Terms and Conditions
Terms and Conditions of Sale
Heatcon, Inc. and Affiliated Companies Bearing Heatcon® Nomenclature
- On approved credit, terms are Net 30 days from date of invoice unless otherwise noted. Visa, MasterCard, and American Express are accepted for payment. Credit Card payments will be processed prior to shipment. Payments are accepted in United States dollars only.
- Warranties: Heatcon warrants that the articles and services supplied by Heatcon will conform to each of the specifications and standards hereby established. Any disclaimer of this express warranty or of implied warranties of merchantability or fitness for a particular purpose shall be ineffective. The maximum warranty obligation for Heatcon on products and services is as follows: Hot Bonders – Three Years. All other equipment and accessories – One Year.
- Marking, packaging, and shipment: Heatcon will mark the purchase order number, the quantity and Heatcon’s or customer’s part number on all related document Heatcon will comply with packaging requirements suitable for transportation requirements and as customary by Heatcon, suitable for air shipment as may be required, or as established by customer as noted on the purchase order by mutual agreement between customer and Heatcon. In absence of customer- supplied shipping instructions, Heatcon will use its discretion regarding the best means of shipment.
- Minimum order purchase is $100.00.
- Price and delivery are quoted Ex Works factory, Seattle, WA.
- For materials shipments subject to shelf life restrictions, Heatcon is not responsible for failure of temperature devices used in dry ice shipments. The use of two temperature recorders is recommended to minimize customer risk and to comply with aerospace standards.
- All freight charges such as freight costs and shipping insurance are the responsibility of the customer. As a service, unless otherwise instructed in writing by the customer, or annotated on the customer contract or purchase order by the customer, HEATCON declares insurance value for each shipment and for which the customer is responsible to pay.
- Protection of Trademarks and Confidentiality: Any information provided to Heatcon regarding customer’s design, specification, purchasing, handling and marketing of goods shall be treated as confidential and shall not be disclosed to third parties. Any information provided to the customer regarding Heatcon’s design, specification, purchasing, handling and marketing of goods shall be treated as confidential and shall not be disclosed to third parties.
- If shipments are delayed by the customer, payments shall become due from date Heatcon is prepared to make shipment. If manufacture is delayed or cancelled by the purchaser, a payment shall be made based on the contract price and the percentage of completion. Parts of equipment held for the Purchaser shall be at the risk and expense of the customer. Customer will be charged applicable cancellation or restocking fees for any purchase order cancelled by the customer 24 hours after receipt of said purchase order by Heatcon.
- Products sold here under to customer shall be free from defects in material and workmanship and shall conform to specifications. This express warranty is in lieu of and excludes all other warranties, expressed or implied.
- Heatcon’s liability shall be limited solely to the replacement or repair of any defective product not meeting specifications, or to refunding the purchase price applicable to such defective product not meeting specifications. Heatcon shall in no event be liable for loss, damages or expense directly or indirectly arising from the use or resale of the products, or from their late delivery, in whole or in part, or from any other cause whatsoever, except as expressly set forth in writing herein. Any claim shall be deemed waived by the customer unless made in writing to Heatcon within sixty (60) days from the receipt of the product.
- Warranty for silicone rubber heaters, or blankets, depends on following Best Practices, at a minimum, and which is attached to this document.
- Waiver by Heatcon of any breach by customer shall not be deemed a waiver of future compliance herewith, and such provision, as well as other provisions herein, shall remain in full force and effect.
- No products may be returned to Heatcon without a properly issued RMA (Return Material Authorization) number. Restocking fees may apply.
- Tools, dies, engineering development costs and resulting documentation of all kinds related to this development, which is prepared for the manufacture of units, equipment, and other services such as training materials remains the property of and in the possession and control of Heatcon. Customer charges for these items shall be restricted to the use of such equipment only and by approval of Heatcon.
- In manufacturing our products it may necessary to allow for variations, such as losses, in production. Heatcon therefore reserve the right to ship 90% to 110% of the quantity ordered.
