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Offer & Acceptance
Any terms in the order which purport to reject, amend or alter some or all of Defeo’s terms, by virtue of standard form language or otherwise, shall not be sufficient objection. Buyer shall be required to set forth each objection to Defeo’s terms in a separate writing signed and dated by buyer and delivered to Defeo prior to Defeo’s shipment of the products. Defeo’s failure to object to provisions in the order or any purchase order or other communication from buyer (including, without limitation, penalty clauses or warranties of any kind), shall not constitute a waiver by Defeo of Defeo’s Terms, nor an acceptance by Defeo of any such provisions. Any terms in the order or any other documents which are different from or in addition to Defeo’s terms are rejected unless specifically accepted by Defeo in a separate document signed by both buyer and Defeo, regardless of whether such other terms would materially alter these terms. No course of dealing, custom or usage, which is contrary to Defeo’s terms, shall apply.

Any terms in the order which purport to reject, amend or alter some or all of Defeo’s terms, by virtue of standard form language or otherwise, shall not be sufficient objection. Buyer shall be required to set forth each objection to Defeo’s terms in a separate writing signed and dated by buyer and delivered to Defeo prior to Defeo’s shipment of the products. Defeo’s failure to object to provisions in the order or any purchase order or other communication from buyer (including, without limitation, penalty clauses or warranties of any kind), shall not constitute a waiver by Defeo of Defeo’s Terms, nor an acceptance by Defeo of any such provisions. Any terms in the order or any other documents which are different from or in addition to Defeo’s terms are rejected unless specifically accepted by Defeo in a separate document signed by both buyer and Defeo, regardless of whether such other terms would materially alter these terms. No course of dealing, custom or usage, which is contrary to Defeo’s terms, shall apply.

Each Order shall specify (i) the amount of the purchased Products and the location to which the ordered products are to be shipped and (ii) the requested ship date. Defeo reserves the right to correct any typographical or clerical errors in prices, specifications, quotations, or acknowledgments.

The Agreement constitutes the entire agreement of the parties, and supersedes all prior written or oral representations made by the parties with respect to the subjects addressed in this Agreement. The parties do not intend that their Agreement shall create a right of enforcement in any third party and, in fact, the parties expressly intend that there be no third parties with standing to enforce any provision of the parties’ Agreement. In the event Buyer obtains funding from a third party, Buyer agrees that Buyer shall have no rights as a third-party beneficiary in any contract between Defeo and that third-party.
 
Prices, Shipment & Delivery
Prices are based on U.S. dollars and are F.O.B. point of shipment. If no price is included in the order, the price shall be the price set out in Defeo's price list in force as of the date of the order, as may be amended from time to time. Prices do not include applicable freight or delivery charges, fuel surcharges, insurance, customs, duties, fees or taxes (such as present or future sales, excise, use, ad valorem) or any export or import duties. Those charges may be prepaid by Defeo and added to buyer’s invoice. If buyer provides no carrier information, routing or packaging instructions, Defeo shall have sole discretion as to mode, routing and/or packaging of shipment.

The Products subject to this sale shall be limited to those described in the Defeo Invoice accompanying the product and/or shipment.

Sales tax will be charged on all shipments unless a current exemption certificate is on file with Defeo.

Risk of loss or damage to the product shall pass from Defeo to Buyer upon delivery to a carrier at point of shipment.

Any shipment, delivery, or performance date stated in the order, Defeo Invoice or other contract document is an approximation only and does not constitute any guarantee of shipment, delivery, or performance on any particular date.

The Product subject to this sale, and any related technology or software, which is exported from the United States, is done in accordance with the Export Administration Regulations. Buyer diversion, export or re-export or other transfer is at Buyer’s own expense; and if contrary to applicable United States’ laws, is expressly prohibited and at Buyer’s own risk.
 
Confidential Information
All non-public, confidential or proprietary information of Defeo, including, but not limited to, specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts or rebates, disclosed by Defeo to Buyer, whether disclosed orally, visually, or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as "confidential," in connection with the Order is confidential, solely for the use of performing the Order and may not be disclosed, copied or disseminated unless authorized by Defeo in writing. Defeo shall be entitled to injunctive relief for any violation of this Section. This Section shall not apply to information that is: (a) in the public domain; (b) known to Buyer at the time of disclosure; or (c) rightfully obtained by the Buyer on a non-confidential basis from a third party.
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