairman and founder of GDK Technologies, Inc., a product design company. For the past three years I have had the pleasure of collaborating with Will Zeober on very complex analysis and design projects. Mr. Zeober is an industry expert who strives toward the final deliverable that is always accurate, complete, and right on target. He is an innovative visionary with in-depth knowledge of industrial/product design. His insightful expertise in manufacturing makes Mr. Zeober an exceptional high value asset to our design team. In short, Mr. Zeober is a creative problem solver who has made significant contributions toward the success of our company.

Gordon van Ekstrom
Chairman/Founder
GDK Technologies, Inc.


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