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Terms and Conditions of Sale

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TERMS & CONDITIONS OF SALE

Precision Dynamics Corporation (PDC)

Current Terms and Conditions can be found at www.pdcorp.com/terms.html

These Terms and Conditions shall govern any sales transactions between Precision Dynamics Corporation (PDC) and any buyer of goods from PDC (a “Purchaser”). These Terms and Conditions shall be deemed an essential part of every Quotation issued by PDC and every Acknowledgment issued by PDC. These Terms and Conditions supersede for all purposes all prior correspondence, Purchaser’s order to PDC, any past or future order by Purchaser, and any other agreement by any agent of either party respecting the goods sold by PDC to Purchaser. Purchaser accepts these terms and conditions by the placement of an order or by accepting delivery of the goods. Purchaser’s acceptance of these terms and conditions will form the contract between the Parties (the “Contract”). No addition to, or other modification of, these terms and conditions (including any attempted modification by Purchaser through Purchaser’s order or other document) shall be binding on PDC unless acknowledged in writing by PDC. PDC hereby expressly objects to, rejects and will not be bound by any terms and conditions in Purchaser’s order or any other document, which are in conflict with or in addition to the terms and conditions herein. Shipment by PDC of the goods whether after the receipt of Purchaser’s order or otherwise, shall not constitute an acceptance of the terms and conditions of Purchaser, as PDC rejects any and all terms and conditions of Purchaser.

PDC Healthcare Terms & Conditions

These Terms and Conditions can also be found at www.pdchealthcare.com

PAYMENT TERMS 

Payment terms are net 30 days. Credit application may be required for terms. State and local taxes, if applicable, will be included when invoiced. Precision Dynamics Corporation (PDC) accepts American Express, Mastercard, Visa, and check at the time of order. We accept and encourage electronic payments (ACH/wire). All prices are in U.S. dollars. Foreign import duties and exchange rates, if any, are the responsibility of the customer. 

PRICE/DELIVERY TERMS 

Unless otherwise stated in writing, price and delivery terms are F.O.B. origin (site of shipment), as defined in Incoterms 2000, and such prices do not include sales, use or other taxes or any export package cost, transportation, freight handling charges, export/import license fee, customs duties and the like, all of which shall be paid by Purchaser. Unless otherwise agreed to in writing, delivery dates are estimates only, and PDC shall not be liable for any damages, consequential or otherwise, resulting from the failure to deliver the goods by a particular date. 

CUSTOM PRODUCTS 

Precision Dynamics Corporation (PDC) has the capability to produce custom wristbands and labels to your specifications. Please call your local Precision Dynamics Corporation (PDC) sales representative or Customer Care for additional information and assistance at 800-435-4242. Please allow at least 15 working days for new custom orders and 10 working days for repeats after approval of proof. 

To ensure accuracy, it is recommended that all orders for custom imprinted products be submitted in writing, accompanied by a copy or actual sample of imprint. Minimum quantities may be required. Due to manufacturing fluctuations on custom products, we reserve the right to ship +/- 10% of the quantity ordered. Invoices will be adjusted to reflect the actual quantity shipped unless purchase order states no over or under shipments. 

In the event Purchaser desires to cancel an order, PDC may accept such cancellation in its sole discretion upon cancellation of a custom order, once a purchase order has been issued, the customer will be responsible for all production charges accrued through the date of notification of cancellation and any product already produced prior to the receipt of cancellation. Precision Dynamics Corporation (PDC) assumes no responsibility for custom label orders on which the customer has made an error in quantity or label specifications. 

Customer assumes sole responsibility for accuracy and use of artwork and agrees to defend and indemnify Precision Dynamics Corporation (PDC) from any and all claims for copyright, patent or trademark infringement relating to customer supplied materials, art work and/or design. By signing/approving any artwork, customer certifies that it is legally authorized to use such designs, logos, trade names, and/or trademarks. 

