SPI Website Terms & Conditions

The Terms and Conditions presented herein by Swiss Precision Instruments Inc. (hereinafter referred to as "SPI") apply to all purchases by retail customers of SPI products from SPI's authorized dealers and are subject to update. Purchases and sales of products by SPI to its autho-rized dealers are subject to the Terms and Conditions set forth in the Price Index with respect to which such product was purchased.

Your purchase means you have accepted our Terms and Conditions in effect as of the date of purchase. We disclaim any other Terms and Conditions contained in any customer purchase order, order form or otherwise unless expressly agreed by us in writing.

Warranties

SPI Brand. SPI brand products shall be free from defects in material and workmanship for a period of 2 years from the date of shipment. All returns to SPI by consumers must be made through an SPI authorized dealer. Parts found to be defective in material and workman-ship by SPI during the warranty period shall be replaced or repaired at SPI's sole discretion, as the exclusive remedies. Products found by SPI to be modified, altered, misused, abused or neglected will void the SPI warranty. Parts not covered by this warranty are normal wear or consumable parts such as (but not limited to) belts, filters, greases and lubricants, batteries, lamps, brakes and blades. This warranty is exclusive and in lieu of any and all other warranties whether written or oral, expressed or implied, including, but not limited to, any warranty of merchantability and any warranty of fitness for a particular purpose and any warranty of non-infringement, including those instances where changes, alterations or modifications are made in materials at the request or instruction of the consumer.

This warranty is solely for the benefit of the original retail consumer and may not be assigned. SPI will not honor any warranties stated or implied on grey market SPI products. SPI brand products bought through unauthorized dealers carry NO WARRANTY from SPI. SPI reserves the right not to replace, repair or service any instrument that was purchased through unauthorized dealers.

Other Brands. Except as provided above, the only warranties applying to materials sold are those, if any, specifically provided by the manufacturer to be honored by the manufacturer. Items marked Lifetime Warranty are subject to manufacturer's warranty terms. As seller, SPI makes no warranties, whether written or oral, expressed or implied. SPI disclaims any express or implied warranties of performance, merchantability, fitness for a particular purpose, workmanship, quality, durability, suitability or non-infringement, including, without limitation, in those instances where changes, alterations, or modifications are made in materials at the request or instruction of the consumer, and the consumer agrees not to claim or commence suit against SPI based on any such disclaimed warranties or such manufacturer's warranties. Such manufacturer's warranty is exclusive and in lieu of any and all other warranties whether written, oral, expressed or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose or non-infringe-ment.

Limited Liability

In no event shall SPI be liable for any incidental, special, indirect, punitive or consequential damages or lost profits of any nature, however caused and on any theory of liability, arising out of the purchase, including but not limited to loss of anticipated opportunity or profits, even if advised of the possibility of such damages. SPI shall not be responsible for computer or electronic interruptions, mechanical or electrical breakdowns, strikes, labor slowdowns, war, terrorism, riots, severe weather conditions, natural disasters, acts of God or any other forces beyond the reasonable control of SPI, LTL shipments and other non-scheduled carriers, branch ship-ments (due to earlier pickups), back ordered items, replacement orders, new accounts (first order), orders requiring credit review, and supplier manufacturing deficiencies. SPI's obligation is limited only to the repair or replacement of defective parts as set forth herein.

Dangerous Goods/Hazardous Materials

All hazardous materials require special handling, labeling and packaging. All orders are shipped F.O.B. SPI's distribution facility or manufactur-er's facility for drop shipments. Title and risk of loss pass to consumer on delivery to the common carrier or upon consumer pickup. Carrier surcharges may apply and will be passed along to you. Please contact our Customer Service Department for details. SPI ships and offers dangerous goods/hazardous materials only for domestic ground shipment to consumer or its agent. Hazardous materials will not be shipped to Alaska or Hawaii or exported outside of the contiguous United States and may be subject to local, state and federal regulations which may delay or prohibit shipments.

