Terms and Conditions of Sale

1. General

These Terms and Conditions of Sale apply to quotations made, orders accepted, invoices issued, and products or services supplied by SpectrEcology (“Seller”) to the purchaser (“Buyer”).

Acceptance by SpectrEcology of an order, whether by written confirmation, shipment, invoicing, or commencement of performance, shall be subject to these Terms and Conditions unless otherwise expressly agreed to in writing by an authorized representative of SpectrEcology.

Any additional or different terms proposed by Buyer shall not apply unless specifically accepted in writing by SpectrEcology.

2. Acceptance of Orders

All orders for products or services are subject to acceptance by SpectrEcology. SpectrEcology reserves the right to accept, reject, limit, or decline any order, in whole or in part.

The availability of a product on the SpectrEcology website does not itself constitute acceptance of an order.

3. Acceptance of Products

Buyer should inspect all products promptly upon delivery. Any visible shipping damage, missing items, or incorrect products should be reported to SpectrEcology as soon as reasonably possible.

Claims relating to damage occurring during transportation may also be subject to the requirements and procedures of the applicable shipping carrier.

4. Prices

Prices are those specified in the applicable SpectrEcology quotation, order confirmation, invoice, or product listing.

If Buyer changes quantities, specifications, configuration, shipping requirements, or other material elements of an order, SpectrEcology may revise the applicable pricing before the order is fulfilled.

SpectrEcology reserves the right to update website pricing, product information, and availability without prior notice.

5. Taxes

Unless expressly stated otherwise, applicable taxes, customs duties, tariffs, import charges, brokerage charges, or similar governmental fees are not included in the product price.

Local taxes and import fees associated with international shipments are the responsibility of the Buyer.

6. Delivery

SpectrEcology accepts prepaid orders and may ship products worldwide, subject to product availability, carrier availability, applicable laws, and export restrictions.

Any shipment or delivery date communicated by SpectrEcology is an estimate unless expressly agreed otherwise in writing.

SpectrEcology may make partial shipments when reasonably necessary to fulfill an order.

7. Transportation

Shipping arrangements may be selected according to destination, product type, Buyer instructions, and available carrier services.

Buyer should inspect delivered packages for visible damage and retain packaging materials where a shipping claim may be necessary.

8. Payment and Terms

Payment shall be made in accordance with the method and payment terms stated in the applicable quotation, invoice, purchase order acceptance, or online transaction.

SpectrEcology accepts purchase orders and may accept credit card orders placed by telephone, subject to approval and any applicable account requirements.

SpectrEcology may require prepayment or other payment arrangements before processing or shipping an order.

9. Intellectual Property

All SpectrEcology trademarks, logos, product names, website content, documentation, graphics, technical materials, and other proprietary materials remain the property of SpectrEcology or their respective third-party owners.

Buyer may not remove or alter copyright, trademark, proprietary, or other legal notices appearing on SpectrEcology products, software, publications, or documentation.

10. Ownership and Rights in Data

Except where expressly agreed otherwise in writing, SpectrEcology retains its rights and interests in technology, software, designs, product documentation, technical information, know-how, and other intellectual property supplied or used in connection with its products and services.

Purchasing a SpectrEcology product does not transfer ownership of SpectrEcology intellectual property incorporated into or associated with that product.

11. Limited Warranty

Buyer should inspect and reasonably test each product following receipt and before use where practical.

Subject to the applicable product warranty, SpectrEcology’s warranty applies to defects arising from materials, manufacturing, or workmanship under normal and intended use.

Warranty coverage does not apply to damage or malfunction resulting from misuse, accident, neglect, improper storage, improper installation, use outside product specifications, unauthorized modification, disassembly, or repair.

12. Non-Warranted Repairs

If a product is damaged or otherwise requires service that is not covered by the applicable warranty, SpectrEcology may evaluate whether the product can reasonably be repaired.

Where repair is possible, SpectrEcology may provide the Buyer with a quotation before non-warranty work is performed.

Applicable transportation, shipping, handling, parts, and service charges may be the responsibility of Buyer.