OTHER THAN FOR WARRANTY CLAIMS, CUSTOM PRODUCTS SHALL NOT BE ACCEPTED FOR RETURN.

Tooling, Negatives, Plates, Artwork And Overruns. If Purchaser pays for tooling, negatives or plates (collectively "tooling") then such tooling will be the property of Purchaser and will be maintained free of charge by PDC while being used in production and for twenty four (24) months following the last date of use, after which the tooling will be destroyed, unless otherwise agreed in writing. If Purchaser does not pay for tooling, then any such tooling will be the property of PDC. All artwork submitted by Purchaser is subject to the approval of PDC. PDC will notify Purchaser of any additional charges for retouching or reworking and will bill Purchaser at cost for same. On custom product orders PDC reserves the right to ship not in excess of ten percent over or under the quantity ordered unless purchase order states no over or under shipments.

PDC RETURN POLICY 

PDC will accept returns under the following conditions: 

When the customer orders in error and the product is not older than 60 days from the date of invoice. Return freight is the responsibility of the customer. A 15% restocking fee will be assessed for all products. Customer will receive credit for original order, excluding any freight charges. 

When a PDC error or product defect occurs, if reported to PDC within 60 days from the date of invoice, full credit, including freight, will be issued.

All returns for credit require a written Return Merchandise Authorization (RMA) number from PDC.

No returns will be accepted without a RMA number. The RMA number must have supporting paperwork indicating original purchase order number, PDC sales order number, date of original order, etc. If a return is submitted without an RMA number, product will be refused and sent back to the customer at customer’s expense.

Call tags will be issued for customers with the exception of large shipments or pallets. The decision to issue call tags will be based on the reason for the return for large shipments or pallets.

Merchandise must be returned in full boxes, original packaging and in saleable condition as determined by PDC at its sole discretion. 

Authorized returns must be received by PDC within 30 working days from the date of RMA issuance.

If there is any loss or damage at the time of delivery, it is essential to note it on the delivery receipt. Any concealed damage should be reported to the delivering carrier within 15 days. Keeping the entire package is necessary until after the carrier issues a concealed damage inspection report.

WARRANTY 

Products sold are of merchantable quality at the time they are delivered, and are manufactured in conformance with PDC’s specifications, drawings, or other descriptions; and that PDC conveys good and marketable title to them upon completion of sale.

PDC warrants against defects in material, workmanship, design, and manufacturing. PDC further represents and warrants that the products will conform to the specifications, drawing, and samples furnished by PDC and will be safe for their intended use. 

If any products are defective and a claim is made, Precision Dynamics Corporation (PDC) will replace the defective products. Precision Dynamics Corporation (PDC) will bear all costs of returning and replacing the defective products. 

To the maximum extent permitted by applicable law, Precision Dynamics Corporation (PDC) disclaims all other warranties, expressed or implied, including but not limited to implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose with respect to the products. 

Precision Dynamics Corporation (PDC) makes no other warranties other than those expressly provided for herein. In no event and under no circumstances whatsoever shall PDC and Purchaser be liable to each other for any indirect, special, or consequential damages, whether foreseeable or unforeseeable and whether based upon lost goodwill, lost resale profits, loss of use of money, work stoppage, impairment of other assets, or otherwise and whether arising out of breach of warranty, breach of contract, strict liability in tort, negligence, misrepresentation, or otherwise, except only in the case of personal injury where applicable law requires such liability. 

