Seal Finder Version 2.0.1

Seal Finder is a program developed by PSI / Pikotek to be used exclusively with Link-Seal® Modular Seals manufactured by PSI / Pikotek. Please do not use this program to size competitive products, as solutions provided are unique, and apply only to Link-Seal® Modular Seals manufactured by PSI / Pikotek.


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PSI / PIKOTEK Ė STANDARD TERMS AND CONDITIONS OF SALE

PSI / PIKOTEK Ė STANDARD TERMS AND CONDITIONS OF SALE
UNLESS OTHERWISE AGREED TO IN WRITING BY PSI / PIKOTEK, THE FOLLOWING APPLY TO ALL SALES
 
1.   QUOTATIONS. Quotations are valid for 90 days unless otherwise noted or unless the quotation is modified or rescinded prior to acceptance.
2.   WARRANTY. SELLER warrants that any product of its manufacture, which upon examination is found by a SELLERíS representative to be defective in either workmanship or material under normal use and service, will be, at SELLERíS option, repaired or replaced free of charge including lowest transportation charges but not cost of installation or removal, or have the purchase price refunded, provided that SELLER receives a written claim specifying the defect within ninety (90) days from date of distributor sale or one (1) year from date of factory shipment, whichever occurs first. In no event shall SELLER be liable for any claims, whether arising from breach of contract or warranty or claims of negligence or negligent manufacture, in excess of the purchase price. ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE ARE HEREBY DISCLAIMED. The foregoing expresses all of SELLERíS obligations and liabilities with respect to the quality of items furnished by it, and it shall under no circumstances be liable for claims for indirect, consequential, collateral, or special losses or damages.
3.   ORDER ACCEPTED BY SELLER.
      a. All orders received from BUYER are subject to acceptance by SELLER, unless quotation specifies that it is a bid in response to an invitation for bids in which event the order or award shall constitute acceptance of the bid in accordance with the bid terms.
      b. Terms and conditions on the BUYERíS order form, at variance with terms and conditions stated herein, are binding upon SELLER only if specifically accepted by SELLER in writing. Absent such written acceptance, these terms and conditions shall apply to all sales of SELLERíS products.
      c. Orders accepted by SELLER cannot be cancelled by BUYER except with SELLERíS written consent and upon terms that will indemnify SELLER against loss or otherwise compensate SELLER for all costs of performance incurred by SELLER through cancellation.
4.   PRICE AND PAYMENT.
      a. Unless otherwise stated, legal delivery and prices are Ex Works SELLERíS plant, and prices may not include transportation charges. Transportation charges, if include, are estimates only and are subject to change. Title to said goods will, therefore, pass to BUYER upon receipt by the transport company at SELLERíS dock.
      b. Taxes Not Included in Price: Except where otherwise prohibited by law, all sales, excise, use or similar taxes or charges by the federal, any foreign, or any state or local government, which SELLER may be required to pay or collect, shall be in addition to price stated and shall be paid by BUYER, unless a valid exemption certificate is furnished therefore.
      c. Payment: All accounts are payable within terms stated on SELLERíS invoice. SELLER may demand payment or Irrevocable Letter of Credit (L.O.C.) in advance of shipment if, in SELLERíS opinion, the credit or financial condition of BUYER is, or is about to become, impaired; or SELLER has insufficient credit history with BUYER.
      d. Payments Where Shipments are Delayed: In the event of BUYER caused shipment delays, e.g. where BUYER requests delay in shipment or BUYER does not perform inspection BUYER requires before shipment, SELLER shall have the option of billing for goods when ready for shipment. If material is not ordered out within sixty (60) days after goods are ready, SELLER will have the option of billing storage charges.
5.   DELIVERY.
      a. Shipping Dates: Shipping dates are approximate only and are subject to change.
      b. Unforeseen Delays: SELLER shall not be liable in damages or otherwise for delays or failure in performance when caused by circumstances, of every nature and description and however arising, beyond SELLERíS reasonable control. In the event that SELLER is unable, due to any such occurrence or otherwise, to fulfill its total commitments to all customers, BUYER agrees to accept as full and complete performance by SELLER, deliveries in accordance with such plan or proration as SELLER may adopt.
      c. Packaging: SELLER will provide commercial packaging, adequate under normal conditions, to protect the goods in shipment and identify the contents. Should BUYER request any special packaging, it will be done at BUYERíS expense.
      d. Routing: All goods will be shipped via the most cost effective means of transportation under the circumstances, unless BUYER indicates otherwise. In the event BUYER requests expedited shipping and handling, SELLER shall comply provided BUYER pays all reasonable expediting and increased shipping fees and expenses. If BUYER provides no routing instructions, SELLER shall be the sole judge of the best method of routing shipment.
      e. Claims: Claims for loss or damage in transit must be entered and prosecuted by the BUYER. SELLER will provide reasonable assistance upon request.
6.   INSPECTION. SELLER will inspect all goods prior to shipment and such inspection will be adequate to meet SELLERíS standards for dimensional and visual characteristics. If BUYER wishes to independently inspect goods prior to shipment, all costs of doing so shall be incurred by BUYER.
7.   REJECTIONS AND RETURNS.
      a. Notification to SELLER: BUYER will be deemed to have inspected and accepted any shipment under this contract if, within thirty (30) days after BUYERíS receipt of goods, BUYER has not notified SELLER in writing that such goods are rejected, including a detailed description of the grounds therefore.
      b. Return of Goods: No goods may be returned by BUYER for any reason without SELLERíS prior written approval.
8.   MODIFICATIONS OF CONTRACT: It is agreed that there is no other contract in force between BUYER and SELLER and no alterations, amendments or modifications to this agreement shall be binding unless agreed to in writing by SELLER. Should SELLER by any words, acts or writing, waive or be deemed to have waived any of the provisions of this agreement, or should SELLER fail to insist upon performance by BUYER of one or more of the terms herein, such action or failure on SELLERíS part will in no way be deemed to imply or otherwise constitute a waiver of any other terms contained in this agreement.
9.   SPECIAL DAMAGES AND LIMITATION OF LIABILITY. Under no circumstances shall BUYER or SELLER be liable for any claims for special, indirect or consequential damages relating to or arising from the sale, use or other handling of goods hereunder.
10.   DISCREPANCIES. If BUYER believes there are or may be any errors, omissions or inconsistencies in the Sales Order Acknowledgement, Invoice, or other documents related or supplemental to its order, BUYER must submit a claim, with satisfactory evidence in support thereof, within sixty (60) days of the date of sale.
11.   COLLECTION COSTS. BUYER agrees to pay reasonable attorney fees and legal costs incurred should it become necessary to use such methods to collect any amounts past due. A monthly finance charge of 1.5% (18% annually) may be imposed on any portion of BUYERíS account not paid within the terms stated on the SELLERíS invoice.