Terms & Conditions

Techmaster Electronics Terms and Conditions

On-Site Terms Completion of Techmaster’s portion of the work is contingent upon access to sufficient test equipment to perform meaningful work. Once Techmaster has staffed the job and commenced work, Techmaster shall permitted to work without interruption. Delays caused by events not under the direct control of Techmaster shall be chargeable to the Customer at current rates at time of work. Work performed is billed according to the Agreement of which these terms and conditions are an Exhibit.

If overtime becomes necessary to accelerate the work schedule per the Customers request, the overtime portion shall be billable, unless Customer has obtained in writing from Techmaster agreement to other terms. Premium rate is applicable when on-site service is required on a demand basis, within 72 hours notice. Premium rate is 1.5 and/or 2.0 times the standard costs when performed during normal working hours. Overtime/Double time charges will be billed when service is performed per the Customer’s request according to the outline within this document.

Overtime for Techmaster employees is defined as according to California State laws. Work performed outside normal work hours (8:00 a.m. to 5:00 p.m.) per the Customers request as defined above will be billed the contract cost plus an overtime multiplier of 1.5 or 2.0 whichever is applicable, (i.e. unit cost times multiplier = premium rates).

You can be confident that Techmaster Electronics is your best choice for refurbished electronic test equipment repair, calibration, sales and maintenance!

Cancellation

When a service call, and/or pre-scheduled service date has been confirmed with a Customer and is canceled by the Customer with less than fourteen (14) days, Techmaster reserves the right to invoice customer charges for non- cancelable costs, such as airline tickets, lodging agreements, etc.,. Techmaster shall provide customer with receipt/s of all non-cancelable charges.

Delivery

Delivery is subject to Techmaster's support feasibility at the time Customer's order is received. Techmaster will make reasonable efforts to meet quoted delivery dates, but will not be liable for failure to meet such dates.

Delays in Performance

Techmaster will not be liable for delays in performance or for non-performance due to unforeseen circumstances or causes beyond its reasonable control.

Payment and Security Terms

Should the Customer fail to pay any sum when due or fail to perform any other material provision of any agreement with Techmaster, Techmaster will not be obligated to continue performance under any agreement with Customer after 10 days from the date of written notice to Customer unless full payment is received within such time. Customer grants and Techmaster reserves a purchase money security interest in each Techmaster product purchased and financed by Techmaster hereunder, and in any proceeds thereof, for the amount of its purchase price. Upon request by Techmaster, Customer will sign any document required to perfect such security interest. Title to the equipment remains with and is retained by Techmaster until the purchase price is paid in full. Warranty will be voided if Techmaster does not receive payment by the tenth day after any previously agreed credit terms expire.

Off-Sets

Techmaster shall be entitled at all times to off-set any amount owing at any time from customer of its affiliated companies to Techmaster, against any amount payable at any time to Techmaster or any of its affiliates.

Warranties

Techmaster warrants that the services of its On-Site/In-House Personnel shall be competent and no other warranty shall be implied. If any portion of the repair work performed or any Techmaster supplied equipment shall prove to have been defective within four (4) months after completion of work by Techmaster, Techmaster shall, upon prompt written notice from the Customer, as its sole obligation, correct such defective work and repair or replace such equipment which shall in no case exceed the work or equipment shall in no case exceed the cost of redoing the work or replacing equipment supplied by Techmaster, and upon four (4) months, all such liability shall terminate. Calibration and certification services warrants the accuracy results at date of test only and does not warrant the accuracy during the entire recall period. Techmaster will provide a second test upon request to verify a questionable accuracy when tamper seals are intact, unit has not been damaged or abused, and test is requested within 30 days of the original test or 50% of the recall time has not passed, whichever is less.

Techmaster warrants that the equipment which it supplies is free from significant defects in materials and workmanship under normal use for ninety (90) days from when the equipment is shipped as evidenced by a copy of the equipment's shipping invoice from Techmaster ("Warranty Period"). In the event that the Customer believes to have discovered any such defect during the applicable Warranty Period, the Customer may return the equipment believed to be defective, freight prepaid, to Techmaster during the Warranty Period, and if Techmaster determines that the returned equipment contains a significant defect in materials or workmanship, Techmaster shall, at its option, repair or replace the defective equipment and return it to the Customer, freight prepaid or refund the purchase price of the equipment. Call Techmaster at760-536-0227 for return authorization number before returning equipment.