GENERAL 

The invalidity or unenforceability (in whole or in part) of any provision, term or condition hereof, will not affect in any way the validity and enforceability of the remainder of such provision, term or condition, or any other provision, term or condition. These Terms and Conditions may not be modified, terminated or repudiated, in whole or in part, except in a writing executed by the authorized representatives of PDC and Purchaser. PDC may, at its sole option, treat any attempted modification, termination, or repudiation to which it does not assent in writing, as a breach of these Terms and Conditions. Upon any breach by Purchaser, or failure by Purchaser to comply with any of these Terms and Conditions, or if Purchaser becomes unable to conduct its normal business operations (including inability to meet its obligations as they mature), or if Purchaser becomes the subject of any proceeding under any state or federal bankruptcy law or other law, or makes any assignment for the benefit of creditors, PDC will have the right to immediately cancel or terminate any and all agreements with or obligations to Purchaser relating to sales of the goods, in whole or in such part, which may result in the nonshipment or cancellation of Purchaser's pending or future order(s) and/or termination of Purchaser's relationship with PDC, and to recover from Purchaser damages for breach (excluding consequential damages) and any unpaid installments due shall become immediately due and payable. All remedies in these Terms and Conditions will be cumulative, and not alternative or exclusive, and will be in addition to all other rights and remedies provided by applicable law. The exercise or failure to exercise any remedy by PDC will not preclude the exercise of the same or other remedies under these Terms and Conditions. PDC will not be deemed to have waived any provision of these Terms and Conditions or any breach by Purchaser of any provision hereof, unless specifically set forth in writing and executed by an authorized representative of PDC. No such waiver by PDC will constitute a waiver of such provision or breach on any other occasion. PDC shall not be responsible for any failure to fulfill its obligations hereunder due to causes beyond its reasonable control, including without limitation, acts or omissions of government or military authority, terrorist actions, acts of God, shortages of materials, transportation delays, fires, floods, labor disturbances, riots or wars. These Terms and Conditions, and the transactions contemplated hereby, will be governed by, construed and interpreted in accordance with the substantive laws of the Wisconsin (excluding the Convention on Contracts for the International Sale of Goods) without regard to its conflict of laws rules. Any legal action with respect to any such transaction must be commenced within one year and one day after the cause of action has accrued. These Terms and Conditions, together with any quotation, order acceptance, or invoice subject to these Terms and Conditions, constitute the entire agreement and understanding of PDC and Purchaser. PDC assumes no liability except as expressly provided in these Terms and Conditions.

ARBITRATION 

Any and all disputes arising under or relating to these Terms and Conditions and the transactions contemplated hereby shall be determined by binding arbitration in Milwaukee, Wisconsin in accordance with the International Arbitration Rules of the American Arbitration Association, and be conducted in the English language.

ETHICS AND PRIVACY POLICIES - INVOICE

PDC is a Brady Corporation Business. Brady Corporation has a global Code of Ethics Policy (the “Policy”), which governs the behavior and relationships between Brady’s employees and its customers, suppliers and distributors. The Policy can be viewed at www.bradyethics.com, under the Code of Conduct tab. If you believe that a PDC or Brady employee's conduct violates the terms of this Policy, please report the violation by using the confidential website (www.bradyethics.com).

These Terms and Conditions may be modified by pre-established written contracts between Precision Dynamics Corporation (PDC), Customers and or Group Purchasing Organizations.

PDC Solutions Terms & Conditions

These Terms and Conditions can also be found at www.pdcsolutions.com

PAYMENT TERMS 

All online orders must be pre-paid in full prior to shipment. State and local taxes, if applicable, will be included when invoiced. Precision Dynamics Corporation (PDC) accepts American Express, Mastercard and Visa at the time of order. All prices are in U.S. dollars. Foreign import duties and exchange rates, if any, are the responsibility of the customer.

Net 30 days payment terms available for offline orders pending approval of credit application. We also accept and encourage electronic payments (ACH/wire).

PRICE/DELIVERY TERMS 

Unless otherwise stated in writing, price and delivery terms are F.O.B. origin (site of shipment), as defined in Incoterms 2000, and such prices do not include sales, use or other taxes or any export package cost, transportation, freight handling charges, export/import license fee, customs duties and the like, all of which shall be paid by Purchaser. Unless otherwise agreed to in writing, delivery dates are estimates only, and PDC shall not be liable for any damages, consequential or otherwise, resulting from the failure to deliver the goods by a particular date.

