Terms and Conditions

  Terms and Conditions

All sales by Banner Union and its subsidiaries ("Banner Union") to any person (a "Buyer") of the units of products specified in the document to which these Terms and Conditions of Sale are attached or referred to (the "Product") will be governed by these Terms and Conditions of Sale. If the terms or conditions of any offer or acceptance from Buyer differ from or seek to add to or supplement these Terms and Conditions of Sale, these Terms and Conditions of Sale shall constitute a counter-offer and will not be effective as an acceptance of Buyer's differing, additional or supplemental terms and conditions, all of which are hereby rejected.
THESE TERMS AND CONDITIONS OF SALE SHALL BE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS OF AGREEMENT BETWEEN BANNER UNION AND THE BUYERS.

  Price and Payment

All price quotations are subject to confirmation and are non-binding. Unless otherwise agreed to by Banner Union in writing,
all prices for the sale of Product for delivery in the United States and all countries not mentioned below are stated in and to be paid in United States Dollars,
all prices for the sale of Product for delivery
I.to the United Kingdom are stated in and to be paid in shall be in GBP,
II.to Sweden are stated in and to be paid in SKR,
III.to Japan are stated in and to be paid in Yen,
IV.to all other European countries are stated in and to be paid in EUR.
All payments are payable in advance. Banner Union reserves the right to require alternative payment terms, including without limitation letter of credit or payment in advance.

  Delivery

Unless otherwise agreed to in writing by Banner Union, all products shall be delivered FOB (INCOTERMS 2000) from our factory. Title to and risk of loss or damage to all or any portion of the product shall pass to Buyer upon tender of the Product for delivery at Banner Union ' s plant point of shipment.

  Limited Warranty

Subject to the limitations set forth in these Terms and Conditions of Sale, Banner Union warrants (the "Limited Warranty") that all Product sold by Banner Union will conform to the published specifications therefore and shall be free from defects in materials and workmanship under normal use, handling and service as follows:
Optical Components: One year Warranty
Clamps and Mechanical Tools: One year Warranty
Metal Sheet Products: One year Warranty

Banner Union shall have no obligation under the Limited Warranty or otherwise, and this Limited Warranty does not apply to Products which are
(a) Identified by Banner Union as a pre-production product,
(b) Specials, modifications, or customized items (including custom patch cables) meeting the specifications provided by Buyer;
(c) Items repaired, modified or altered by any party other than Banner Union;
(d) Items used in conjunction with equipment not provided by, or acknowledged as compatible by Banner Union;
(e) Subjected to unusual physical, thermal, or electrical stress;
(f) Damaged due to improper installation, misuse, abuse, or storage;
(g) Damaged due to accident or negligence in use, storage, transportation or handling.

To the extent the product is incorporated into any other instrument or device, Banner Union makes no representation with respect to the safety, efficacy, accuracy, reliability, use, or fitness for intended purpose of such integrated product. To the extent so incorporated into any other instrument or device, Buyer hereby agrees to indemnify and hold Banner Union harmless from any claims, suits, liabilities, losses, damages, expenses (including reasonable attorneys’ and experts’ fees and expenses) and costs arising from or relating to any defects in and/or the use of such integrated product, and/or the failure of such integrated product to comply with any applicable laws or regulations.
Subject to Buyer's compliance with the procedures set forth in paragraph 6 below, T Banner Union’ s sole obligation, and Buyer's exclusive remedy for any defective Product, shall be limited, at Banner Union ' s option, to either repairing or replacing, free of charge for materials or labor, any product which is proved not in compliance with the Limited Warranty during the Warranty Period.

EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH ABOVE, BANNER UNION MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE