McDonald's Special Pricing Program only applies to parts purchased through Tek Express and
shipped to McDonald's. Special Pricing Program does not apply to parts supplied by Tek
Express in the course of an emergency service call request. Installation labor, if required, will
be provided at current street labor rates and is not included in any special labor programs
offered to McDonald's.
TERMS & CONDITIONS OF SALE
1.
TERMS OF PAYMENT – OPEN ACCOUNT
Subject to credit approval, an invoice covering materials and services rendered will be mailed to you.
The invoice is due net 30 days.
Accounts not paid within thirty (30) days are overdue. A late charge of 1 1/2% per month will be
charged on all accounts not paid within thirty (30) days of the invoice date. All payments received
after the imposition of late charges shall be applied first to the late charges which have been
assessed on the account balance thereafter remaining, and this application of payments shall prevail
unless otherwise agreed to in writing by an officer of Tek Express, Inc.. Should your account be
referred to an attorney for collection after it is considered “overdue”, you will be charged for all
collection expenses, including attorney’s fees equal to 25% of the account balance, plus any court
costs related to the collection process.
Subject to the prior express approval of the Tek Express, Inc., payment may be made using a Visa,
Master Card or American Express. Charged sales must meet our published minimum. There will be
an additional $25.00 service charge for any checks which are returned after presentment.
2.
ACCEPTANCE
It is expressly understood and agreed that buyers orders include all of Tek Express' terms and
conditions of sale printed here-in. No Quotation of Tek Express' shall bind or be valid against Tek
Express, Inc. until an order based there-in is accepted in writing by an authorized representative of
Tek Express, Inc.. All such orders will be deemed executed by Tek Express, Inc.. Any additional or
different terms or conditions set forth by the Buyers order or other Communications are objected to
by Tek Express, Inc. and shall not be effective or binding unless agreed to in writing by an
authorized representative of Tek Express, Inc.. Quoted prices will be honored only for the time set
forth in Tek Express' written quotation which is 30 days. Materials and goods must be accepted or
rejected within 10 days of delivery. Use of the materials and goods constitutes acceptance.
Estimates are good for 30 days unless otherwise agreed to.
3.
SHIPPING
Tek Express, Inc. will not be responsible for loss, delay or breakage occurred in the delivery of
goods and materials. Buyer is responsible for filing claim with delivery service/carrier. Seller shall
incur no liability for damage, shortages or any other cause alleged to have occurred or existed at or
prior to delivery of the equipment to the job site or carrier.
4.
DELIVERY
Except as otherwise specified in this document, title will pass and delivery will be F.O.B. point of
shipment. Risk of loss or damage will pass to buyer upon shipment.
32-02 Greenpoint Avenue - Long Island City, NY 11101
Telephone: (718) 937-3171 - Fax: (718) 937-1232- www.tekexpressny.com
Shipping dates are estimates which are not guaranteed and are based upon prompt receipt of all
necessary information. Tek Express, Inc. shall in no event be liable for delays caused by fire, Acts of
God, Strikes, Labor Difficulties, Acts of Government or Military Authorities, delays in transportation
or in procurement of materials or services, or causes of any kind which are beyond Tek Express'
reasonable control. Tek Express, Inc. shall notify Buyer of any material delay excused by this
paragraph and will specify the revised shipment date as soon as practical. In the event of any such
delay, Buyer shall not terminate the order and the date of shipment shall be extended for a period to
the time lost by reason of the delay.
5.
Tek Express’s GUARANTEE
Tek Express, Inc. guarantees parts against defective workmanship according to the manufacturer's
guidelines.
6.
LIMITATION OF LIABILITY
BUYER
AGREES
TO
HOLD
T.E. HARMLESS
AND
HEREBY
RELEASE
TEK
EXPRESS,INC.. FROM ANY AND ALL (I) INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL
OR OTHER SIMILAR DAMAGES, EVEN IF T.E. HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, AND (II) DAMAGES, LIABILITIES, CLAIMS, LOSSES OR EXPENSES
WHATSOEVER RESULTING FROM, BUT NOT LIMITED TO, INADEQUACY OF THE EQUIPMENT
FOR ANY PURPOSE OR BY ANY DEFECT THEREIN OR BY ANY DELAY IN PROVIDING
EQUIPMENT, LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFITS, OR OF PLANT,
EQUIPMENT OR PRODUCTION, LOST MAN HOURS OR ANY ADDITIONAL LOSSES/COSTS
ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION OF PARTS PURCHASED
HEREIN.
7.
TAXES
Buyer shall reimburse seller for any sales, use, occupation, excise or any other tax arising out of the
Sale of products or services to the Buyer, upon receipt of Tek Express' invoice for the amount of the
tax.
8.
CANCELLATION
Any orders may be terminated by Buyer only upon written notice prior to shipment and upon
payment of reasonable and proper termination charges plus 25% of the contract price or forfeiture of
deposit at Tek Express' option. Such reasonable and proper termination charges may include, but
are not limited to all costs associated with the order which have been incurred up to the date of
receipt of the written termination, plus cost of terminating orders. In the event any proceeding is
brought against Buyer, voluntarily or involuntarily under the bankruptcy or any insolvency law, Tek
Express, Inc. shall be entitled to cancel any order then outstanding at any time.
9.