CUSTOM PRODUCTS 

Precision Dynamics Corporation (PDC) has the capability to produce custom wristbands to your specifications. Please call your local Precision Dynamics Corporation (PDC) sales representative or Customer Service for additional information and assistance at 800-255-1865. Please allow at least 10 working days for new custom orders and 7 working days for repeats after approval of proof.

In the event Purchaser desires to cancel an order, PDC may accept such cancellation in its sole discretion upon cancellation of a custom order. Once a purchase order has been issued, the customer will be responsible for all production charges accrued through the date of notification of cancellation and any product already produced prior to the receipt of cancellation.

Customer assumes sole responsibility for accuracy and use of artwork and agrees to defend and indemnify Precision Dynamics Corporation (PDC) from any and all claims for copyright, patent or trademark infringement relating to customer supplied materials, art work and/or design. By signing/approving any artwork, customer certifies that it is legally authorized to use such designs, logos, trade names, and/or trademarks. 

OTHER THAN FOR WARRANTY CLAIMS, CUSTOM PRODUCTS SHALL NOT BE ACCEPTED FOR RETURN.

Tooling, Negatives, Plates, Artwork and Overruns. If Purchaser pays for tooling, negatives or plates (collectively "tooling") then such tooling will be the property of Purchaser and will be maintained free of charge by PDC while being used in production and for twenty four (24) months following the last date of use, after which the tooling will be destroyed, unless otherwise agreed in writing. If Purchaser does not pay for tooling, then any such tooling will be the property of PDC. All artwork submitted by Purchaser is subject to the approval of PDC. PDC will notify Purchaser of any additional charges for retouching or reworking and will bill Purchaser at cost for same.

PDC RETURN POLICY 

Stock Products

PDC will accept returns under the following conditions: 

  • When the customer orders in error and the product is not older than 60 days from the date of invoice. Return freight is the responsibility of the customer. A 15% restocking fee will be assessed for all products. Customer will receive credit for original order, excluding any freight charges. 

Custom printed or serialized products are not returnable unless approved in writing within 60 days.  

When a PDC error or product defect occurs, if reported to PDC within 60 days from the date of invoice, full credit, including freight, will be issued. 

All returns for credit require a written Return Merchandise Authorization (RMA) number from PDC. 

No returns will be accepted without a RMA number. The RMA number must have supporting paperwork indicating original purchase order number, PDC sales order number, date of original order, etc. If a return is submitted without an RMA number, product will be refused and sent back to the customer at customer’s expense. 

Call tags will be issued for customers with the exception of large shipments or pallets. The decision to issue call tags will be based on the reason for the return for large shipments or pallets. 

Merchandise must be returned in full boxes, original packaging and in good condition as determined by PDC at its sole discretion. 

Authorized returns must be received by PDC within 30 working days from the date of RMA issuance. 

If there is any loss or damage at the time of delivery, it is essential to note it on the delivery receipt. Any concealed damage should be reported to the delivering carrier within 15 days. Keeping the entire package is necessary until after the carrier issues a concealed damage inspection report. 

WARRANTY 

Products sold are of merchantable quality at the time they are delivered, and are manufactured in conformance with PDC’s specifications, drawings, or other descriptions; and that PDC conveys good and marketable title to them upon completion of sale. 

PDC warrants against defects in material, workmanship, design, and manufacturing. PDC further represents and warrants that the products will conform to the specifications, drawing, and samples furnished by PDC and will be safe for their intended use. 

If any products are defective and a claim is made, Precision Dynamics Corporation (PDC) will replace the defective products. Precision Dynamics Corporation (PDC) will bear all costs of returning and replacing the defective products. 

To the maximum extent permitted by applicable law, Precision Dynamics Corporation (PDC) disclaims all other warranties, expressed or implied, including but not limited to implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose with respect to the products. 

