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terms and conditions of sale

Please note that these terms and conditions of sale apply only to the Babson office. Click to view the terms of business for the Cranfield office.

1	Acceptance
	The terms and conditions contained herein constitute the sole terms and conditions governing the purchase by the buyer stated on the face hereof (?Buyer?) from ECCH at Babson, Ltd (?ecch?) of the materials specified on the face hereof (collectively the ?Materials?). Buyer shall be deemed to have accepted and agreed to these Terms and Conditions by its receipt of the Materials. Any terms and conditions different from or in addition to those contained herein, including any contained in Buyer?s purchase order or in any other document furnished by Buyer, shall be of no force or effect in connection with the sale of the Materials and ecch hereby objects to and rejects in their entirety all such terms and conditions, as ecch?s agreement to sell the Materials is expressly made conditional upon the use of these Terms and Conditions.
2	Delivery
	Delivery of the Materials will be made by mail or in electronic format, as requested by Buyer, and title to and all risk of loss of or damage to the Materials shall pass to Buyer when placed in the mail. The Materials shall be deemed accepted by Buyer forty eight (48) hours after receipt.
3	Payment
	The price of the Materials is shown on the face hereof. This invoice shall be paid in full by Buyer no later than thirty (30) days after the date of this invoice. All amounts not paid within such period shall bear interest at the rate of one and one half percent (1.5%) per month until paid.
4	Taxes
	The price for the Materials specified on the face hereof is exclusive of all sales, use, excise and similar taxes and duties and any such taxes and duties shall be the sole responsibility of Buyer.
5	Warranty
a	ecch warrants to Buyer that the Materials will be in accordance ecch?s published description thereof for a period of ninety (90) days after delivery. ecch?s sole responsibility under this warranty shall be to replace, at its option, any Materials which fail to comply with such description during said ninety (90) day period, provided that Buyer promptly and completely reports such failure to ecch in writing and ecch, upon inspection, finds such Materials to be so defective.
b	EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, ECCH MAKES NO WARRANTY, EXPRESSED OR IMPLIED, WITH RESPECT TO ANY MATERIALS. THE IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY EXCLUDED.
c	The sole remedy of Buyer, and the sole liability of ecch, for breach of warranty shall be limited to the replacement set forth in this Section 5.
6	Limitation of liability
	IN NO EVENT SHALL THE LIABILITY OF ECCH HEREUNDER, WHETHER FOR BREACH OF WARRANTY OR CONTRACT, TORT (INCLUDING NEGLIGENCE), PATENT, COPYRIGHT OR OTHER INFRINGEMENT OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE MATERIALS WHICH ALLEGEDLY CAUSED THE DAMAGE. IN NO EVENT SHALL ECCH HAVE ANY LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
7	Intellectual property
	All intellectual property rights relating to the Materials (including, without limitation, copyrights, trademarks, service marks, know how and moral rights) shall at all times be and remain the property of ecch. Buyer shall not reproduce, copy, sell, license, hire, display or broadcast the Materials at any time in whole or in part.
8	Miscellaneous provisions
a	Non-assignment Buyer shall not assign any of its rights or obligations hereunder.
b	Governing law This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.
c	Force majeure ecch shall have no liability for loss or damage due to delays resulting from any cause beyond its reasonable control, including, without limitation, government law or regulation, acts of God, acts or omissions of Buyer, weather, labor difficulties, public disturbance, transportation, problems with suppliers, or any other cause whatsoever. Any such cause shall extend the time for ecch?s performance to the extent of the delay so incurred.
d	Entire agreement These Terms and Conditions, the provisions on the face hereof and any other documents incorporated by reference on the face hereof are the sole and exclusive statement of the agreement between the parties concerning the purchase and sale of the Materials and supersede any prior agreements, orders, quotations, demonstrations, samples, proposals or understandings in connection therewith. This Agreement may only be amended, modified, waived or revoked by a written instrument executed by both parties hereto.