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THIS EXPRESS WARRANTY SUPERCEDES ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Advance authorization is required before any product is returned to Interface. Prior to the return of any product, write or call the Repair Department at Interface advising them of:
Non-verified problems or defects may be subject to an evaluation charge. Please return the original calibration data with the unit.
All repairs of Interface products are warranted for a period of 90 days from date of shipment. This warranty applies only to those items which were found defective and repaired; it does not apply to products in which no defect was found and returned as is or merely recalibrated. Out of warranty products may not be capable of being returned to the exact original specifications.
“Seller” means Interface, Inc. “Buyer” means the person, firm or company to whom the Purchase Order is issued by Seller. “Products” means materials, supplies, items, equipment, work and/or services covered by the Purchase Order.
Upon Buyer’s Acceptance of Seller’s Sales Quote and Seller’s acceptance of the Purchase Order in writing, the Buyer and Seller expressly acknowledge and agree that the terms and conditions that (a) are set forth in these Terms and Conditions, attached to the Sales Quote, (b) appear or are specifically referenced in the Purchase Order, and/or (c) are set forth on any other attachments to the Purchase Order and/or these Terms and Conditions shall collectively constitute the sales contract between the parties, all of which are incorporated herein by this reference (collectively, the “Sales Contract”) except, materially different or additional terms and conditions in Buyer’s Purchase Order that materially alter the Sales Quote and these Terms and Conditions are not to be considered accepted by Seller and are not part of the Sales Contract . If the Sales Quote is inconsistent with these Terms and Conditions, inconsistent terms or conditions set forth in the Sales Quote shall govern.
The Sales Contract between Buyer and Seller shall consist of the terms and conditions contained in the Sales Contract together with any revisions or modifications of such terms mutually agreed to in writing by Buyer and Seller. Seller shall not be bound by any additional or different terms not contained in the Sales Contract or otherwise agreed to in writing by Buyer and Seller, including, without limitation, (a) any additional or different terms in the Buyer’s form of purchase order, (b) any other communication from Buyer to Seller, and/or (c) any prior courses of dealing, usages of the trade, and/or verbal agreements.
Except as otherwise provided in this Sales Contract, the terms of this Sales Contract cannot be modified, terminated, and/or repudiated, in whole or in part, except as agreed upon by Buyer and Seller in writing. Seller, at its option, may treat any attempted modification, termination, or repudiation by Buyer to which Seller does not assent in writing as a breach of the entire Sales Contract by Buyer and, in such event, Seller shall have all remedies available under the Sales Contract or applicable law. If all or part of the Sales Contract is terminated by a written agreement between Buyer and Seller (“Termination Agreement”), except as otherwise provided in such Termination Agreement, Buyer shall pay termination charges to Seller as follows: (a) the price provided in the Sales Contract for all Products assembled in whole or in part on or before the effective date of the Termination Agreement,
(b) the actual expenses incurred by Seller in connection with the uncompleted portion of the terminated order, and/or (c) any reasonable profit estimated by Seller on the uncompleted portion of the order as of the effective date of the Termination Agreement. Notwithstanding anything to the contrary in this Sales Contract, Seller reserves the right to independently increase pricing for Products under the Sales Contract at any time or times if cost of materials for the Seller with respect to such Products increases ten percent (10%) or more prior to the delivery of such Products for reasons beyond Seller’s reasonable control.
The price of Products is set forth in the Sales Contract. Unless otherwise provided in the Sales Contract, Buyer shall pay the purchase price for Products within thirty (30) calendar days from the date of Seller’s shipment of such Products. Terms are FOB-Shipping Point (the Seller’s place of business). Buyer shall pay all shipping costs and bear the risk of loss of any shipment once such shipment leaves the Seller’s place of business.
Credit Card Fee: Buyer shall be obligated to pay, as part of the purchase price, an additional charge of 2.5% of the total gross amount of the purchase price if Buyer pays by using a credit card charge. No additional charge will be due if Buyer pays by using ACH or a check. Actual charges incurred by Seller, if any, for receiving payment by wire transfer will be included in the purchase price with no mark up.
Late Payment Fee: In order to reimburse Seller for its administrative expenses and for loss of use of funds, and not as a penalty, Buyer agrees to pay Seller a late charge of 1.5 % of the unpaid portion of the total gross amount of all or any portion of the purchase price that is not paid on or before the payment due date. Buyer agrees this late charge shall constitute a recurring charge; Buyer agrees to pay this late payment fee as a recurring charge every 30 calendar days thereafter in which all or a portion of the purchase price remains unpaid. Late charges shall be not assessed against accrued but unpaid late charges, but late charges shall accrue every thirty days in which any portion of the purchase price remains unpaid, and the amount due shall be added to previous accrued and unpaid late charges.
Special Packaging Fee: If Buyer requests that Seller provide semi-custom or custom packaging for the Products, which materially vary from Seller’s typical packaging for the Product, Seller in its discretion may charge Buyer, as part of the purchase price, a special handling fee of up to $10.00 per Product unit shipped to Buyer.