Precision Dynamics Corporation (PDC) makes no other warranties other than those expressly provided for herein. In no event and under no circumstances whatsoever shall PDC and Purchaser be liable to each other for any indirect, special, or consequential damages, whether foreseeable or unforeseeable and whether based upon lost goodwill, lost resale profits, loss of use of money, work stoppage, impairment of other assets, or otherwise and whether arising out of breach of warranty, breach of contract, strict liability in tort, negligence, misrepresentation, or otherwise, except only in the case of personal injury where applicable law requires such liability.

GENERAL 

The invalidity or unenforceability (in whole or in part) of any provision, term or condition hereof, will not affect in any way the validity and enforceability of the remainder of such provision, term or condition, or any other provision, term or condition. These Terms and Conditions may not be modified, terminated or repudiated, in whole or in part, except in a writing executed by the authorized representatives of PDC and Purchaser. PDC may, at its sole option, treat any attempted modification, termination, or repudiation to which it does not assent in writing, as a breach of these Terms and Conditions. Upon any breach by Purchaser, or failure by Purchaser to comply with any of these Terms and Conditions, or if Purchaser becomes unable to conduct its normal business operations (including inability to meet its obligations as they mature), or if Purchaser becomes the subject of any proceeding under any state or federal bankruptcy law or other law, or makes any assignment for the benefit of creditors, PDC will have the right to immediately cancel or terminate any and all agreements with or obligations to Purchaser relating to sales of the goods, in whole or in such part, which may result in the nonshipment or cancellation of Purchaser's pending or future order(s) and/or termination of Purchaser's relationship with PDC, and to recover from Purchaser damages for breach (excluding consequential damages) and any unpaid installments due shall become immediately due and payable. All remedies in these Terms and Conditions will be cumulative, and not alternative or exclusive, and will be in addition to all other rights and remedies provided by applicable law. The exercise or failure to exercise any remedy by PDC will not preclude the exercise of the same or other remedies under these Terms and Conditions. PDC will not be deemed to have waived any provision of these Terms and Conditions or any breach by Purchaser of any provision hereof, unless specifically set forth in writing and executed by an authorized representative of PDC. No such waiver by PDC will constitute a waiver of such provision or breach on any other occasion. PDC shall not be responsible for any failure to fulfill its obligations hereunder due to causes beyond its reasonable control, including without limitation, acts or omissions of government or military authority, terrorist actions, acts of God, shortages of materials, transportation delays, fires, floods, labor disturbances, riots or wars. These Terms and Conditions, and the transactions contemplated hereby, will be governed by, construed and interpreted in accordance with the substantive laws of the Wisconsin (excluding the Convention on Contracts for the International Sale of Goods) without regard to its conflict of laws rules. Any legal action with respect to any such transaction must be commenced within one year and one day after the cause of action has accrued. These Terms and Conditions, together with any quotation, order acceptance, or invoice subject to these Terms and Conditions, constitute the entire agreement and understanding of PDC and Purchaser. PDC assumes no liability except as expressly provided in these Terms and Conditions.

ARBITRATION 

Any and all disputes arising under or relating to these Terms and Conditions and the transactions contemplated hereby shall be determined by binding arbitration in Milwaukee, Wisconsin in accordance with the International Arbitration Rules of the American Arbitration Association, and be conducted in the English language. 

ETHICS AND PRIVACY POLICIES

PDC is a Brady Corporation Business. Brady Corporation has a global Code of Ethics Policy (the “Policy”), which governs the behavior and relationships between Brady’s employees and its customers, suppliers and distributors. The Policy can be viewed at www.bradyethics.com, under the Code of Conduct tab. If you believe that a PDC or Brady employee’s conduct violates the terms of the Ethics Policy, please report the violation by using the confidential website (www.bradyethics.com), telephone number or fax line as outlined on page 5 of the Ethics Policy. Any personal information submitted by Purchaser during any sale shall also be governed by the Privacy Policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Sites. 

These Terms and Conditions may be modified by pre-established written contracts between Precision Dynamics Corporation (PDC) and its Customers.

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