The following Terms and Conditions (Terms) apply to all sales made by Lake Shore Cryotronics, Inc. (Lake Shore), except where there is a conflict between the Terms and a contractual agreement contained in a purchaser’s written Sales Agreement, in which case the Sales Agreement shall control.

1. System and probe station level product orders totaling $50,000 +
   1. 50% payment must be received upon issuance of order. The remaining 50% payment must be received within 30 days of invoice date
2. Custom fabricated or non-catalog products
   1. For orders totaling $50,000 +: 50% payment must be received upon issuance of order. The remaining 50% payment must be received within 30 days of invoice date
   2. For orders totaling less than $50,000: Full payment must be received within 30 days of invoice date
   3. All non-recurring engineering (NRE) charges must be received 100% in full upon issuance of order
3. Instruments, sensors, and other standard catalog products
   1. Full payment must be received within 30 days of invoice date

Where Lake Shore is not responsible to remit the tax on sale to pertinent governmental entities, then the Purchaser shall be responsible to remit such tax. Value Added Tax(VAT) and other export taxes are the responsibility of the purchaser..

There is a $75 minimum charge for orders placed with a purchase order (PO) and a $5,000 minimum charge for orders placed with a letter of credit (LC). There is no minimum order charge for other payment methods accepted by Lake Shore.

Proposed delivery dates are based upon Lake Shore production schedules at the time of Lake Shore’s receipt of the Purchaser’s order. However, Lake Shore shall not be liable for any direct or indirect Purchaser damages for default in or delay in delivery. Transportation charges between the Lake Shore factory or warehouse and the Purchaser’s delivery point are payable by the Purchaser as a separate invoice item unless otherwise set forth in the quotation and contract in writing.

Hazardous Materials: Lake Shore reserves the right to separate the hazardous materials from the rest of the purchaser’s shipment and to send hazardous materials directly to the customer via the "Best Way" available, in accord with Lake Shore’s discretion, without incurring any liability to Purchaser for default in or delay in delivery of the same to the Purchaser or for its decision to treat the goods as hazardous materials, regardless as to how the purchaser originally scheduled the transport of the goods purchased.

Risk of Loss: Unless otherwise indicated in writing, the title to Purchaser’s goods and risk of loss for such goods pass to Purchaser when the products have been delivered to the Purchaser’s transport agent at Lake Shore Cryotronics, Inc.’s plant dock or shipping department in Westerville, Ohio.

Lake Shore shall not be liable for any damage or penalty for delay in or for failure in performance under its sale agreement with Purchaser, including any failure to give notice of delay in delivery due to the weather, acts of God, act of civil or military authority within any government, war, riot, concerted labor action, shortages of materials, or any other causes beyond the reasonable control of Lake Shore.

If the Purchaser fails to return the Acceptance, or fails to respond to the issuance of the same to the Purchaser, then the Purchaser’s failure to respond to the certificate within the time allotted shall constitute acceptance by the Purchaser.

The Purchaser may cancel orders for catalog items if the Purchaser pays Lake Shore’s re-stocking charge. (See Returned Goods below.)

A Purchaser’s order for custom fabricated or non-catalog products can not be cancelled under any condition, and the Purchaser must remit the purchase price of such product to Lake Shore; the Purchaser and Lake Shore may reach mutually agreed terms in writing regarding other costs or expenses that are attributable to the Purchaser’s election to terminate shipment of a product. However, the Purchaser shall be responsible for all expense or costs incurred or obligated by Lake Shore in relation to such product prior to the date and time of Purchaser’s notification to Lake Shore of Purchaser’s intent. Purchaser shall further indemnify Lake Shore from all such expense or cost

Goods may not be returned to Lake Shore for any reason, except with prior written authorization from Lake Shore. Unless otherwise agreed, authorized returned goods that are not properly rejected for compliance reasons are subject to a 15% re-stocking charge [there is a $50.00 minimum charge for domestic US Purchasers and a $60.00 minimum charge for International Purchasers on sensors and other temperature transducers], plus an assessment against the Purchaser of any additional expense required to return received material to first class salable condition.

Purchaser agrees to comply fully with all laws and regulations concerning the purchase and sale of products. In particular, Purchaser agrees to comply with the Export Administration Regulations of the United States in so far as they apply to the sale, re-sale and transport of products.

As part of Lake Shore’s compliance with export regulations, Lake Shore collects and records end-user information to determine whether Lake Shore needs export licenses for its products. As such, all products must be delivered to the agreed upon contract ultimate destination, as shown on Lake Shore sale paperwork. Any in-transit diversion from the agreed upon ultimate destination is prohibited.