Terms & Conditions

Placing Orders

All orders must be accepted by Kimball Physics. Any terms and conditions stated by purchaser are rejected if they conflict with the Kimball Physics Terms of Sale, and shipment of ordered goods shall not constitute acceptance of purchaser’s terms and conditions.

Telephone orders and fax orders are the fastest; written purchase orders are the most reliable. Please state the model numbers, item names, and the quantities required. To reduce the possibility of duplicate shipments, a written order which confirms a telephone order should be clearly marked “confirming order only”, and should reference the date of the phone order.

There is no minimum order. Neither the world of science, nor the environment, is well served by policies which cause the accumulation of unneeded materials. However, to reduce paperwork costs on both sides, it is best to combine small orders where possible.

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Terms, Shipments and Methods of Payment

Standard terms are Net 30 Days for customers with approved credit. VISA, MASTERCARD and AMERICAN EXPRESS are accepted. Alternative methods of payment include: Prepayment, Letter of Credit, and Cash-On-Delivery.

All Domestic orders are FOB Wilton, NH. All Foreign orders are ExWorks Wilton, NH (INCOTERMS). Unless otherwise specified, freight and insurance are prepaid and added to invoice. Orders shipped across international boundaries carry a 1% (minimum $25) export handling charge.

Prices are subject to change without notice. All shipments are subject to the export laws of the United States.

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Agents

In the USA most products are sold factory-direct. An exception is retail electron microscopy related products in North America. For international sales, many products are sold through (non-exclusive) agents. Please reference the List of Agents. Factory-direct sales are permitted overseas.

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Specifications / Quotations

Kimball Physics is constantly making engineering and design improvements; hence product specifications are subject to change without notice. Customers with fixed needs may submit fixed specifications in a request for quotation; Kimball Physics will respond to the specific need. Note that it is not necessarily possible to achieve all maximum specifications simultaneously.

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Shipment Dates

Shipping dates agreed upon at the time of the order represent best effort estimations, and are subject to modification, particularly in the case of specials and custom designs. Although attempts will always be made to accommodate a customer’s desired delivery, Kimball Physics cannot accept responsibility for delays.

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Returns of New Goods / Exchanges

In the event that an ordering or shipping error has occurred on either side, it is usually possible to exchange for the desired goods. Please contact Kimball Physics Customer Service within 30 days of the date of shipment to obtain a Return Authorization Number (RA number). The RA number must be obtained prior to the return of any goods; and must be displayed on the outside of the package. Goods must be returned freight prepaid in new / unused condition in the original packaging. UHV products must be returned still UHV clean. In some cases, there may be a restocking charge. Special orders are not normally returnable.

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Returns for Repair

Occasionally a unit may behave in an undesired manner. If the unit was supplied with an instruction manual, data sheets, or technical notes, (most units are) it is wise to study this material first. If the application of this information does not rectify the situation, the next step should be to obtain advice from Kimball Physics Customer Service, or from Kimball Physics Engineering. After consultation, if the unit still has problems which are impractical or inconvenient to correct by the customer at the customer facility, then it will be necessary to return the unit to the factory for evaluation. Obtain a Return Authorization Number (RA number) and an Evaluation Form (if pertinent) from Customer Service prior to sending any material.

The RA number must be displayed on the outside of all packages, on the Packing List and on any Purchase Order. Goods must be well packed, and sent freight prepaid. Returns for standard repair must have a Purchase Order. If the repair is evaluated as a warranty repair, the unit will be returned freight prepaid, at no charge.

Under normal circumstances, Kimball Physics does not send service engineers to customer facilities; the number of different products, along with the special materials required for cleaning and repair, makes this procedure expensive and usually impractical.

Products which have been exposed to any toxic material require a Safety Declaration Form to be filled out before they can be accepted for evaluation, rebuilding, or repair. This form can be obtained from Customer Service via fax or email. The form should accompany the returned goods, affixed on the outside of the package. The declaration must: 1) state what hazardous substances were in contact with the product, and 2) list the decontamination procedures that have been followed to date, such that the product is now safe for handling.

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Customer Support

A maximum effort will be made to support customer needs, and to reply to questions. Please call Customer Service; every attempt will be made to answer quickly and accurately. Kimball Physics maintains a staff of consultants, who may also be able to assist.

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Warranty

Kimball Physics standard electron gun and ion gun subsystem products, along with the associated drive electronics are guaranteed to be free of defects in materials and workmanship for a period of one year from the date of original shipment. Some expendable items, such as emitters, phosphor screens, etc., may have lifetimes in normal use which are less than one year. If such items fail to give satisfactory service as determined by Kimball Physics, they may be repaired or replaced at the discretion of Kimball Physics. Warranty does not apply in cases with evidence of accident, neglect, misuse, or negligence. Some individual products carry warranties specific to the product line. Kimball Physics normally supplies technical data with products; in addition, assistance is available in the selection and use of products. However, there are no implied warranties of merchantability or of fitness for a particular purpose given in connection with the sale of any product. Kimball Physics does not assume liability for consequential, incidental, or special damages. The purchaser’s sole and exclusive remedy, and the limit of the Kimball Physics liability for any loss whatsoever, shall not exceed the purchase price paid by purchaser for the unit(s) or equipment to which a claim is made.

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Arbitration

Any dispute shall be settled by arbitration in the City of Boston, Massachusetts in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Award of the Arbitrator(s) shall be final, and judgment upon the award may be entered in any court having jurisdiction thereof. Any award rendered by the Arbitrator(s) may include compensatory damages and costs but under no circumstances shall either party be liable for, or shall the Arbitrator(s) be authorized or empowered to award, any incidental, consequential, or special (including punitive or multiple) damages.

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Changes

Any changes requested by purchaser after the order is placed must be accepted by Kimball Physics and may result in a price or delivery modification .

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