13. Return for Repair Policy

Before sending a product to SpectrEcology for inspection, warranty evaluation, or repair, Buyer should contact SpectrEcology for return and shipping instructions.

Products should not be returned for repair without first coordinating the return with SpectrEcology.

14. Returns

Eligible items may be returned within thirty (30) days for a refund provided that they are returned in good condition and comply with SpectrEcology’s applicable return requirements.

Before returning an item, Buyer should contact SpectrEcology for return and shipping instructions.

Products that have been damaged, modified, improperly used, or materially altered after delivery may not qualify for a standard return.

15. Support Services

SpectrEcology provides product and technical support services in connection with products it supplies.

Availability, scope, timing, and any applicable fees associated with support, calibration, repair, customization, software, upgrades, or other technical services may vary depending on the product and service requested.

16. Limitation of Liability

To the maximum extent permitted by applicable law, SpectrEcology shall not be liable for indirect, incidental, special, punitive, or consequential damages arising from the purchase, use, misuse, inability to use, or performance of a product or service.

Such damages may include lost profits, loss of revenue, lost data, loss of business opportunity, business interruption, or damage to other equipment.

Buyer is responsible for determining whether a product is suitable for the intended application and for obtaining any required licenses, approvals, or certifications.

17. Export

SpectrEcology products, software, technical information, and related items may be subject to United States export control laws and regulations.

SpectrEcology reserves the right to refuse, suspend, or cancel shipments where shipment or sale is restricted or prohibited by applicable United States law.

Buyer agrees not to export, re-export, transfer, or provide controlled products, software, technology, or technical information in violation of applicable export control laws.

18. Confidential Information

Where Buyer receives non-public technical, commercial, financial, product-development, design, pricing, or other proprietary information from SpectrEcology, Buyer shall use reasonable measures to protect such information.

Where a separate nondisclosure or confidentiality agreement exists between the parties, the terms of that agreement shall govern the confidential information covered by it.

19. Force Majeure

SpectrEcology shall not be responsible for failure or delay in performance caused by events reasonably beyond its control.

Such events may include natural disasters, severe weather, fire, governmental action, export restrictions, embargoes, labor disruptions, transportation interruptions, carrier delays, supply shortages, manufacturing interruptions, power outages, or similar circumstances.

20. Cancellation

Requests to cancel an order should be submitted to SpectrEcology as soon as possible.

An order may not be cancellable once a product has shipped, once substantial work has been performed, or where the order involves specially configured, customized, manufactured, or otherwise non-standard products.

21. Disputes

In the event of a dispute concerning an order, product, service, invoice, warranty, return, or these Terms and Conditions, the parties should first attempt in good faith to resolve the matter through direct communication.

Any legal rights or remedies available to either party remain subject to applicable law.

22. Miscellaneous

22.1 Assignment

Buyer may not assign or transfer its rights or obligations under an accepted order where such assignment would materially affect SpectrEcology’s rights or performance without prior written consent.

22.2 Independent Parties

SpectrEcology and Buyer are independent parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

22.3 Severability

If any provision is found invalid or unenforceable, the remaining provisions shall continue in effect to the extent permitted by applicable law.

22.4 Complete Agreement

These Terms, together with the applicable quotation, accepted order, invoice, product-specific terms, warranty terms, or other written agreement incorporated into the transaction, constitute the applicable agreement between Buyer and SpectrEcology.

22.5 Website Materials

Materials published on the SpectrEcology website may be copied solely for non-commercial use within the user’s organization in support of SpectrEcology products, provided copyright and proprietary notices are retained.

22.6 Software

Software downloaded or otherwise provided by SpectrEcology is subject to the applicable Software License Agreement or other license terms accompanying that software.

22.7 Manuals and Publications

SpectrEcology manuals, technical documents, and other publications are intended to support users and operators of SpectrEcology products and are not for resale unless expressly permitted.

22.8 Updates to These Terms

SpectrEcology may update these Terms and Conditions from time to time. The version applicable to a transaction shall be determined by the terms made applicable to that transaction.