General Terms and Conditions of Sale

All sales made by HOLO-OR LTD., (“Seller”) to the Buyer (“Buyer”) are expressly conditioned on Buyer’s acceptance of the following terms and conditions. Seller will not be bound by any terms of Buyer’s Purchase Order or other acknowledgement form that are inconsistent with the terms herein. These terms and conditions may only be amended or waived in writing signed by an authorized representative of Seller. Neither Seller’s commencement or performance nor delivery shall be deemed or construed as acceptance of Buyer’s additional or different terms and conditions.

ORDER AND ORDER ACCEPTANCE

All orders for Products shall be made by written purchase order sent to Seller, or by fax, email, or via the web. All purchase orders shall reference these terms and conditions. No purchase order shall be binding upon Seller until accepted in writing by Seller, and Seller shall have no liability to Buyer with respect to purchase orders that are not accepted. Buyer shall submit purchase orders to Seller in accordance with Seller’s lead times then in effect. Once Seller accepts a purchase order, a Confirmation of Order will be issued.

Requests for Quotes can be sent to Seller by fax, email, or via the web. Seller will issue Price Quotations in writing to Buyer based on current pricing and availability. Price Quotations are not binding upon the Seller.

PRICING

All quoted pricing is valid for 30 days from issuance of quote unless otherwise specified by Seller. Unless otherwise agreed to by Seller in writing, all prices for the sale of Product for delivery in the United States and all countries not mentioned below are stated in and to be paid in
United States Dollars. All prices for the sale of Product for delivery (i) to Israel are stated in and to be paid in  ILS, (ii) to all European countries are stated in and to be paid in EUR, and (iii) to Japan are stated in and to be paid in Yen.

SALES AND SIMILAR TAXES

Quoted pricing does not include any local taxes, assessments or duties unless otherwise stated. Buyer shall promptly pay the amount of any present or future sales, use, or other similar tax (and all applicable interest or penalties) applicable to the sale of the Products hereunder, whether such amount is specified in the Sales Order, subsequently determined or recalculated. In lieu thereof, Buyer shall provide Seller with a tax exemption certificate acceptable to the taxing authorities.

PAYMENT TERMS

Unless otherwise specified by Seller, payment terms are Full Pre-Payment. Buyer will pay Seller’s reasonable attorneys’ fees incurred in collecting past due amounts owed. Unless otherwise agreed upon by Seller in writing, any dispute arising out of or related to the Sales Order shall be brought exclusively in the courts of the State of Israel, and Israel law should govern the sales transaction.

CANCELLATION

After acceptance by the Seller, the Buyer’s order is not subject to cancellation, change, reduction in amounts, or suspension or delay of shipment, except with the Seller’s written consent. Cancelled orders consented to by the Seller are subject to cancellation charges, based upon all expenses incurred by the Seller up to the time of cancellation. This includes excess inventory of stock items that have been specifically allocated to the Buyer and exceed normal Seller inventory levels for a period. Seller may cancel the order in the following cases: the Seller’s costs have exceeded selling price to Buyer; the Seller is unable to provide product due to factors beyond the Seller’s control.

HAVE A PROBLEM WITH A PURCHASED PRODUCT?

Generally, HOLO-OR produces per Buyer purchase order and does not allow product returns. If any problem occurs with your purchased product or you think the product is flawed, you are free to contact us via website or email and we will examine your claim on a case-by-case basis.

SPECIFICATIONS PROVIDED BY THE BUYER

Buyer shall indemnify, defend, and hold Seller, and its subcontractors and affiliates, and their respective officers, directors and employees, harmless from any liabilities and expenses, including reasonable attorneys’ fees, to the extent resulting from a claim alleging that any Product sold by Seller infringes the copyright, trademark, patent, trade secret or other intellectual property right of a third party due to specifications or requirements provided by Buyer.

SUSPENSION OF WORK

Seller agrees to use its best efforts to meet scheduled delivery requirements. Seller shall not be liable for any delay in performance or in the shipment or delivery of goods or for any damages or excess costs suffered by Buyer by reason of such delay, if such delay is beyond the Seller’s and/or the Seller’s subcontractors or supplier’s reasonable control. Such causes may include, but are not limited to, the direct or indirect result of, by, or in any manner arising from, fires, floods, epidemics, quarantine restrictions, accidents, civil unrest, war, acts of God, acts of the public enemy, acts of the Government in either its sovereign or contractual capacity, Governmental interference or embargoes, strikes, labor difficulties, shortage of labor, equipment malfunction, fuel, power, materials, supplies, transportation and/or weather delays, or any other cause or causes similar in nature to any of those specified herein. Seller will, within a commercially reasonable time, notify Buyer of any schedule delay.

DELIVERY, SHIPMENT, AND ACCEPTANCE

All Products are shipped Ex-Works from Seller’s warehouse, unless otherwise agreed upon with Buyer upon receiving the Purchase Order. Buyer is responsible for any loss or damage to shipments after Seller has delivered the Products to any common carrier. Seller shall use reasonable efforts to deliver Products at the times specified in the Sales Order, provided, however, that all delivery dates are estimates and deliveries may be made in installments. All Products delivered will be packaged in accordance with Seller’s standard practice or mutually agreed upon method.

Shipping

Orders received will be processed and acknowledged within 1 work day (24 hours) unless the order includes NRE or other special preparations.

Stock item orders will be shipped within 1 work week.

Orders of items which require manufacturing will be shipped up until the date declared upon in the order confirmation.   

LIMITED WARRANTY:

OTHER THAN AS EXPRESSLY SET FORTH HEREIN OR AS CONTAINED IN ANY EXPRESS WRITTEN WARRANTIES PROVIDED WITH PRODUCTS AT DELIVERY AND TO THE EXTENT PERMITTED BY LAW, THE SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE PRODUCTS FOR ANY PARTICULAR PURPOSE. SELLER SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE OR PERFORMANCE OF THE PRODUCTS. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER OR ITS CUSTOMERS FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES RESULTING FROM LOSS OF USE, INTERRUPTION OF BUSINESS, OR LOST PROFITS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY TO BUYER AND ITS CUSTOMERS EXCEED THE AMOUNT PAID FOR PRODUCTS PURCHASED UNDER THIS AGREEMENT IN THE PRIOR 6 MONTHS.

IN THE CASE OF CONSUMER BUYERS, THE DURATION OF ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS LIMITED TO THE DURATION OF THE EXPRESS WARRANTIES PROVIDED IN THE APPLICABLE LIMITED WARRANTY.

Notice to Consumer Buyers: Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

Payment Options 

The following payment options are at the option and in the discretion of Seller.

• Credit Card: A 3% Credit Card fee is included in the charge for all quotes paid by Credit Card. Acceptable cards include: MasterCard, Visa, American Express.
• Bank Wire Transfer

Shipment is based on availability of stock after payment is received.