The contract of sales resulting from Seller’s documentation together with these terms and conditions (“Contract”) constitutes the entire agreement between the parties hereto, except as modified in writing signed by both the Seller and the Purchaser. The Seller is Equilibar, LLC, hereto referred to as SELLER and the Purchaser is identified in the Contract.
Any terms in a purchase order, irrespective of their materiality, which are either different from or additional to the Seller’s conditions of sale, are objected to and are excluded unless the Seller expressly agrees in writing to such terms. Execution of such forms by Seller to accommodate Purchaser’s procurement or accounting procedures or to evidence agreed upon change orders shall not be construed as assent to Purchaser’s terms. Acceptance of the goods shipped shall constitute assent to Seller’s conditions of sale. This contract shall be binding upon Purchaser and Seller and on their successors and assigns.
Most Equilibar® back pressure regulators are patent protected or patent pending including but not limited to: US6,886,591, US7,080,660, US7,673,650, US8,215,336, DE60322443D1, GB1639282, FR1639282, CH1639282, US9,447,890 For more information, see www.equilibar.com/support/patents.
Terms of Sale:
Upon account approval, terms of sale are NET 30 DAYS. If no open account, payment is due prior to shipment. On all open accounts, a 1% service charge on the unpaid balance will be assessed for every succeeding month until the account becomes current. If the account exceeds the open account limit as determined by SELLER, Inc’s financial department, all shipments will be held until the account is within standard terms or shipments are made on a COD basis. Credit card payments will be charged a 2% processing fee.
All purchases will be shipped F.C.A. Fletcher, NC except where otherwise negotiated by SELLER.
Disclosure of Risks / Responsibility of Customer:
Fluid controls have the potential to leak unexpectedly, either to an unintended port, to the exhaust port under inappropriate conditions, or externally. Elastomeric membranes specifically have the potential to rupture due to a combination of age, cycle fatigue, and pressure.
Fluid controls may also fail closed at unexpected times, especially if the valve has been exposed to foreign debris, either ingested or formed within the valve. SELLER’s regulators are not certified to be used as a safety relief of last resort for a process vessel.
The customer acknowledges awareness of these risks, and assumes the responsibility to configure fluid systems in such a way to minimize exposure of personnel and property damage in the event of an unexpected leak or failure of SELLER’s regulators. (See Limitation of Liability).
SELLER, Inc. warrants its products against defects in material and workmanship when used in those applications approved by SELLER, for a period of one (1) year from the date of original shipment by SELLER. SELLER’s liability under its warranty shall be limited to repair or replacement, at SELLER’s option, of such defective products, F.C. A. factory.
All products are provided AS IS. The warranties provided herein are exclusive and in lieu of all other warranties. SELLER expressly disclaims all other warranties express of implied, including but not limited to the warranties of merchantability and fitness for a particular purpose.
Limitation of Liability:
Customer acknowledges and agrees that SELLER’s sole responsibility or liability in the case of any breach of the foregoing warranty, shall be for SELLER, at SELLER’s election, to repair or to provide a replacement for the product or portion thereof with respect to which such warranty contract is breached or to return all payments made by customer with respect to such product or portion thereof.
Delivery dates are approximate. Shipment shall be made by SELLER in accordance with SELLER’s normal delivery schedule.
Any product claimed to be defective must be returned by Customer prepaid for inspection. Items showing abusive or improper use, used for purposes other than intended or having been altered in any manner will not be repaired or replaced except at the expense of the Customer. Products found to be defective by our examination will be repaired or replaced at no expense to the user if such is through our omission or error.
Orders for standard inventoried products are subject to a cancellation charge of 10% to reimburse SELLER for costs incurred. This charge will be levied on all orders canceled after seven (7) calendar days from order entry. Orders for non-standard or special regulators or components, including resale items, are not subject to cancellation after such order has been acknowledged to Customer or end user. Any exceptions to this clause must appear in written agreement prior to placement of order
All outsourced component cancellations will be subject to the same conditions listed above as well as any additional charges from outsourced vendor.
Due to continuous product improvements, SELLER reserves the right to modify or change design without incurring any liability to furnish or install such modifications or changes on products previously or subsequently sold.
SELLER reserves the right to change published prices and other terms and conditions of sale without prior notice.
International Quotes and Orders:
All quotes and orders are in US dollars. Delivery of goods is FCA Fletcher, North Carolina unless otherwise negotiated. All shipping charges, duties, tariffs and/or taxes are to be paid by the Customer. Payment terms are by wire transfer/letter credit issued prior to shipment or by major credit card
Destination Control Statement:
These commodities, technology, or software will be exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to U.S. law is prohibited.
