Terms and Conditions

BAYZI TERMS AND CONDITIONS OF SALE:

ACCEPTANCE: Any purchase order placed with BAYZI herein referred to as BAYZI, shall not be binding on BAYZI until accepted in writing by an authorized employee of BAYZI. Upon acceptance by BAYZI, each purchase order will be subject to and be deemed to include these conditions of sale in addition to any other terms & conditions stated on the BAYZI quotation, proforma invoice and/or BAYZI invoice. Failure by BAYZI to object to provisions contained in any purchase order or in any related communication from the purchaser shall not be construed, as a waiver of BAYZI's Terms & Conditions of Sale nor an acceptance of such provisions from the purchaser.

BREAKAGE OR DAMAGE: According to the Contract Terms and Conditions of the Carrier, the responsibility of the Shipper ends at the Time and Place of Shipment with the carrier. The Carrier then assumes full responsibility of the Shipment. Inspect shipment upon receipt in the presence of your local agent/carrier and notify them of any damage and/or insurance claim information immediately. Hold damaged goods with original container and packing for inspection by appropriate authorities. After the proper authorities have examined and informed you of filing a claims procedure, please contact BAYZI. A certified copy of our invoice will be available upon request. If the shipment was prepaid, write for receipted transportation bill. Advise us regarding your wish for replacement. In any event it is the responsibility of the customer to ensure prompt payment per invoice terms.

CANCELLATION: All orders placed on BAYZI are non-cancelable unless otherwise agreed to, prior to placement of order. In such cases where prior agreement exists, only upon written notice by BAYZI, the cancellation charges shall be at least 30% of the purchase price of the goods covered by the cancelled order(s). In the case of cancelled orders for custom products where processing has started, BAYZI shall charge the full invoice price for the product whether or not the completed product is delivered. Such payment is due immediately upon receipt of the invoice. No changes to the order is possible once placed unless accepted in writing by BAYZI.

BUYER’S TERMS: Buyers (purchasers) often provide terms and conditions of purchase beyond the agreed to price, payment terms and delivery dates. These are automatically refused and all provisions not in conformity with BAYZI Terms & Conditions of Sale (this document) are automatically objected to. In particular, no insurance or other BAYZI company and/ or technical papers will be provided to the buyer or their representatives unless specifically agreed to in writing by BAYZI or explicitly stated in the quotation. The acceptance of BAYZI Terms & Conditions of Sale supersedes all other conditions imposed by the buyer (purchaser). No action by BAYZI or any of its employees shall be construed as acceptance of buyer’s terms beyond price, payment terms, BAYZI’s terms and conditions of sale and the agreed to approximate delivery date (see below). Buyer may not withhold any taxes not disclosed to BAYZI and accepted by BAYZI in writing in the buyers written Purchase Order. BAYZI products sales, unless mutually agreed to in writing and specifically accepted by BAYZI, are not guaranteed for any buyer process. Process based acceptance tests may not be used by buyer for acceptance or rejection of a product. Any buyer terms which specify any process based acceptance tests are automatically declined.

CREDIT TERMS: All new accounts (including credit card purchases) must be approved by BAYZI Accounting Department. BAYZI may extend credit to customers in good standing. BAYZI reserves the right to make the final decision regarding the extension of credit. Unless otherwise specified in writing, by BAYZI, payment for goods shipped under credit terms will be made by the buyer within 30 days from the date of invoice. A finance charge of 1.5% per month will be added to the balance over 30 days. Buyer shall reimburse BAYZI for any expense incurred while collecting delinquent accounts receivable. All non-USA orders require prepayment ( typically with bank draft or credit card) or letter of credit. Title and ownership of goods delivered/ manufactured will remain with BAYZI unless payment is made in full. Any collection charges incurred are a responsibility of the customer.

DELIVERY TIMES: Order processing will start on the first available business day. BAYZI orders are acknowledged and processed from 8am - 5pm Eastern Standard Time. Any orders placed will be attended on working days at that time. Orders may be placed (saved) 24 hours a day 7 days a week and on any day, including weekends and holidays. Shipping dates are approximate. BAYZI will make the best effort to ship by the date agreed to. BAYZI shall not be liable for delay in delivery or failure to manufacture due to causes beyond its reasonable control, nor shall BAYZI be required to allocate production and deliveries between customers in this event. BAYZI reserves the right to make partial shipments, unless other instructions are given.

EXPORT CONTROL LAWS: BAYZI is not responsible or makes no warranty that the sale or use is in compliance with US Export Control Laws if any item is re-sold or used outside USA. This is the responsibility of the buyer, reseller/exporter and/ or shipper.

INSURANCE: BAYZI's policy is to insure all outgoing shipments unless otherwise instructed in writing. It is the buyer’s responsibility to ensure that adequate insurance has been chosen and paid for, regardless of whether BAYZI, a third party or the buyer do the insuring.

PATENTS: Purchaser shall hold BAYZI harmless against any expense, or loss for infringement of patents, or trademarks arising from compliance with Purchaser's designs, specifications, or instructions in the manufacture of the products. BAYZI shall not be liable for any use made by Purchaser, of the product furnished to the Purchaser, which is covered by an adversely held patent. IT IS THE USER'S RESPONSIBILITY TO BE PATENT COMPLIANT. THE SALE OF ANY BAYZI PRODUCT DOES NOT CONFER ANY PATENT TRANSFER RIGHTS FROM BAYZI TO PURCHASER/USER.

