CYCOGS® Sales Terms and Conditions

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Please review our Information on the CYCOGS® company Website Legal Information Portal.


CYCOGS Brand Sales Terms and Conditions
The CYCOGS® Sales Terms and Conditions shall be effective for all Merchandise and Services sold by the CYCOGS company to the "buyer" (and the Buyer's affiliates).  These Terms and Conditions of Sale shall supersede all other agreements, communications and understandings between the CYCOGS company and the buyer that are inconsistent with these terms.  No terms or conditions contained in any purchase or service order or other document submitted by  (or on behalf of)  buyer which conflict with or differ from these Terms and Conditions of Sale shall have been accepted by the CYCOGS company unless the changes have been specifically accepted in writing by the CYCOGS company.  Any purchase or service order submitted by the buyer containing different or additional terms shall be deemed to form a contract on all terms other than those which are different from or in addition to the terms of these Terms and Conditions of Sale.  All such different and additional terms are hereby declared to be material and hereby objected to and rejected by the CYCOGS company.  Nothing contained in these Terms and Conditions of Sale shall be deemed to constitute any commitment by the CYCOGS company to supply any particular quantity of merchandise and/or service to buyer.  Please review the Terms and Conditions.  The CYCOGS company may update and change without notice.  See specific written terms at time of sale which may supersede these terms.

PRICES

Prices and discounts in catalogs and published price lists are subject to change without notice, as these are prepared for the purpose of supplying general information, and are not quotations or offers to sell on the part of the CYCOGS company.  Prices are based on quantity and delivery period.  All quotations are subject to change after 30 days.  All orders will be invoiced at the price in effect at the time of shipment.

ORDERS

All orders received are subject to acceptance by the CYCOGS company at its Sauk City area location.  Modifications or changes to specifications, quantity, or delivery period of products and/or services covered by an order on which work has been started are acceptable only upon written approval of the CYCOGS company.  Under these circumstances, the CYCOGS company reserves the right to revise its price and delivery schedules to affect such change(s).  In addition, the CYCOGS company has the right to charge the buyer for expenses incurred by the CYCOGS company for work already performed but rendered unnecessary by such change(s).

TERMS

The terms are cash with order or at the option of the CYCOGS company, or other arrangements.  The CYCOGS company may require full or partial payment in advance.  Services will be invoiced twice per calendar month and buyer agrees to submit full payment promptly.

TAXES

The CYCOGS brand prices do not include sales, use, excise, duties or similar taxes.  Consequently, the buyer shall pay the amount of any present or future sales, use, excise, duties or other similar tax applicable to the sale of the product.  States that require the seller to collect sales taxes will be added to the purchase price.

SHIPMENT

All shipments are made F.O.B. from the CYCOGS company’s Sauk City area location.  Standard packing is included in the quoted price.  Orders should clearly state method of shipment, otherwise shipment will be made according to the CYCOGS company's best judgment.  No claims will be allowed for products damaged by the buyer or damaged in transit.  Claims for transit damage are to be filed with the carrier by the buyer.

DELIVERY

Delivery dates are approximate and are based on prompt receipt of all necessary information and approvals from the buyer.  The CYCOGS company is not liable for loss, damage, detention, or delay from acts of weather or nature, a fire or other casualty, accidents, strikes, shortage of labor or materials, governmental action or other causes beyond its reasonable control.  In the event of any such delay, the date of delivery will be extended by such length of time as may be reasonably necessary to compensate for the cause of the delay.  Storage of completed or partially completed product will be at buyer's expense.

CANCELLATIONS

No orders are accepted subject to cancellation, deferment, or decrease at a later date.  All requests for cancellation or for deferment of delivery must be in writing to the CYCOGS company.  Cancellation charges may include a 10% restocking fee, plus the cost of raw material on hand and on order, manufacturing cost, engineering expense, selling expense, and a reasonable profit depending on the degree of completion.

RETURN OF PRODUCT

Regardless of the reason for return, written approval for return must first be obtained from the CYCOGS company.  Buyer must prepay return transportation.

CLAIMS AND REJECTION OF PRODUCT

To reject product as not meeting specifications, the buyer must notify the CYCOGS company in writing within 15 days from initial receipt of the product.  The CYCOGS company shall have the option of re-inspection before allowing or rejecting the claim.

ENGINEERING SERVICES

The CYCOGS company and its representatives will generally furnish upon request, data and proposals relating to the application or use of its products with the buyer's equipment.  However, the CYCOGS company will not be responsible for the success or failure of such proposals after their adoption or use in whole or in part by the buyer.  Where extensive tests are required or special development work is undertaken, a charge will be necessary, but such a charge shall be agreed to by both parties prior to the start of work.  Title, all rights, and patents in connection with any development relating in any way to work made by CYCOGS shall remain the property of the CYCOGS LLC company.

