Terms & Conditions

1. Cancellation of Product –

Customer hereby acknowledges and agrees that all Product is custom manufactured for each individual Customer and once production has commenced there can be no cancellation of orders.

2. General Provisions –

These terms and conditions shall supersede all terms and conditions printed or implied on any purchase order issued by Customer. No other terms or conditions shall be binding upon Customer or Seller unless said terms and conditions are specifically accepted in writing by Customer and Seller. The failure of Customer or Seller to enforce at any time or for any period of time any of the provisions of this Order shall not constitute a waiver of such provisions. Seller shall not be liable for delays or failure to ship for causes beyond Seller’s control, affecting it or its suppliers, including, in part: natural disasters; war; Customer’s conduct; labor unrest; riot; governmental interference; unavailability or shortage of labor, materials, fuel or power through customary means at normal rates; failure or destruction of plant or equipment arising from any cause whatsoever; or failure of transportation. Seller agrees that the Product to be furnished under this Order was produced in compliance with all applicable federal requirements with respect to fair labor standards and equal employment opportunity.

3. Limited Warranty –

Seller warrants that all newly manufactured products are warranted to be free of defects in material and workmanship for a period of one (1) year from the date of shipment. Products returned under the above warranty shall be either repaired or replaced at the sole discretion of Burkhart Roentgen International Inc. dba USAXRAY and is limited to the value of the Products on the date of the original shipment. All replaced parts and Product become the property of Seller. This limited warranty does not include service to repair damage to the Product resulting from customer’s negligence, misuse, modification of the Product, or use for purposes other than those intended by its manufacture. This limited warranty does not cover excessive use, normal wear and tear, failure from improper storage, customer abuse, abrasion, or failure to follow care and use instructions. Warranty is voided if any solvent-based cleaning solutions are used. Seller’s obligations under this limited warranty are conditioned upon Customer’s compliance with Seller’s reasonable instructions and requests in connection with its performance of such obligations. Service under this limited warranty may be obtained by delivering the Product at Customer’s expense (using the original shipping container or its equivalent) during the warranty period to the manufacturer and providing proof of purchase date. Customer shall assume the risk of loss or damage in transit. Seller shall bear the cost for return of repaired or replaced Product under valid warranty claims to Customer by normal commercial means in the continental United States. For further information, refer to the Limited Warranty contained in Seller’s standard product literature, if applicable. See Return Policy & Form prior to returning any product. Before shipping to seller, obtain an RMA# from Burkhart Roentgen International Inc. dba USAXRAY or your dealer. Returns without an RMA# will not be accepted. Any core material problems, ie. leaded or lead-free product, that do not have an initial inspection report prior to being put in service will be considered invalid in the limited warranty.

4. Shipping –

All product shipped by USAXRAY, at customers expense, will be sent by FedEx Ground, UPS Ground, or USPS ground services, unless specified by customer. We accept customer shipping accounts #’s. Please provide shipping account upon purchase. All products are shipped to addresses within the USA and its territories unless pre-approved in writing with international dealer agreements. 

5. Pricing, Delivery and Payment –

The prices for Product delivered under this Order do not include customs charges or duties, or sales, use, excise or similar taxes, or special packaging, or transportation, rigging, drayage, insurance charges and other costs associated with the delivery of Product to the destinations specified by the Customer unless specifically set out on the invoice as individual line items. Therefore, Customer will pay directly to Seller (“Seller”), in addition to the prices specified in this Order, any amount set forth on Seller’s invoices for customs charges, duties and/or taxes (or provide applicable tax exemption certificates acceptable to the taxing authorities) and special packaging costs and shall pay directly to the involved carrier(s) all such delivery related costs. All licenses or certificates required for import or export of the Product shall be the responsibility of and obtained at the cost of Customer. Seller’s terms are set in the approved purchase order prior to manufacturing. If credit terms are approved by Seller, Customer shall pay all invoices according to established net terms after date of shipment. If payment is not made when due, Customer may be assessed a late charge equal to one and one-half percent (1-1/2%) of the past due balance for each month or partial month following the due date. All deliveries shall be made F.O.B. shipping Point. Title and risk of loss or damage will transfer from Seller to Customer upon delivery of goods at the F.O.B. point. Customer shall notify Seller, in writing, within one (1) calendar day after delivery, of any claimed shortages, damage or of rejection of the delivery. Sufficient detail to establish grounds shall be included in any rejection.