If Techmaster elects to replace the equipment it may replace it with functionally equivalent equipment. If Techmaster determines that the equipment is not defective or was not under warranty, it will return it to the Customer, freight collect. Techmaster shall have no responsibility or obligation with respect to any deficiency resulting from accidents, misuse, or modifications. Techmaster will only be responsible with respect to any deficiency when all tamper seals are completely intact. Techmaster's limited warranty on equipment is exclusive and in lieu of all other warranties, and Techmaster makes no other warranties, express or implied, and Techmaster expressly disclaims any warranty of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply.

All items described below are provided "AS IS" without warranty of any kind, and Techmaster expressly disclaims all express or implied warranties, including, but not limited to, the warranty or merchantability or fitness for a particular purpose. Techmaster does not warrant, guarantee, or make any representations regarding the use or the results of these items or any accompanying written materials in terms of their correctness, accuracy, reliability, current ness, or otherwise. The entire risk as to the results and performance of the software and written material is assumed by the Customer. The items provided "AS IS" are: CRT's; backward wave oscillators; software and software media; magnetic tape heads; 50 to 100 ohm resistive input/output circuitry of any equipment; internal batteries; and tubes of any kind.

Abandoned Property

Equipment that has been abandoned or in Techmaster's possession for twelve (12) months and several/three (3) attempts (written notification to Customer) have been made to return devices and/or collect fees for service of equipment in Techmaster's possession, equipment will become the property of Techmaster.

Sub-Contractors

Techmaster offers single source contact by sometimes utilizing other labs that specialize in calibration that is beyond Techmaster's capabilities. The prices quoted from these contractors are valid at time price is issued. Techmaster maintains no control when price changes are put in effect. Should a sub-contractor impose a cost increase before the end of contract period, Techmaster will transfer this cost increase to the Customer.

Shipment, Risk of Loss and Packing

Prices include Techmaster standard transportation and delivery to the receiving dock at any destination within the state where the order is placed unless otherwise agreed to in writing by Techmaster, Customer will pay rigging and accessorial charges. Techmaster will pack for shipment and storage and will ship in accordance with standard commercial practice. Customer may specify packing or shipping instructions subject to agreement by Techmaster. Any additional charges for shipments moving under Customer's instructions will be freight prepaid and added to Techmaster's invoice. Title to products and risk of loss and damage will pass to Customer at destination. However, when products are shipped under Customer's shipping instructions, title and risk of loss and damage will pass to Customer at Techmaster's shipping dock.

Liability

Techmaster, its successors, assigns, subcontractors and suppliers of any tier shall not be liable in contract or in tort (including negligence or strict liability) for any special, indirect, incidental, or consequential damages, including but not limited to damage or loss of adjacent property or equipment, loss of profit or revenue, loss of use of facility or equipment, cost of capital, cost of replacement equipment or claims of any third party. The remedies of the Customer set forth herein are exclusive and the total cumulative liability of Techmaster with respect to any contract, or anything done in connection therewith such as the performance or breach thereof, or from the manufacture, sale, delivery, resale, installation or technical direction of installation, repair, maintenance or any equipment covered by or furnished under a contract whether in contract, in tort (including negligence or strict liability), or otherwise, shall not exceed the price set forth herein for the work.

Restriction of Performance

The prices set forth are conditioned on the right of Techmaster to have the work performed by its service technicians or such other persons as it may choose.

Secrecy

Techmaster will employ diligent efforts and exercise a reasonable degree of care to maintain confidential all information furnished it by Customer and identified in writing as confidential. Such degree of care shall at least be as high as the degree of care which it would normally be expected to exercise with respect to its own proprietary information. Techmaster, however, shall have the right to use or disclose any such information: (a) which already in its possession at the time or receipt from Customer, (b) which is generally known to the trade, (c) which is contained in any issued patent, publication or other literature from and after the date it becomes available to the public through issuance or publication, (d) which is received from a third party without restriction. Customer and Techmaster have signed a nondisclosure agreement which shall supplement this Secrecy section and remain effective for the duration of this Agreement.

