Updated March 3, 2023
Quotes remain firm until the expiration date (as indicated on the face of the quote or 30 days, whichever is less) or the license(s) being renewed expire. Quinn Tool Engineering Company, Inc. d/b/a QTE Manufacturing Solutions, reserves the right to modify a quote and any quote executed by the Buyer and accepted by QTE through written communication or invoice will constitute a legal and binding contract between the customer and QTE, which will be subject to these terms and conditions in all respects.
Any additions or modifications to these Terms and Conditions, or any terms and conditions in Customer's Purchase Order, or any other writing, which conflict with or are inconsistent herewith shall not bind QTE unless accepted in writing by an authorized representative of QTE. The acceptance of Customer's Purchase Order by QTE will be upon the terms and conditions set forth herein and shall form the contract. The sale and delivery by QTE of software, hardware, system components, or services set forth herein will not constitute acceptance by QTE of any such conflicting terms and conditions and will not in any way operate to modify or change the full effect of these terms and conditions.
SALES / USE TAX
The prices stated do not include state or local sales/use tax unless specifically noted. Any sales/use tax due is the responsibility of the Buyer and will be added to the invoice. If Buyer claims any sales/use tax exemption, Buyer must provide a valid, signed certificate or letter of exemption for each respective jurisdiction.
Note: Many customers qualify for sales tax exemption, please check with your accounting/legal providers to determine if you qualify.
STANDARD PAYMENT TERMS
QTE may invoice Buyer upon shipment/electronic delivery for the price and all other charges payable by Buyer in accordance with the terms on the face hereof. If no payment terms are stated on the face hereof or clarified below, payment shall be net thirty (30) days from the date of invoice. If Buyer fails to pay any amounts when due, Buyer shall pay QTE interest thereon at a periodic rate of one and one-half percent (1.5%) per month (or, if lower, the highest rate permitted by law), together with all costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) incurred by QTE in collecting such overdue amounts or otherwise enforcing QTE's rights hereunder. QTE reserves the right to require from Buyer full or partial payment in advance, or other security that is satisfactory to QTE, at any time that QTE believes in good faith that Buyer's financial condition does not justify the terms of payment specified. All payments shall be made in U.S. Dollars.
HARDWARE PAYMENT TERMS
Hardware orders require a minimum 50% deposit for shipment, then standard payment terms apply.
MAINTENANCE & SUBSCRIPTION PAYMENT TERMS
Software maintenance renewal and subscription orders are due upon receipt and delivery of software codes will occur upon full payment. Maintenance renewal orders must be paid in full by the expiration date to avoid penalties.
TERM OF MAINTENANCE & SUBSCRIPTIONS
The term of each maintenance or subscription agreement shall be as specified in the applicable quote/invoice. QTE will be permitted, in its sole discretion, to increase its prices for annual subscription or maintenance at any point prior to payment by the customer of the invoice related to the applicable annual term. QTE will provide you notice of different pricing at least 30 days prior to the applicable renewal term. Applicable penalties for late maintenance renewals or similar offerings are not subject to the 30 day notice above.
CANCELLATION AND RETURNS POLICY
All sales are final and non-refundable, including shipping and handling fees. Due to the digital nature of the products and the intellectual knowledge of services provided, it is difficult to facilitate a return or cancel an order. In certain circumstances, a return/cancellation of an order can be considered but will be done at the sole discretion of QTE and will only be confirmed by the insurance of a QTE Return Merchandise Authorization (RMA) number and subject to cancelation/restocking fees.
QTE accepts no responsibility for delays due to causes beyond its control, including but not limited to strikes, fires, floods, or delays in its usual material supply beyond order shipment dates. The customer is responsible for all shipping costs and expenses, unless other arrangements are approved by QTE in writing in advance of the scheduled shipment date. Delivery dates are approximate and are based upon prompt receipt of payment (to the extent required prior to shipment) and all necessary information and approvals from the customer.
THE SOLE AND EXCLUSIVE REMEDY OF CUSTOMER AND OBLIGATION OF QTE HEREUNDER WILL BE, AT THE SOLE OPTION OF QTE, TO: (1) REPLACE THE DEFECTIVE MEDIA, HARDWARE OR SYSTEM COMPONENT, OR REDO THE SERVICES; OR (2) REFUND THE PURCHASE PRICE OF THE SOFTWARE, HARDWARE, SYSTEM COMPONENT, AND/OR SERVICES. QTE WILL HAVE NO OTHER OBLIGATION OR LIABILITY TO CUSTOMER ARISING FROM OR RELATED TO THIS AGREEMENT.
EXCEPT FOR THE EXPRESS WARRANTIES SPECIFIED ABOVE IN THIS SECTION, QTE MAKES NO OTHER WARRANTIES AND CUSTOMER ACCEPTS THE SOFTWARE, HARDWARE, SYSTEM COMPONENTS AND/OR SERVICES PROVIDED BY QTE "AS IS," WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PERTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, QTE HAS NO OBLIGATION TO INDEMNIFY OR DEFEND CUSTOMER AGAINST CLAIMS RELATED TO INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
QTE DOES NOT WARRANT THAT SOFTWARE, HARDWARE, OR SYSTEM COMPONENTS SOLD BY IT WILL PERFORM WITHOUT ERROR OR THAT IT WILL RUN WITHOUT IMMATERIAL INTERRUPTION.
QTE WILL PASS THROUGH TO CUSTOMER ANY WARRANTY RIGHT QTE RECEIVES FROM A THIRD-PARTY PROVIDER OF SOFTWARE, HARDWARE, SYSTEM COMPONENTS, OR SERVICES. QTE PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIRD-PARTY COMPONENTS, AND QTE WILL NOT BE LIABLE FOR ANY FAILURE OF ANY THIRD-PARTY COMPONENT TO FUNCTION AS EXPECTED OR INTENDED.
Any software, online services or other intellectual property provided by QTE to the customer is subject to the license and other terms applicable thereto as prescribed by the applicable developer and/or as contained in or set forth in the packaging related to such software or other intellectual property, as applicable. Such license terms will be provided by QTE to the customer upon the customer’s request.
RELEASE OF LIABILTY
CUSTOMER HEREBY WAIVES AND RELEASES QTE, ITS AGENTS AND EMPLOYEES, FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, OR CAUSES OF ACTION, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE, PRESENT OR FUTURE, WHETHER THE SAME ARE ANTICIPATED OR UNANTICIPATED, ACTUAL, CONSEQUENTIAL OR PUNITIVE, FOR PERSONAL INJURIES OR DEATH, AND/OR FOR THE LOSS OF USE OR DAMAGE TO PROPERTY, IN CONNECTION WITH OR ARISING OUT OF THE SERVICES PERFORMED OR TO BE PERFORMED BY QTE PURSUANT TO THIS AGREEMENT, WHETHER OR NOT ANY SUCH DAMAGES OR INJURIES ARE ALLEGED TO BE OR ARE CAUSED BY THE FAULT OF, OR THE NEGLIGENCE, OR CARELESSNESS, OR FAILURE TO USE DUE CARE OF QTE, ITS EMPLOYEES OR AGENTS.