Material Safety Data Sheet (MSDS)

An MSDS is a document required by the Occupational Safety and Health Administration (OSHA) and provides specific Safety, Health and Environmental information about a product deemed to be hazardous (e.g. Hazardous Ingredients, Physical Hazards, Health Hazards, Safe Handling, Control Measures and more). Manufacturers or importers are required to produce MSDSs and employers are required to have them available for their staff as per OSHA's Hazard Communication Standard 29 CFR 1910.1200. SPI provides MSDSs to its authorized dealers when required as advised by the manufacturer. An authorized dealer will receive a MSDS for a product when: it orders the product for the first time, an updated MSDS is received from the manufacturer/importer; or it requests another MSDS. SPI expressly relies on the MSDSs developed by the product manufacturer or importer and the evaluations contained therein. SPI will provide labeling and storage information as provided in the MSDS by the manufacturer. SPI will not independently review or verify the MSDS and makes no guarantees to the accuracy of MSDS content prepared by the manufacturer. As a distributor, SPI does not modify or alter product labels from the chemical manufacturer; the chemical products will have the labels as provided by the manufacturer. To obtain an MSDS, please contact SPI's Customer Service Department at 888-774-8200 [or via e-mail to customerservice@swissprec.com.]

California Proposition 65

Some products may contain certain chemicals and, therefore, may be subject to warning requirements of California Proposition 65. Proposition 65 requires that packages of products containing certain chemicals identified by the State of California as causing cancer, birth defects or other reproductive harm contain warnings. SPI relies on the manufacturer regarding the hazardous chemicals in their products and makes no representations or warranties regarding the information provided by the manufacturer.

VOC (Volatile Organic Compounds) Limits

SPI may be prohibited from offering certain products containing VOCs and consumers may be prohibited from purchasing or using certain products containing VOCs due to restrictions or requirements of various federal, state, local and other authorities having jurisdiction in these matters. VOC restrictions may change periodically without notice. Consumers should consult the regulations applicable to these products to ensure compliance. SPI relies on the manufacturer regarding the VOC content of their products and makes no representations or warranties regarding the information provided by the manufacturer.

Ozone Depleting Substances (ODS)

SPI may be prohibited from offering or replacing certain products that contain chemicals (hydrochlorofluorocarbons) to consumers that are not commercial customers as defined by regulations issued by the United States Environmental Protection Agency (USEPA). As per the USEPA regulations, it is a violation of federal law to sell, distribute, or offer to sell or distribute any chlorofluorocarbon or aerosol hydrochlorofluorocarbon containing cleaning fluid for electronic and photographic equipment to anyone who is not a commercial user of this product. The penalty for violating this prohibition can be up to $25,000 per sale. Individuals purchasing such products must present proof of their commercial status in accordance with Title 40 of the CFR 82.68(a) or (c). ODS restrictions may change without notice and consumers should consult the ODS regulations and are responsible for compliance with all the ODS regulations.

Restrictions of Hazardous Substances (RoHS)

The European Union, China and South Korea have implemented legislation that limits, requires disclosure or that may prevent the sale of electronic products or electronic equipment when the amounts of the following chemical substances exceed threshold limits: Lead, Mercury, Hexavalent Chromium, Cadmium, Polybrominated ether (PBB), and Polybrominated diphynel ether (PBDE). SPI is collecting data from our suppliers to confirm their compliance to these regulations. SPI reserves the right to change its terms and conditions and disclosures without notice to comply with such regulations.

Mercury-Containing Products

Some products may contain mercury and may, therefore, be subject to federal, state, or local regulations regarding their purchase, use, handling and/or disposal. Consumers should consult the regulations applicable to their operations regarding these products. SPI shall not be responsible for the proper handling or disposal of such items. SPI relies on the manufacturer regarding the mercury content of their products and makes no representations or warranties regarding the information provided by the manufacturer.

Energy Efficiency

SPI may be prohibited from offering certain products that do not meet federal, state, and/or local requirements for energy efficiency. Energy efficiency requirements may change without notice. Consumers should consult the regulations applicable to these products to ensure compliance. SPI relies on the manufacturer regarding the energy efficiency rating of its products and makes no representations or warranties regarding the information provided by the manufacturer.

Handling and Disposal

Numerous federal, state, and local codes, regulations and laws may apply to the disposal of products. Consumer is solely responsible for proper handling and disposal of purchased items and should review and ensure compliance with all such codes, regulations and laws.