The customer is responsible for assuring that proper packaging protects the regulators in new and reusable condition. Any damage resulting from improper packaging will be accessed by Equilibar and added to the restocking charge. All outsourced components will be subject to the SELLER, policy of a restocking fee as well as any additional charges from outsourced vendors.
The end user assumes all liability for ensuring that all hazardous residue is cleaned and removed from any products returned to Equilibar. A hazard declaration must be fully completed by end user and must accompany all back pressure regulator returns for the return to be accepted.
All Products will be issued a Return Material Authorization and are valid for a period of (30) days from issued and are void and unusable at the end of this.
All returns must be accompanied by an RMA number. Packages sent to Equilibar without an RMA number will not be accepted. The end user is responsible for shipping costs unless specified otherwise.
Back Pressure Regulators and Vacuum Regulators:
- Equilibar back pressure regulators are warranted to be free from defects in material and workmanship at time of delivery. Written notification of defect is required within 14 days of receipt for a return to be authorized. .
- Valves are quoted based on customer-provided application specifications; to be eligible for return, the unit must be performing unsatisfactorily within the provided application specifications.
- Units with a standard Equilibar part number may be returned within 30 days and will be subject to a minimum 25% restocking fee. The restocking fee may be greater if any of the following conditions apply:
- Cosmetic damage to the regulator
- Damage to threads or working face of the regulator
- Residue or staining from process fluids
- Discoloration of surfaces due to high heat exposure
- Units with non-standard Equilibar part numbers (i.e. EQ- units) are custom parts. These units require significant engineering design time and are manufactured in small batches or individually. Due to these factors, a restocking fee of 50% is required for EQ-units returned within 30 days. EQ- units are ineligible for return beyond 30 days.
- For valves being returned, Equilibar may request performance data including pressure set point, inlet pressure reading, and flow rate. Equilibar may also request the end user to correspond with an Equilibar engineer and attempt to resolve the issue before a return is authorized.
- Because Equilibar valves are extremely easy to service and have only one moving part, return or repair service is rarely needed. In most cases, the end user can easily replace spare parts.
Pressure Reducing Regulators:
- Equilibar’s warranty for pressure reducing regulators is one year. Units that fail within one year of service will either be replaced or issued a repair kit at no charge, subject to evaluation. Evidence of use with non-inert gases or liquids will void warranty.
- Units in like-new condition may be returned within 30 Days of receipt. Refunds will not be issued for units that have cosmetic damage (including damage to labels) or evidence of use with non-inert gases or liquids.
- Qualifying returns of pressure reducing regulators are subject to a 50% restocking fee.
- Electronic regulators sold by Equilibar undergo three tests in two facilities before shipment: an initial calibration at the factory, a verification of the calibration at the factory, and a secondary verification of the calibration at Equilibar facilities. Because of this, factory defects reaching the end user are extremely unlikely.
- Electronic regulator units in like-new condition may be returned within 30 Days. Refunds will not be accepted for units that have cosmetic damage (including damage to labels) or evidence of use with non-inert gases or liquids.
- Qualifying returns of electronic regulator units are subject to a 50% restocking fee.
- All returns must be accompanied by an RMA number. Packages sent to Equilibar without an RMA number will not be accepted. The end user is responsible for shipping costs unless specified otherwise.
- In the event of a return, the following must be considered.
- The details surrounding the electronic regulator and how it stopped working must be provided to Equilibar.
- Did it ever operate correctly?
- For how long?
- Does it respond at all now?
- The details surrounding the electronic regulator and how it stopped working must be provided to Equilibar.
Without these details, it is difficult for us to determine what might be wrong and make a speedy repair.
- It is important that Equilibar be allowed to discuss a few simple troubleshooting options with a technical contact on your end. Often a quick troubleshooting session can reveal that it is not the electronic regulator that has failed but that the electronic regulator has stopped working because of something in the system it interfaces with. Many times, we find that there is something in your application that contributes to the premature failure. Contamination, voltage transients, and ESD can all cause the electronic regulator to fail. Unless these sources are addressed first the repaired electronic regulator will inevitably fail again a short time later.
- Even if a warranty is suspected, warranty is not proven until the electronic regulator is examined by our technicians at the factory. Therefore, all repairs must be accompanied by a purchase order that would cover the cost of the inspection should it be determined that the electronic regulator repair is not covered by warranty.
- Expedites fees may be used to speed a repair, but expedites are not always available. The expedite fee must be paid even if the failure is determined to be under warranty. If repairs must be expedited it is Equilibar’s recommendation that a spare electronic regulator be purchased by you and kept at your location. Any replacement unit must be purchased outright before it will be shipped. Loaner units or in-kind replacements are not available, even if a warranty failure is suspected. The suspect warranty electronic regulator you have cannot be traded for a new electronic regulator. Expedite fees may be paid to speed the delivery of a replacement unit, but expedites are not always available.