The price for any Product as reflected on the Sales Contract does not include any applicable tax or other governmental charges upon the sale, shipment or use of such Product including, without limit, any sales, use, excise, privilege or similar taxes. To the extent that Seller is required to pay or collect such tax or other charges from the Buyer, Buyer shall pay such tax or other charge to Seller along with the purchase price unless Buyer furnishes any applicable exemption certificates to Seller that are in form and substance acceptable to Seller and the appropriate taxing authority.
Buyer acknowledges that any shipment schedules provided by the Seller are approximate and are based on conditions at time of the Seller’s acceptance of this Sales Contract. Seller shall attempt to effect delivery of Products by the date specified for the delivery of such Products in the Sales Contract, but Seller shall not be responsible or liable for delays in or failure to make deliveries as a result of any cause beyond Seller’s reasonable control. In such cases, Seller reserves the right to terminate the order or to reschedule the delivery within a reasonable time. In no event shall Seller be liable for incidental or consequential damages resulting from failure to meet any requested delivery schedules.
Except as otherwise provided in the Sales Contract, Seller warrants that its Products shall be free from defects in material and workmanship for the full warranty period under normal and proper use when correctly installed. Except as otherwise agreed upon by the Seller and Buyer in writing, (a) the warranty period for any load cells is two years from the date of shipment, and (b) the warranty period for any other Products is one year from date to shipment. Buyer shall promptly notify Seller in writing of any malfunction in the Products, which notification shall describe the malfunction in sufficient detail to permit Seller to isolate the malfunction. Upon Seller’s receipt of written notification from Buyer, Seller will provide Buyer with instructions on returning the Product under a warranty claim. Upon receipt of any Product returned by Buyer, Seller shall test the Product in order to isolate any malfunctions in the Product. Subject to Section 9 below, if Seller determines that the malfunction is not due to nonconformity with the specifications set forth in the Sales Contract or defects in Seller’s workmanship, the Buyer’s exclusive remedy and Seller’s sole liability under this warranty will be for Seller, at its sole option and expense, to correct or replace the nonconforming or defective Productor refund the purchase price.
IMPORTANT; BUYER’S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF A PRODUCT NOT BEING FREE OF DEFECTS IN MATERIAL AND WORKMANSHIP OR NOT CONFORMING IS PURSUANT TO THIS WARRANTY; IF A VALID WARRANTY IS TENDERED TO SELLER, AT THE OPTION OF SELLER, SELLER MAY IN ITS SOLE DISCRETION (1) REPAIR, CORRECT, OR REPLACE THE NONCONFORMING OR DEFECTIVE PRODUCT OR (2) RETURN THE PURCHASE PRICE TO BUYER. BUYER SHALL HAVE NO OTHER REMEDIES.
Notwithstanding anything to the contrary in Section 8 above, the foregoing warranty shall not apply to the extent that the Seller determines that any nonconformity in a Product is caused by: (a) any modification, repair or alteration of the Product by Buyer or any third party, except as expressly authorized in writing by Seller; (b) a use of the Product contrary to (i) the specifications for the Product as set forth in the Sales Contract, or
(ii) the Product’s intended use; (c) any failure related to the Product arising out an incorporation or combination with a component, material or third-party product by Buyer or any third party, except as expressly authorized in writing by Seller; (d) extrinsic causes, including but not limited to, natural disasters, fire, smoke, flood and other water damages, earthquakes, and civil unrest, or (e) any misuse, willful misconduct, and/or negligence by Buyer or any third party with respect to the use of such Product. Buyer agrees and acknowledges that Seller has no responsibility, and shall bear no liability, with regard to assuring that the Products are locally compliant in any jurisdiction in which the Products are commercialized or exported, other than the United States of America. Seller makes the warranty set forth in this Sales Contract solely for the benefit of Buyer and no other party. Seller makes no warranties of any kind to any third party. Buyer acknowledges and agrees that Buyer shall be solely responsible for any third party’s use of any Product.
THE WARRANTY SET FORTH IN THIS SALES CONTRACT IS IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS OR OTHER TERMS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TERMS AS TO QUALITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, COURSE OF DEALING, TRADE USAGE, OR OTHERWISE, WHETHER IMPLIED BY CUSTOM OR PURSUANT TO APPLICABLE LAW.
IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS SALES CONTRACT OR CONNECTED IN ANY WAY WITH OR RESULTING FROM THE MANUFACTURE, SALE, DELIVERY, RESALES, REPAIR, REPLACEMENT, OR USE OF THE PRODUCT, WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY ,OR OTHERWISE, EVEN IF SUCH PARTY HAD BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
Products that consist of non-standard catalog parts or custom part orders are accepted by Buyer on a non-cancellable/non-returnable policy, except with respect to any warranty claim by Buyer. Subject to Section 13 below, the Seller (in its sole discretion) reserves the right to approve in writing a return of any standard catalog items within thirty (30) calendar days of Buyer’s receipt of shipment, provided that (a) Buyer shall pay all shipping costs and shall pay Seller a twenty percent (20%) restocking fee, which amount shall be paid to Seller immediately upon Seller’s approval of such return except to the extent Seller, at it option, elects to offset such amount against the purchase price previously paid to Seller by Buyer for such Product, and (b) the Product has not been installed and is returned by Buyer in a like-new resalable condition as determined by Seller in its sole discretion. Any damaged or missing Products in any shipment must be reported by Buyer to Seller in writing within fifteen (15) calendar days of Buyer’s receipt of such shipment.
