Terms and Conditions of Sale

Test and Measurement Global Exchange (TAMGE) expressly conditions its sales on the following terms and conditions:

Product Returns

Purchasers (hereafter “Customer”) must contact TAMGE to initiate product return request and complete a Return Material Authorization (RMA) form within the specified warranty period for the product to be returned. The RMA number issued to the Customer by TAMGE must be visible on all returned goods. Unauthorized returns will be refused at the receiving dock.  Please see the RMA form for further details. A 15% restocking fee may apply.

Errors and Omissions

TAMGE makes every effort to ensure the accuracy of published information, including prices and inventory, however, errors or omissions may occur. TAMGE does not guarantee the accuracy of any such published information, and Customer agrees to waive any claims or damages against TAMGE and t6o further hold TAMGE harmless from same arising in any manner from any published information, inaccurate or otherwise.  If an error is made and a product is listed at an incorrect price or is unavailable, TAMGE shall maintain the right to refuse or cancel any orders placed at the incorrect price or for unavailable product. If the order has been confirmed and charged to your credit card, you account will adjusted accordingly.

Non-U.S. Sales

Sales of our products must comply with all applicable laws and regulations, including but not limited to U.S. Commerce Department Regulations and State Department restrictions.

Standard Terms and Conditions of Sale

Customer acknowledges agreement with these Terms and Conditions by the placement of an order to purchase products from TAMGE

1. New Customers
   
   • Initial order from all new Customers will require payment in advance to expedite order and ensure immediate processing and shipment
   • To establish terms, a completed credit application is required
   • If tax-exempt, a sales tax exempt certificate is required
   
   Credit evaluation normally requires 72 hours to complete on domestic inquiries; international transactions may require additional time. In either case, TAMGE cannot guarantee timeliness of completion
   

2. Payment Terms — Standard Company Terms Net 20
   All invoices are due net 20 days from date of invoice unless otherwise specified. All past due accounts may be subject to a services charge of 1 ½% per month (18% per annum). If it becomes necessary to place an account with an attorney for collection, the Customer pays all costs incurred, including reasonable attorney fees. Ownership of product does not transfer and TAMGE retains title to product, until payment has cleared through TAMGE’s bank.
   

3. Taxes
   The Customer shall pay all taxes applicable to products ordered unless Customer provides TAMGE with a tax exemption certificate acceptable to taxing authorities. On international shipments, duties and taxes are the Customer’s responsibility and are paid directly by the Customer.
   

4. Price and Quotations
   
   • Unless otherwise specified, all prices are subject to change without notice. All invoice prices are those in effect at the time of shipment unless agreed upon in writing in advance. Quotations and prices do not include applicable State and Local taxes and do not usually include freight charges.
   • Payment is due before shipment, unless credit terms have been arranged in writing in advance with TAMGE.
   • TAMGE collects sales and use taxes for sales shipped to Massachusetts on test and measurement equipment purchases and rental / leases in all states. TAMGE shall not be liable for handling or customs charges for shipments outside the United States.
   • All pricing information in published literature and on our Web site is current at the time of publication and is provided for general information and estimating purposes only. Published prices are not quotations or offers to sell, and TAMGE does not guarantee the accuracy of same. Customers shall not rely on same but should contact TAMGE to confirm prices, quotes and availability of product. (see section on Errors and Omissions for further details.).
   • All quotations are subject to termination by TAMGE at any time prior to receipt and subsequent acceptance of the Customer’s Purchase Order.

5. Shipping
   All Shipments are F.O.B. Massachusetts.
   
   Customer is responsible for prepay and add freight charges on invoice unless freight collect is designated on Customer’s PO and a valid shipper number is provided. TAMGE reserves the right to invoice Customer for bill back of freight charges if Customer provides incorrect information or refuses to pay courier directly.
   

6. Manufacturer License Agreement
   TAMGE is in the business of procuring and reselling used technology assets. Some of those assets require licensed software, which works in conjunction with the physical equipment or hardware. Many of the OEM manufacturer licensing terms and conditions state that these licenses are non-transferable and that a customer who buys such used equipment must re-license the software to be used in conjunction with the physical equipment.
   
   TAMGE’s standard terms and conditions dictate that we are in the business of reselling the physical used technology assets, commonly known as hardware or equipment, and that we do not resell the software that may be loaded on these systems. Our customers are responsible for complying with OEM manufacturer licensing terms and conditions. TAMGE does not warrant any software revision levels or load software on any products we sell.
   

7. International Shipments
   Products sold internationally may be exported from the United States only in accordance with Export Administration Regulations. Diversion contrary to United States law is prohibited and Customer agrees to waive any claims against TAMGE for damages or costs and to further indemnify and defend TAMGE for any damages, claims or costs related in any way to Customer’s improper diversion. Duties and taxes are the Customer’s responsibility and are paid directly by the Customer.  
   
