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Terms and Conditions

Standard Terms and Conditions of Purchasing

  1. Definitions
    • Buyer : BetaTron Electronics, a company registered under the laws of New Mexico, with its principal place of business at 1381 Flightway Ave, Albuquerque, NM 87106.
    • Seller : The entity supplying goods to the Buyer.
    • Goods : The products specified in the Buyer’s purchase order.
    • Contract : The agreement between the Buyer and Seller for the sale and purchase of Goods, incorporating these Terms and Conditions.
  2. General
    • These Terms and Conditions govern all purchases of Goods by the Buyer from the Seller. Any modifications or additions to these terms must be agreed upon in writing by both parties.
    • These Terms and Conditions prevail over any terms or conditions provided by the Seller, unless expressly agreed otherwise in writing.
  3. Orders
    • All purchase orders issued by the Buyer are subject to these Terms and Conditions.
    • The Seller shall confirm acceptance of the purchase order in writing within 3 days or receipt of order, and the Contract shall become binding upon such confirmation.
  4. Price and Payment
    • The price for the Goods shall be as stated in the Buyer’s purchase order.
    • Payment terms are 30 days from the date of receipt of the invoice, unless otherwise agreed in writing.
    • The Buyer reserves the right to withhold payment if the Goods do not conform to the purchase order or these Terms and Conditions.
  5. Delivery
    • The Seller shall deliver the Goods in accordance with the delivery schedule specified in the purchase order.
    • Time is of the essence with respect to delivery. The Buyer reserves the right to cancel the order or impose penalties if the Goods are not delivered on time.
    • The Seller shall be responsible for any shipping, handling, and insurance costs, unless otherwise agreed in writing.
    • Risk of loss or damage to the Goods shall pass to the Buyer upon delivery and acceptance of the Goods.
  6. Inspection and Acceptance
    • The Buyer shall have 10 days to inspect the Goods upon delivery and notify the Seller of any defects or non-conformities.
    • The Buyer may, at its discretion, reject non-conforming Goods, require replacement, or accept them with an appropriate price adjustment.
    • Payment for the Goods does not constitute acceptance.
  7. Warranty
    • The Seller warrants that the Goods shall be free from defects in material and workmanship, conform to the specifications provided by the Buyer, and be fit for their intended purpose.
    • The Seller shall, at its own expense, promptly repair or replace any defective Goods or refund the purchase price.
  8. Compliance with Laws
    • The Seller warrants that all Goods supplied shall comply with all applicable laws, regulations, and industry standards, including but not limited to environmental, health, and safety regulations.
  9. Indemnification
    • The Seller shall indemnify, defend, and hold harmless the Buyer from any and all claims, damages, losses, and expenses arising from the Seller’s breach of these Terms and Conditions, negligence, or willful misconduct.
  10. Limitation of Liability
    • The Buyer’s liability under the Contract shall be limited to the price of the Goods. The Buyer shall not be liable for any indirect, incidental, or consequential damages.
  11. Confidentiality
    • The Seller shall keep confidential all information provided by the Buyer and shall not disclose such information to any third party without the Buyer’s prior written consent.
  12. Communications
    • The Buyer and Seller agree that communications relating to orders, delivery, support, or other matters under the Contract may be conducted via email, phone, and SMS (Short Message Service).
    • By providing contact details or initiating communication, each party consents to receive messages via the specified methods.
    • All communications shall be professional, relevant to the Contract, and compliant with applicable laws and data privacy regulations.
    • Email: Email shall be considered an acceptable form of written communication. Notices or documentation sent via email shall be deemed received upon delivery confirmation unless otherwise stated.
    • Phone: Verbal communication by phone may be used for coordination or clarification purposes but shall not constitute formal notice unless confirmed in writing.
    • SMS: SMS messages may be used for time-sensitive updates such as delivery status, scheduling, or order coordination. Messages will be conversational in nature, allowing for two-way communication to resolve issues or coordinate tasks efficiently. Recipients may opt out of SMS communications at any time by replying with the word STOP. Upon receipt of the STOP message, no further SMS messages will be sent to that number unless consent is renewed. Standard messaging and data rates may apply. Each party is responsible for any fees incurred through its own telecommunications provider.
  13. Force Majeure
    • Neither party shall be liable for any delay or failure to perform its obligations under the Contract due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war, and supply chain disruptions.
  14. Governing Law
    • The Contract shall be governed by and construed in accordance with the laws of New Mexico.
    • Any disputes arising out of or in connection with the Contract shall be subject to the exclusive jurisdiction of the courts of New Mexico.
  15. Entire Agreement
    • These Terms and Conditions, together with the purchase order, constitute the entire agreement between the parties and supersede any prior agreements or understandings.
  16. Amendments
    • Any amendments or modifications to these Terms and Conditions must be in writing and signed by both parties.
  17. Severability
    • If any provision of these Terms and Conditions is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