Standard Conditions or Sale/Changes

Techmaster hereby objects to any additional or different conditions except for any such terms or conditions as may be accepted expressly by it in writing in reference to this agreement.

Mileage

Within Techmaster service travel areas, warranty will incur a mileage cost on a daily basis portal to portal, as outlined within Techmaster's proposal. Service calls outside a 75 mile radius of a Techmaster facility allows Techmaster personnel at their option to lodge themselves in the immediate vicinity of the Customers' location to increase productivity and minimize Customer down time. Any shortage of revenue obtained from the daily mileage fee will be picked up by Techmaster to cover "Per Diem" costs. This program is used on jobs that require 3 man days or more to complete scheduled work. Service required outside a 150-mile radius but within the United States and parts of Mexico will incur travel and per diem charges in addition to mileage costs. These costs will be outlined on the proposal if applicable.

Equipment Rentals and Sales

General

The terms and conditions any order become the exclusive and binding agreement between Techmaster Test Equipment (herein known as "Techmaster") and the Customer covering the purchase of the goods, equipment or services or the rental of such goods and equipment ordered when the order is accepted by commencement of performance. Acceptance of this order is expressly limited to the terms hereof. Additional or different terms will not be applicable unless agreed upon in writing by the Buyers and "Techmaster".

Terms of Payment are net 30 days from date of invoice, pending credit approval, unless otherwise expressly agreed upon in writing by "Techmaster".

Late Charges for rentals or sale of goods that are not paid within ten (10) days of the due date, customer shall pay to "Techmaster" on demand a late charge from the due date until payment in the amount equal to the maximum rate permitted by law.

Interest shall accrue on any amounts due "Techmaster" that are not paid within thirty (30) days from the date of invoice at a per annum rate of interest equal to eighteen percent (18%) or the maximum per annum rate of interest that may be charged by law. In the event of a late payment, interest charges shall be assessed from the date of the invoice (i.e., the date the invoice was rendered), without notice to Customer. Customer shall be responsible for any and all costs of collection incurred by "Techmaster" with respect to amounts due from Customer under this Agreement for Services, including, without limitation, for attorneys' fees, costs, and expenses.

In no event, whether as a result of breach of contract or warranty, tort (including negligence) or otherwise, shall "Techmaster" be liable for any consequential, incidental, or exemplary damage, including, without limitation, any loss of profit or revenues, loss of use of any equipment or goods, or downtime costs.

NO OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WILL APPLY TO EQUIPMENT AND GOODS SOLD OR RENTED. Prices quoted do not include any taxes. Taxes will be added to the invoice as required by law to be billed and collected. These taxes will be paid by the customer unless the customer provides a valid tax exemption certificate to "Techmaster". Minimum billing is fifty dollars per invoice. Any oral statements about the goods or equipment do not constitute warranties. They shall not be relied upon by the Customer and are not part of the agreement.

Sales Terms & Conditions

Equipment and goods are shipped F.O.B. Shipping Point. All goods or equipment sold by "Techmaster" are subject to limited warranty (365 days unless otherwise noted). Warranty period starts the day the equipment shipped from "Techmaster". Nonpayment or delinquent payment (5 days or more past due) will void warranty. "Techmaster" will at its discretion, repair, replace, or refund the selling price for any malfunctioning equipment or goods, provided payment is made in due course, except in cases of improper application or misuse of goods or equipment by Customer. Freight costs are not refundable.

All goods or equipment sold by "Techmaster" are subject to a limited 5-day ROR (Right of Return) unless otherwise noted. This ROR is limited to goods found to be non-acceptable due to cosmetic defect (not previously disclosed) or item not meeting manufacturer's spec as advertised. ROR does not apply to wrong item(s) ordered by customer. All items past the 5-day ROR period will be accepted back at "Techmaster" only under-written acceptance by "Techmaster." Customer agrees to pay all shipping costs back to "Techmaster" for any returned item. Items that are damaged in shipping are not covered under ROR terms. Items missused or damaged by customer's missuse (intentional or unintentional) are not covered by ROR. ROR do not apply to rental orders.