Export Controls and International Shipments

SPI products and services, including user manuals and software, are subject to U.S. export control laws, regulations and administrative policies. Consumer acknowledges that it is familiar with such laws and regulations and it agrees to abide by them in all respects. Diversion of products and/or services contrary to U.S. law is prohibited. Consumer understands that a license, written approval or other authorization may be required from the Bureau of Industry and Security of the U.S. Department of Commerce, the Directorate of Defense Trade Controls of the U.S. Department of State or other U.S. government agency prior to the export or reexport of these items from the United States Guidance may be found at http://www.bis.doc.gov or http://www.pmddtc.state.gov. Consumer further understands that it is unlawful to export, reexport or transfer, or to attempt to export, reexport or transfer these items to individuals or entities on the List of Debarred Parties, Denied Persons List, Specially Designated Nationals List, Entity List, Unverified List or Nonproliferation Sanctions List, as well as sales or transfers to Embargoed Countries (currently, Cuba, Iran, North Korea, Syria and Sudan). It is the consumer’s responsibility to be aware of these Lists and Embargoes. These Lists may be accessed at http://export.gov/ecr/eg_main_023148.asp.

Responsibility

The value of the defective product or material is our only liability. All specifications and technical data has been supplied by the manufacturer and is listed only as a convenience. We do not warrant or represent that the merchandise complies with the provisions of any law, particularly the Walsh-Healey Public Contracts Act, and the Occupational Safety and Health Act of 1970, and regulations promulgated thereunder.

Compliance with Laws

Some products may be obtained from multiple supply sources located throughout the United States. Many states and localities have codes and regulations governing sale, offering for sale, distribution, construction, installation and use of products for certain purposes and/or containing certain regulated substances, which may vary from those in neighboring areas. This includes, but is not limited to, CSA, FAA, DOT, NEC, UL, NOM, IATA, IMDG, CE, DIN, OSHA, EPA, and ANSL, concerning the use or installation of items and any state or local regulations arising under or relating to such laws concerning the sales, purchase, use or installation of products. SPI does not guarantee compliance with any law and assumes no responsibility for how the items are used or installed. Consumer has the sole responsibility for compliance with all applicable codes regulations and laws and before purchase and use of the product must review and ensure full compliance with such codes, regulations and laws concerning the use or installation of the products.

Website Errors

Although all information displayed on our website and in our printed catalogs/flyers has been carefully checked for accuracy, errors and omissions occasionally occur and therefore are subject to correction. We regret any inconvenience.

The SPI website uses “cookies” to make your experience more efficient. Cookies are commonly employed by websites for just this purpose.

General; Severability

Any representation, affirmation of fact and course of dealing, promise or condition, or usage of trade not incorporated herein shall not be bind-ing on either party. If any provision hereof shall be unenforceable, invalid or void for any reason, such provision shall be automatically voided and shall not be part of these Terms and Conditions and the enforceability or validity of the remaining provisions shall not be affected thereby.

SPI and consumer are independent contractors and not principal and agent. Nothing contained in these Terms and Conditions shall be construed to create a partnership, dealership, reseller, agency, employment or joint venture relationship. Consumer will not have the right to bind or otherwise obligate SPI in any manner, nor will consumer represent to anyone that it has the right to do so.

Consumer shall have no right to copy or use any of the intellectual property of SPI or its suppliers without SPI's permission. All materials contained in SPI's website are subject to the ownership rights of SPI and its suppliers.

Waiver; Choice of Law; Jurisdiction

The failure of either party to assert a right hereunder or to insist upon compliance with any term or condition will not constitute a waiver of that right or excuse any subsequent nonperformance of any such term or condition by the other party. The provisions of the Uniform Commercial Code, as adopted in the State of California, shall apply (except as expressly modified hereby) with no application of the United Nations Convention on Contracts for the International Sale of Goods. All transactions shall be governed by the laws of the State of California, excluding conflict of law rules that would require the application of the laws of any other jurisdiction, and venue shall be in Orange County, State of California. TRIAL BY JURY IS HEREBY WAIVED.

Miscellaneous

These policies supersede all previous policies. SPI reserves the right to change prices, design, description, graphical representations, and discontinue products at any time and without prior notice. All orders are subject to the prices, terms, and conditions in affect at the time of submission. Our Customer Service Department can be reached at 888-774-8200 or e-mail to customerservice@swissprec.com.

These policies supersede all previous policies. SPI reserves the right to change prices, design, description, graphical representations, and discontinue products at any time and without prior notice.