- Federal, state or local taxes, imposed on the sale of the articles and services provided by Heatcon, shall be paid by the customer.
- The selection and adaptation of Heatcon’s products to the specific needs of the customer are solely the customer’s responsibility.
- Heatcon reserves the right to make partial shipments, unless otherwise instructed in writing by the customer.
- For small-quantity composite materials purchases, the minimum order quantity is 5 yards. Shelf life of materials subject to expiration which are over 60 days must be specifically requested by the customer and confirmed by Heatcon at the time of quotation.
- Expedited delivery may be available upon request and will be charged an expedite fee. For custom or specially design blankets, detailed drawings will be forwarded to customer for approval.
- Heatcon is not bound by any terms on the customer’s order form which attempt to impose any conditions at variance with the conditions and terms herein stated and where there is a variance between the customer’s terms and conditions and these terms and conditions, these terms and conditions shall be controlling except by mutual agreement, stated in writing.
- Force majeure: Heatcon is not liable for failure to perform its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), acts of war or similar hostilities , terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone service.
- Partial Invalidity: If any provisions of the order is or becomes void or unenforceable by force or operations of law, the other provisions shall remain valid and enforceable.
- Any quotation provided by Heatcon shall be valid for a period not exceeding 30 days, unless otherwise modified by mutual agreement.
- For heat blankets being tested and certified to D6-56273 Thermal Uniformity, or its equivalent
- Stretch Blankets: Heatcon will not test for the thermal uniformity of stretch and flexible configured blankets unless by prior approval from management. Customer acknowledges that all blankets tested will be in a ‘non-stretch’ state, and that use of the blankets under any application will likely modify thermal uniformity characteristics of the tested blankets.
- Non-stretch Blankets: Heatcon will not test for the thermal uniformity for those blankets which are greater than 650 square inches unless by prior approval from management.
- If a heat blanket is tested after delivery, Ex Works factory, Seattle, WA, and if the heat blanket successfully passes the thermal uniformity requirement but the resistance varies by more than 3.5 percent from the value certified by Heatcon as tested by the customer or Heatcon resulting in customer rejection, a new electrical resistance certification value may be issued by Heatcon, at Heatcon’s option.
- Heatcon is committed to compliance with all United States of America Export Regulations and Laws. Heatcon will not sell or ship to countries embargoed by any official agency of the United States of America. Furthermore, Heatcon prohibits the re-export, brokering or trans-shipment of its products to any individual, organization or country prohibited by any agency of the United States of America. The sale, resale or other disposition of products, and any related technology or documentation, are subject to the export control laws, regulations and orders of the United States of America and may be subject to the export and/or import control laws and regulations of other countries. Customer agrees to comply with all such laws, regulations and orders. Customer further acknowledges that it shall not directly or indirectly export any products to any country to which such export or transmission is restricted or prohibited. Customer acknowledges its responsibility to obtain any license to export, re-export or import as may be required.
- Heatcon’s policy is to verify the end-use and end-users for all exports involving Heatcon products and services. This is to ensure compliance with applicable United States export control laws and regulations, specifically 15 CFR 736 of the Export Administration Regulations. For products subject to export, customer must provide, at a minimum and prior to shipment, a) end user, b) end use, and c) destination for certified materials products distributed by agreement (such as 3M, Cytec and Hexcel), and hot bonder controllers.
- For all other products, Heatcon will use the ‘red flags’ guidance provided by Bureau of Industry and Security (BIS), U.S. Government (https://www.bdoc.gov). U.S. Government to determine if end user, end use and ultimate destination are required.
- Equal Opportunity Clause: The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor’s legal duty to furnish information.
- This agreement and the rights and duties of Heatcon and the customer shall be governed by the laws of the State of Washington. The terms set forth herein constitute the entire agreement of the parties. No promises, representations or agreements have been made by Heatcon except as expressly set forth herein. This agreement may not be modified or rescinded except in writing signed by both parties.
Updated: September 2015