CONSULTING SERVICES

CYCOGS LLC Consulting Services Only contract is a separate but similar document negotiated between the buyer and the CYCOGS company.  The Consulting Services contract agreement is based on industry norms.  Services shall be performed in a generally accepted industry standard and practice in a professional manor.  Buyer agrees its sole service-related recourse is correction of the service or of partial refund of the disputed service fees paid by buyer, at the sole discretion of the CYCOGS company.

CONFIDENTIAL INFORMATION AND RIGHTS

Buyer agrees that the work products directly relating to the CYCOGS brand products customizations and/or services shall be owned by the CYCOGS company unless negotiated otherwise.  The CYCOGS company shall not be prohibited or limited from using any experiences or knowledge relating to the customization or services provided unless specifically agreed upon.  Confidential information of disclosing party must be identified as propriety and/or confidential and remain the sole property of the discloser, unless expressly defined in the signed agreement.  Publicly available information is deemed not confidential between parties including information verifiably known before the time of disclosure.  Information developed by ether party independently without such access to the others confidential information remains confidential to that party.  Third party information rightfully received without any confidentiality requirements if strictly confidential to one party, should be considered confidential.  Disclosure of confidential information for any purpose is prohibited without the written consent of the other party.  Confidential information must be carefully safeguarded and not used or disclosed unless with written agreement and permission.  Such safeguarding applies to both the signed individuals and those of the other party who needs limited access to some confidential information in performance of their duties.  Wrongful use or disclosure of such confidential information may result legal action.

DESIGN, DIMENSIONS, AND WEIGHTS

The CYCOGS company reserves the right to revise, improve or discontinue designs without notice.  Any weights published are approximate and sufficiently accurate for most uses.  The buyer should request fee based certified prints where dimensions are critical.

LIMITED WARRANTY

The CYCOGS company warrants all products manufactured by the CYCOGS company to be free of defects in workmanship and materials when used under normal operating conditions and when applied in accordance with specifications of the product as shipped.  This warranty shall be in effect for a period of twelve months from date of purchase or twelve months from date of shipment, whichever comes first, unless a product has a different warranty period in its specifications.  The CYCOGS company will repair or replace at its option, any of its products which has been found to be defective and is within the warranty period, provided that the product is shipped freight prepaid, with previous authorization, to the CYCOGS company location in  Sauk City, Wisconsin 53560 U.S.A.  At its option, all return shipments are F.O.B. from the CYCOGS company location.  The CYCOGS company is not responsible for removal, installation, or any other incidental expenses incurred in shipping the product to or from the CYCOGS company.  This warranty is in lieu of any other expressed or implied warranty - including  (but not limited to)  any implied warranties of merchantability and/or fitness for a particular use or purpose.  The CYCOGS company liability under this warranty shall be solely limited to repair or replacement of the CYCOGS® Brand product within the warranty period and the CYCOGS company shall not be liable, under any circumstances, for any consequential, incidental or indirect damages or expenses associated with the warranted products.  Normal wear and tear are a normal occurrence and are not covered by this warranty unless otherwise agreed to by the CYCOGS company in writing.  Any product of the CYCOGS® brand, which is damaged due to misuse, abuse, and negligence or has been modified or dismantled without the knowledge or written consent of the CYCOGS company, is not covered by this warranty.  All such communications between the buyer and the CYCOGS company shall be in writing.

ERRORS

CYCOGS is not responsible for typographical errors or omissions made in any of its publications or for any stenographic or clerical errors.  All such errors are subject to correction.

ACCEPTANCE BY BUYER

The CYCOGS company is not bound by any printed matter on the buyer's acceptance forms or purchase orders which impose conditions which vary with the terms herein provided, and buyer's issuance of an order to the CYCOGS company quotations shall be deemed an acceptance of the Sale Terms and Conditions herein.  These terms and conditions are subject to modification only by the mutual agreement in writing of authorized individuals of the buyer and the CYCOGS company.  If these Terms and Conditions are not acceptable, the buyer must notify the CYCOGS LLC company at once.

VENUE of GOVERNING LAW;

The law of the State of Wisconsin shall be deemed applicable to all aspects of the transaction to which these Sale Terms and Conditions relate, and all products delivered under the Sale Terms and Conditions.  The CYCOGS LLC company and buyer agree that venue for all disputes arising under the Sale Terms and Conditions will lie in courts located in  Dane County, Wisconsin. 

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Sales E-mail:  sales@CYCOGS.com