No equipment or goods will be accepted for warranty repair without prior authorization from "Techmaster". Customer is liable for freight cost back to "Techmaster". All shipments may be insured upon request by Customer for full value of the goods or equipment purchased. In case of shipping damage, warranty does not apply. It is Customer's responsibility to contact forwarder promptly and register a claim. Concealed damage should be reported at once and claim made to forwarder in writing.

"Techmaster" does not provide any insurance on shipments made to Customer.

"Techmaster" retains title to all purchased goods and equipment until the sale invoice is paid in full, at which time title will convey to the buyer. Invoices are pro forma and do not convey title until paid.

Prices are subject to change without notice. "Techmaster" is not responsible for typographic errors.

DISCLAIMER EXCLUSIONS OF WARRANTIES. The parties agree that the implied warranties of merchantability and fitness for a particular purpose and all other warranties express or implied, including without limitation, warranties as to description, quality or productiveness are excluded from this transaction and shall not apply to the goods or equipment sold unless the parties shall otherwise agree in writing.

International Terms & Conditions

All payment terms are in United States Dollars. Payment terms are wire transfer of full funds prior to shipment. No credit cards are accepted for international shipments. Buyer is responsible for all paperwork, taxes, duties and additional costs associated with international freight. Techmaster assumes no responsibility for items held in customs.

Rental Terms & Conditions

All rentals start the day of equipment shipment to the Customer and continue throughout the minimum term and thereafter until return of the equipment to a "Techmaster" Inventory Center, whether or not the period is covered by Customer's purchase order.

The monthly rental rate is based upon the minimum term as stated on "Techmaster" quote and invoice. Customer shall not have the right to cancel the rental of the equipment prior to expiration of said minimum term upon which a rental is based. Rental charges for fractional months, beyond the original terms, will be pro-rated on a daily basis. Rental month shall be defined as 30-days.

Delivery and Freight charges are additional to Customer. Unless the Customer gives "Techmaster" written notice of each defect within two (2) days after receipt of a rented item, it shall be conclusively presumed that the item(s) was delivered in good condition. All equipment, manuals and accessories shall be returned to "Techmaster" prepaid and insured. Any shipping or handling charges not prepaid will be billed back to Customer. Customer shall return equipment in good operating condition to "Techmaster".

"Techmaster" warrants that each piece of equipment rented meets manufacturer specifications during the course of the rental. Rental credit will be issued for any period an equipment piece does not meet this warranty.

Title/Ownership "Techmaster" retains title to all rental equipment. The equipment shall remain the property of "Techmaster" and is provided to Customer solely on a rental basis without any option to purchase unless such an option is granted prior to the commencement of the rental period and set forth in writing.

Customers are precluded from altering, assigning, modifying or encumbering in any way any instruments on rent from "Techmaster".

The Customer is responsible for loss of or damage to equipment from receipt until it is received or returned to "Techmaster". Loss of or damage to equipment will obligate the Customer to replace or repair the equipment at customer's expense or remit the full fair market price to "Techmaster". It is understood that the rental fees will continue through the minimum rental term or until such replacement equipment or the replacement cost is received by "Techmaster", whichever is later.

Upon default "Techmaster" may at is option, repossess, re-rent or sell the equipment and sue for any loss or revenue deficiency permitted by law, with or without notice to Customer. Customer will allow "Techmaster" to enter upon Customer's premises to repossess or remove said property and such removal shall not constitute a termination of Customers' obligation. Customer agrees to pay all costs and expenses, including all attorney fees and any court costs incurred by "Techmaster" in the repossession, re-renting, releasing, transportation, handling or selling of the property.

 
Contact us

We're not around right now. But you can send us an email and we'll get back to you, asap.

Questions, issues or concerns? I'd love to help you!

Click ENTER to chat