A Return Authorization (RMA) executed by Seller, in its sole discretion, is required for all customer returns of any Product under the Sales Contract. Prior to the return of any Product, Buyer shall provide Seller with the following information with respect to such Product: (a) part number, (b) serial number, (c) a technical description of the defect to include test data or written observations of the failure, as well as specific corrective action required, and (d) sales order or purchase number from the initial purchase transaction.
The Seller is an independent contractor of Buyer. Nothing contained in this Sales Contract shall be construed as creating any agency, partnership, employment or fiduciary relationship. Neither party shall have authority to bind the other party in any manner whatsoever.
Neither Buyer or Seller shall be liable to the other for any delay or failure in performing its obligations under the Sales Contract or to the extent that such delay or failure is caused by an event or circumstance that is beyond the reasonable control of that party, without such party’s fault or negligence, and which by its nature could not have been foreseen by such party (“Force Majeure Event”). Force Majeure Events include, without limitation, acts of God or the public enemy, government restrictions, floods, fire, earthquakes, explosion, epidemic, war, invasion, terrorist acts, riots, strike, or embargoes.
THIS SALES CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF ARIZONA, UNITED STATES OF AMERICA, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW PROVISION OR RULE (WHETHER OF THE STATE OF ARIZONA OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF ARIZONA. ANY ACTION BROUGHT TO ENFORCE THIS SALES CONTRACT OR BASED ON ANY MATTER ARISING OUT OF THIS SALES CONTRACT SHALL BE SUBJECT TO MANDATORY ARBITRATION AND IF ARBITRATION FOR ANY REASON IS NOT COMPELLED, ANY LEGAL ACTION SHALL BE COMMENCED AND MAINTAINED ONLY IN FEDERAL OR STATE COURT IN MARICOPA COUNTY, STATE OF ARIZONA, U.S.A.
The Parties agree that any dispute between them arising from or related to this Sales Contract or the Product shall be submitted to binding arbitration before one arbitrator, pursuant to the commercial rules then in effect of the American Arbitration Association. The arbitration shall be conducted in Maricopa County, Arizona. The Arbitrator in his or her discretion may award reasonable attorney’s fees, costs, and expenses, including but not limited to the fees of the American Arbitration Association, to the prevailing party.
The Parties hereby acknowledge that each is waiving its right to a jury trial and its right to a trial before a judge, and that appeal rights from an arbitration proceeding are very limited.
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Contact Us
7401 E. Butherus Dr
Scottsdale, AZ 85260 USA
digmktg@interfaceforce.com
480-948-5555
Our extensive technical library has just about everything you need from cable length effects to glossaries to system calibrations and load cell troubleshooting. If you don’t find what you need, just hit the “contact us” button!
The creation of this instructional guide, Interface Load Cell Field Guide, was driven by a statement in Interface’s mission to always go above and beyond. We believe this informative reference is a helpful resource from the company that is recognized as pioneers in force measurement and load cell design and manufacturing.
Our team of the most innovative load cell engineer’s best understand their design, capabilities, multitude of uses, and capacities. They are eager to share their knowledge and collective expertise to help other engineers and designers with load cell fundamentals to help make better force measurement decisions.
Interface’s Load Cell Field Guide was first published in 2014. As a result, we have heard how much the book helps fellow engineers around the world learn about the intricacies of load cell design and about some of the many applications of load cells in force measurement. In our new edition, we updated essential information to provide more value to load cell users and force measurement enthusiasts.
Interface has been designing and manufacturing load cells since our founding in 1968. We are extremely proud of our history and our products. As we move into our 2nd 50, we continue our commitment to provide the absolute best in force measurement solutions.
We know our customers rely on our products to make their products perform at their best. Our purpose is to enable innovation across all industries. Innovation that improves people’s lives and keeps them safe.
This means quality in products and production are cornerstones for our business. Interface is an integrated manufacturing operation. Whether we are making standard off the shelf Interface LowProfile load cells, modified minis, or our custom designed torque or wireless solutions, we control the process from the initial customer quote until the products ship out the door. We believe that beyond a great design, the process and control of the process are what enables a load cell to have the accuracy and dependability of an Interface Load Cell.
The load cell starts in our factory as a raw piece of steel, aluminum, or other metal that is then machined, gaged, wired, finished, and finally calibrated. As you can understand from this book, strain gages are what make a load cell a load cell. How they are made and how they are handled is critical to the operation and accuracy of a load cell. That is why we chose to be one of the only load cell companies in the world that manufactures its own strain gages.
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