Standard Terms and Conditions of Sale

  1. Definitions
    • Seller : BetaTron Electronics, a company registered under the laws of New Mexico, with its principal place of business at 1381 Flightway Ave, Albuquerque, NM 87106.
    • Buyer : The entity purchasing goods from the Seller.
    • Goods : The industrial products specified in the Seller’s order confirmation.
    • Contract : The agreement between the Seller and Buyer for the sale and purchase of Goods, incorporating these Terms and Conditions.
  2. General
    • These Terms and Conditions govern all sales of Goods by the Seller to the Buyer. Any modifications or additions to these terms must be agreed upon in writing by both parties.
  3. Orders
    • All orders are subject to acceptance by the Seller. The Seller reserves the right to refuse any order at its discretion.
    • The Contract shall become binding when the Seller confirms acceptance of the Buyer’s order in writing.
  4. Price and Payment
    • All prices are F.O.B shipping point unless otherwise specified.
    • Prices for the Goods are as stated in the Seller’s quotation or order confirmation.
    • Quoted prices are subject to addition for federal, state or local taxes.
    • Payment terms are 30 days from the date of the invoice, unless otherwise agreed in writing.
    • The Buyer shall make all payments in full without any deduction or set-off.
    • The Seller reserves the right to charge interest on overdue payments at a rate of 1.5% per month.
  5. Delivery
    • Delivery dates are estimates only and are not guaranteed. The Seller will make reasonable efforts to deliver the Goods within the time specified.
    • The risk of loss or damage to the Goods passes to the Buyer upon shipment.
    • The Buyer shall be responsible for all shipping, handling, and insurance costs unless otherwise agreed in writing.
  6. Cancellation
    • No order may be cancelled or changed in whole or in part without the prior written consent of Seller.
    • Shipment of goods cannot be extended beyond the original shipping date specified without Seller’s written consent.
  7. Non-Cancellable and Non-Returnable Goods
    • Non-Cancellable and Non-Returnable Goods may only be returned or cancelled upon the express written approval of Seller.
    • If no such approval is granted by Seller, Buyer remains responsible for payment of any and all invoices relating to such Goods.
  8. Inspection and Acceptance
    • The Buyer must inspect the Goods immediately upon receipt and notify the Seller of any defects or non-conformities within 10 days.
    • Failure to notify the Seller within the specified period constitutes acceptance of the Goods.
  9. Warranty
    • The Seller warrants that the Goods produced by Seller will be free from defects in material and workmanship for a period of 12 months from the date of shipment.
    • The Seller warrants that the Goods distributed by Seller will be free from defects in material and workmanship for a period of 3 months from the date of shipment.  Should the Goods fail to meet any manufacturer’s warranty, then upon notification thereof by Buyer to Seller and substantiation from Buyer that the product has been stored, installed, maintained and operated in accordance with manufacturer’s recommendations and standard industry practice, Seller shall assist Buyer in obtaining suitable repair or replacement, or other remedy, as provided in the applicable manufacturer’s warranty.
    • The Seller’s liability under this warranty is limited to the repair or replacement of defective Goods or a refund of the purchase price, at the Seller’s discretion.
    • This warranty does not cover defects arising from misuse, improper installation, or unauthorized modifications.
  10. Limitation of Liability
    • The Seller’s total liability under the Contract shall not exceed the price of the Goods.
    • The Seller shall not be liable for any indirect, incidental, or consequential damages arising from the sale or use of the Goods.
  11. Return Goods Policy
    • No Goods will be accepted for return without the Seller’s approved Return Goods Authorization (“RGA”).
    • Any request to return Goods must be made within ten (10) days from the receipt of goods by Buyer.
    • All returns are subject to a restocking charge.
    • Special ordered or modified Goods are not returnable.
  12. Communications
    • The Buyer and Seller agree that communications relating to orders, delivery, support, or other matters under the Contract may be conducted via email, phone, and SMS (Short Message Service).
    • By providing contact details or initiating communication, each party consents to receive messages via the specified methods.
    • All communications shall be professional, relevant to the Contract, and compliant with applicable laws and data privacy regulations.
    • Email: Email shall be considered an acceptable form of written communication. Notices or documentation sent via email shall be deemed received upon delivery confirmation unless otherwise stated.
    • Phone: Verbal communication by phone may be used for coordination or clarification purposes but shall not constitute formal notice unless confirmed in writing.
    • SMS: SMS messages may be used for time-sensitive updates such as delivery status, scheduling, or order coordination. Messages will be conversational in nature, allowing for two-way communication to resolve issues or coordinate tasks efficiently. Recipients may opt out of SMS communications at any time by replying with the word STOP. Upon receipt of the STOP message, no further SMS messages will be sent to that number unless consent is renewed. Standard messaging and data rates may apply. Each party is responsible for any fees incurred through its own telecommunications provider.
  13. Force Majeure
    • The Seller shall not be liable for any delay or failure to perform due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of war, labor disputes, and supply chain disruptions.
  14. Governing Law
    • The Contract shall be governed by and construed in accordance with the laws of New Mexico.
    • Any disputes arising out of or in connection with the Contract shall be subject to the exclusive jurisdiction of the courts of New Mexico.
  15. Entire Agreement
    • These Terms and Conditions, together with the order confirmation, constitute the entire agreement between the parties and supersede any prior agreements or understandings.
  16. Amendments
    • Any amendments or modifications to these Terms and Conditions must be in writing and signed by both parties.
  17. Severability
    • If any provision of these Terms and Conditions is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

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