PARTS RETURNS/RESTOCKING CHARGES
All returns must have authorization from Tek Express, Inc. before returning. Material returned for any
reason other than a warranty claim will be subject to a handling and restocking charge of no less
than 33%. Transportation charges must be prepaid. Under no circumstances, will goods be
accepted for return after 30 days from the date of shipment. Electronic parts or products that come
into or are intended to make contact with foodstuffs are not returnable.
32-02 Greenpoint Avenue - Long Island City, NY 11101
Telephone: (718) 937-3171 - Fax: (718) 937-1232- www.tekexpressny.com
10.
SECURITY INTEREST
Upon acceptance of Buyer’s order, Buyer hereby grants Tek Express, Inc. a security interest in all
products sold to it by Tek Express, Inc. and all proceeds of resale thereof by Buyer, including without
limitation, all accounts receivable, to secure payment of the purchase price of such goods. Pursuant
to such security interest, Tek Express, Inc. shall at all times have the right of a secured party with
regard to such products and the proceeds thereunder of the Uniform Commercial Code or any
similar statute, as enacted in the state or states in which such products, merchandise and goods
remains with Seller until purchase is paid in full.
11.
REMEDY
In addition to the provisions above. Tek Express, Inc. shall have all remedies afforded by the
Uniform Commercial Code. All remedies of Tek Express, Inc. hereunder shall be cumulative.
Tek Express, Inc. guarantees that all parts furnished hereunder will be free of defects in material and
workmanship at the time of shipment as per manufacturer's warranty, if any. IN THE EVENT OF
TEK EXPRESS' BREACH OF GUARANTEE, THE BUYER’S EXCLUSIVE REMEDY SHALL BE
THAT T.E. WILL (1) MAKE ALL NECESSARY ADJUSTMENTS, AND REPLACEMENTS SUBJECT
TO THE TERMS AND CONDITIONS OF THE AGREEMENT AND (2) REPLACE ANY PARTS
WHICH WERE INSTALLED HEREUNDER AND FOUND TO BE DEFECTIVE AT THE TIME OF
INSTALLATION.
12.
SOLICITATION OF EMPLOYEES OF THE TEK EXPRESS COMPANY
Buyer shall not solicit Employees of Tek Express, Inc. to terminate their relationship or employment
with Tek Express, Inc. and to join Buyer in any relationship or employment with Buyer. Further,
Buyer shall not hire or retain in any type of relationship any Employee of Tek Express, Inc. for a
period of twenty-four (24) months after Tek Express, Inc. has performed any work for which Buyer
contracted with Tek Express, Inc. to be performed. Because the parties hereto recognize that
quantification of TEK EXPRESS' damages for the violation of this Paragraph by the Buyer may be
difficult, Buyer covenants and agrees that if Buyer violates the provisions of this Paragraph, Buyer
shall pay to The Tek Express Company, within ninety (90) days of each violation of this Paragraph, a
sum equal to one year’s compensation of each such Employee of Tek Express, Inc.. (“One year’s
compensation” shall be determined by averaging the Employee’s compensation for the last three (3)
months prior to termination of the Employee and multiply said average by twelve (12)).
13.
UNIFORM COMMERCIAL CODE
This agreement shall be governed by the Uniform Commercial Code as adopted by the State of New
York and is effective and in force on the date of this agreement. The agreement shall be deemed
entered in New York which shall be construed under and in accordance with the Uniform
Commercial Code.
14.
EXPENSES
Buyer shall pay all of TEK EXPRESS' expenses, including reasonable attorney’s fees, incurred by
Tek Express, Inc. in connection with any breach by Buyer of this agreement, whether or not a lawsuit
is filed.
15.
DISCLAIMER
32-02 Greenpoint Avenue - Long Island City, NY 11101
Telephone: (718) 937-3171 - Fax: (718) 937-1232- www.tekexpressny.com
No agent, employer or representative of Tek Express, Inc. has any authority to bind Tek Express,
Inc. to any affirmation, representation or guarantee concerning the goods sold under this agreement,
unless an affirmation, representation or guarantee made by an agent, an employee, or
representative, is specifically included within this written agreement. If not, such affirmation,
representation or guarantee has not formed a part of the basis of this bargain, and shall not in any
way be enforceable or binding upon Tek Express, Inc. or its agents, employees or representatives.
(*) ANY SUCH AFFIRMATION GUARANTEE MADE BY ANY AGENT OF TEK EXPRESS,
INC. WHICH IS NOT EXPRESSLY AND IN WRITING MADE A PART OF THIS AGREEMENT IS
EXPRESSLY DISCLAIMED.
This writing by the parties is the total agreement of the parties and is intended as the final
expression of their agreement. This writing is the complete and exclusive statement of the terms
thereof, and any and all agreements entered into prior to or contemporaneously with the execution of
this agreement are excluded, whether oral or in writing.
16.
MODIFICATION
This agreement can be modified or rescinded only by a writing signed by both parties or their duly
authorized agents.
17.
NONWAIVER
The failure of Tek Express, Inc. to enforce any rights under this contract of sale shall not be
construed as a waiver of such rights or any other rights under the contract of sale.
18.
MISCELLANEOUS
All clerical errors are subject to correction. The invalidity, in whole or in part, of any of the foregoing
paragraphs will not affect the remainder of such paragraph or any other paragraph of this
agreement.
Signature: _______________________________________________
Date: __________________________________
Please sign and either email the form to info@tekexpressny.com or fax to (718) 937-1232.
Thank you.
32-02 Greenpoint Avenue - Long Island City, NY 11101
Telephone: (718) 937-3171 - Fax: (718) 937-1232- www.tekexpressny.com