8. Limited Warranty
   Purchases by end users and international Customers may be covered by a warranty as specified on the quotation. The following terms and conditions apply for all warranties issued by TAMGE:
   • Products returned due to incompatibility issues are not considered defective and may be subject to a 15% restocking fee.
   • Should TAMGE not be able to repair the defective product o0r replace it within the warranty period, TAMGE will initiate a credit on account and Customer may use that credit towards later purchases as its sole remedy. Customer waives all other remedies.
   • A Return Authorization (RA) number is required for all product returns. Unauthorized returns will be refused at the receiving dock. Once product is received at our warehouse in Massachusetts and internal RMA procedures are completed. Customer’s account will be adjusted accordingly.
   • This warranty does not cover product damaged during shipping – other terms and conditions may apply.
   • Should products be defective, the following procedure must be followed:
     
   1. Customer must contact TAMGE to initiate product return request and complete a Return Material Authorization (RMA) form.
   2. AT TAMGE’s discretion, an engineer may contact eh Customer to try to resolve product issues over the phone.
   3. Subject to the limited warranty, the Product will be repaired or replaced at TAMGE’s discretion. If product is not repairable, Customer’s account will be adjusted accordingly. In no event shall TAMGE be liable for damage in excess of purchase price.
   4. This warranty does not apply to damages as a result of an act of God, acts or omissions of third parties, misuse, or improper installation and will be deemed null and void if our products are in any way altered or modified after delivery.
   Customer is responsible for properly packaging equipment and shipping back to TAMGE in the condition received. RMA# must be referenced on shipment.
   

9. Limitations of Liability
   In no event shall TAMGE be liable for special, incidental, or consequential damages, including but not limited to loss of profit or opportunity. Customer’s sole remedies are stated in these Terms and Conditions of Sale. TAMGE liability for repair or replacement will in no way or event exceed original purchase price.
   

10. Exclusive Agreement
    These Terms and Conditions of Sale represent the complete and final agreement between the Customer and TAMGE for the matters set forth herein and may be supplemented only by prices, quantity and description outlined in TAMGE’s invoice for the relevant sale.
    

11. General
    

    These Terms and Conditions of Sale and any transactions made under them shall be interpreted by and be subject to the laws of the State of Massachusetts without regard to its conflict of laws principles. In the event any proceedings or suit is brought regarding these terms and conditions and the subject hereto, such suit shall be brought in the courts of Middlesex County, or the United States District Court of Massachusetts.

    In the event any section or portion of a section of these Terms and Conditions of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms and Conditions of Sale, and the remaining terms shall continue in full force and effect.

    TAMGE shall not be responsible for damages or delays resulting from Acts of God, and from other actions, both governmental and otherwise, including but not limited to war, riot, seizure, terrorism, and embargo. These Terms and Conditions of Sale may be modified from time to time by TAMGE without notice, and are current aw of the date of the them current catalog or Web site.
    

LEGAL NOTICES

Disclaimer
While TAMGE uses reasonable efforts to include accurate and up-to date information on this Web site, TAMGE makes no warranties or representations as to its accuracy. TAMGE assumes no liability or responsibility for any typographical or other errors or omissions in the content of this site. In the event that a product is listed at an incorrect price or with other incorrect information due to typographical or other error, TAMGE reserves the right to refuse or cancel any orders placed for the product listed incorrectly. TAMGE shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and/or your credit card has been charged. If you credit card has already been charged for the purchase and your order is canceled, TAMGE shall issue a credit to your credit card account in the amount of the charge.

Limitation and Liability
TAMGE and/ or its respective suppliers make no representation about the suitability of the information contained in the documents and related graphics and/or software published on any server for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind and are subject to change without notice. The entire risk arising out of their use remains with the recipient. In no event shall TAMGE and/or its respective suppliers be liable for any direct, consequential, incidental, special, punitive, or other damages whatsoever (including without limitations, damages for loss of business profits, business interruption, or loss of business information and Customer agrees to hold TAMGE and its suppliers harmless from, and to defend same from any and all claims, costs or damages of any kind whatsoever arising from any representation or misrepresentation in any way arising from Web site and/ or said documents, graphics and software.)

Trademarks
TAMGE and the names of TAMGE products and services referenced herein are either trademarks and/or service marks or registered trademarks and/or service marks of TAMGE.

Other product and company names mentioned herein may be trademarks and/or service marks of their respective owners.

Links to Third-Party Sites
Linked sites are not under the control of TAMGE and TAMGE is not responsible for the contents of any lined site or any link contained in a linked site. TAMGE provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by TAMGE of the site, or contents thereon. Customer agrees to waive any claims for damages or costs , and to further hold TAMGE harmless and to defend from same, of any kind whatsoever, arising from in any manner whatsoever, said links or linked sites or content thereon.

Promotions
All the promotions are subject to availability and inventory. TAMGE reserves the right to change, alter or cancel promotions at any time without notice