DISTRIBUTORS TERMS & CONDITIONS
 
 
COVID-19 UPDATE OCTOBER 2020
Due to the ongoing COVID-19 outbreak and increased global demand for ALL of our PPE products.
  • Due to limited supplies, products on all purchase orders are subject to availability.
  • All sales are deemed as final.
  • No returns or exchanges accepted.
  • GENERAL
    The supplier identified on the purchase order (“Purchaser”) agrees to purchase the products identified in the purchase order from DAR-TECH ENT.  (“Seller”). By purchasing products with the purchase order (“Order”) from DAR-TECH, you agree to be bound by and accept the terms and conditions contained herein (this “Agreement”). This Agreement does not supersede, waive, or otherwise affect any guarantees, credit application, or other agreements between Purchaser and Seller. While the Seller may acknowledge receipt of this Order by a replied email or verbal communication, Seller reserves the right to modify quantity based on availability. While Seller is to supply products identified in the Order, Seller may allocate its available supply amount to any or all of its various customers upon such bases as Seller shall deem fair and practicable, with no liability on its part for failure to deliver the quantity or any portion therein specified on the Order. Seller reserves the right to refuse acceptance of Orders from anyone. Seller reserves the right at any time, even after receipt of an order confirmation, to decline or cancel a Purchase order or to limit order quantities for any reason, including errors or suspected fraud
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  • PRICE
    Prices are subject to change by Seller without notice. Any cost incurred by Seller in connection with or arising out of the manufacture, sales, or distribution of product, including but not limited to, increase in labor, freight, and material cost prior to shipment, may be invoiced to the Purchaser. Pricing errors may occur on items sold by the Seller. The seller attempts to correct all pricing errors promptly after discovery. Seller reserves the right to cancel any orders containing pricing errors, with no further obligations to Purchase, even after receipt of an order confirmation or shipping notice from Seller. Any payments you make to the Seller for orders that are canceled due to pricing errors will be refunded.  Sellers may process payment for and ship parts of an order separately.
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  • SHIPMENT & DELIVERY
    Orders are not binding upon Seller until accepted by Seller. Seller reserves the right to refuse acceptance of Orders from anyone. Seller will indicate its acceptance of an order by issuing an invoice or by shipping the ordered product to Purchaser. All shipments are made as FOB of the Seller’s shipping point unless otherwise specified.  In the absence of specific instructions by Purchaser, Seller selects the carrier. Quoted delivery date or ship period are approximate and not binding. In cases of force delays (e.g. acts of war, accidents, transport disruptions, strikes, lockouts, etc.) and in cases of labor, energy, or raw material shortage or governmental orders, Seller shall, without liability for damages, be released from the obligation to meet delivery dates.  In the event of such delay or threatened delay, Seller shall immediately give notice to Buyer and Buyer may, at its option, either excuse such delivery/performance of services or cancel such purchase order in whole or in part. Buyer shall pay the prices specified in the purchase order for any goods completed prior to the effective date of such cancellation and delivered to Buyer in conformance with these Terms and Conditions.
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  • PAYMENT
    Purchaser shall be bound by all terms and conditions from Seller. The seller shall issue a separate invoice for each separate shipment. All payments shall be made in full in accordance with payments terms on the invoice, via ACH direct, Cash, or other payment forms acceptable to Seller. Seller shall have the right to declare all invoices immediately due and payable. Delinquency to payments due on the invoice shall allow Seller to exercise rights to hold unshipped orders from Purchaser until delinquent payments are collected.
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  • GOVERNING LAW AND DISPUTE RESOLUTION
    This Agreement and all communications, disputes, and performance-related hereto shall be governed by and construed according to the internal laws of the State of California. Purchaser and Seller shall meet in good faith to attempt to resolve informally any disputes arising out of this Agreement. Purchaser agrees that all information on the purchase order, this Agreement, and your purchase terms, including, but not limited to, price, are confidential and may not be disclosed to third parties.