RETURNS: Goods sold, unless otherwise approved, cannot be returned. BAYZI is not responsible for incorrect information provided by customer. Heating element sales are final and no return/ refund is possible. Return Merchandise Authorization (RMA) must be requested before any return is made. (An RMA may be requested only after payment in full has been made). The issuance of an RMA does not imply that BAYZI is accepting a permanent return or that a refund will be made. Furnaces and other heating devices which are accepted for restocking and received in satisfactory condition are subject to a minimum 30% restocking charge plus the full price of heating elements and other consumables. If at all returns are allowed, all returns must be made in original or comparable adequate packaging and be received at BAYZI in good condition.

TAXES: BAYZI prices do not include sales, use, excise, or similar taxes unless shown. Thus, in addition to the price specified herein, any present or future sales, use, excise or similar taxes applicable to the products sold hereunder shall be added to the price and paid by the Purchaser. The foregoing shall not apply to any taxes upon presentation of valid tax exemption certificates.

WARRANTY & LIMITATION OF LIABILITY: BAYZI offers no warranty unless directly expressed and applicable to any BAYZI product. Heating elements,heat devices, panels and consumables are not under any warranty. BAYZI's liability under any warranty shall not exceed the cost of correcting any defects in replacement of the products delivered. In no event shall the liability of BAYZI exceed the price of the product. The Purchaser assumes all risk and liability for the results obtained by the use of any BAYZI product in combination with other articles or materials or in the practice of any process. BAYZI is in no way responsible for failure or damage resulting from designs and specification provided and/ or accepted by the purchaser for any order including all custom orders. Use of BAYZI high temperature products either directly or indirectly, constitutes the purchaser's acceptance of the potential hazards involved in such use including related high currents and high temperatures.

NO LIABILITY: Purchaser certifies that he/she is fully insured in every respect for use/rent/lease of BAYZI products. If requested by BAYZI purchaser agrees to submit a copy of the insurance which at the minimum must be at least for US$1 Million liability coverage.

Further
(a) BAYZI assumes no liability, consequential or otherwise, for, and the Purchaser agrees to hold BAYZI harmless against, infringement of patent claims covering completed equipment or any assembly, circuit, combination, method, or process in which any such Products may be used and any trademark infringements involving any marking or branding not applied by BAYZI, or involving any marking or branding applied at the request of the Purchaser.
(b) In addition, BAYZI assumes no liability, consequential or otherwise, for and Purchaser agrees to indemnify and hold BAYZI harmless against, any claims resulting from the production of articles or materials to specifications supplied to BAYZI by Purchaser or his customer, or from the production of articles or materials designed by BAYZI to meet the requirements of Purchaser or his customer, or arising out of the use of any equipment, materials, parts, or machinery furnished by Purchaser or his customer in producing articles, materials, parts, or equipment to such specifications. No costs or expenses under this paragraph shall in any event be incurred for the account of BAYZI without its prior written consent.
(c) BAYZI’s sale of Products does not convey any license, expressly or by implication, estoppel, or otherwise, under any patent claim with respect to which BAYZI can grant licenses covering completed equipment, or any assembly, circuit, combination, method, or process in which any such Products are used as components (notwithstanding the fact that such Products may have been designed for use in, or may only be useful in, such patented equipment, assembly, circuit, combination, method, or process, and that such Products may have been purchased and sold for such use).
(d) BAYZI’s sale of Products does not convey any trademark license, express or by implication, estoppel, or otherwise. BAYZI may, from time to time, permit DISTRIBUTOR to use BAYZI’s trademarks in promotions and advertising of Products that DISTRIBUTOR has purchased from BAYZI. Such permission is only for the purpose of promoting the resale of BAYZI’s Products and shall not be construed as a trademark license.

Jurisdiction for all disputes is Hamilton County, Cincinnati, Ohio, USA 45215 or any other place of BAYZI choice, and purchaser agrees to the jurisdiction. Most often, this will be the plant closest to the buyer which can service the order. BAYZI may elect to ship item from its chosen manufacturing plant anywhere in the world- the jurisdiction then either remains Hamilton County or the point of origin of the goods, or any other jurisdiction of BAYZI's choice, and BAYZI will be the sole decider of the Jurisdiction. No UCC claim is applicable on BAYZI products/orders as by nature there is a spread of properties in all brittle materials. Variation and deviations from specifications is allowed. Where ever purchaser has indicated a critical requirement, it must be so acknowledged and agreed explicitly in writing by BAYZI for that requirement to be a part of the purchase order. Custom and/or prototype and/or development products are experimental in nature and may perform differently than intended in which case BAYZI intends to work with purchaser for necessary modifications, if at all feasible. The purchase is of a “as is where is” nature.

Inspection & Delivery Schedule of Custom or Systems Orders: Within the quoted period of manufacture from receipt and acceptance of technically & commercially clear purchase order confirming fully to our proposal and other written correspondences, the equipment may be made available for cold inspection at our manufacturing facility at Cincinnati, Ohio or other site determined solely by BAYZI. In the case of advance not accompanying the order, the receipt of full payment will re-determine the inspection date. In case of multiple payments, if subsequent payments are delayed, the inspection & delivery schedule will be revised and indicated. In the event payments are delayed BAYZI has the full right to request complete payment prior to supply of item even if an advance has been paid. *Inspection and delivery schedules may change due to factors beyond our control.

Installation: Only where applicable and agreed in writing, with payment for the process, is installation applicable to the order. Installation and commissioning will commence after complete receipt of all inspection and supply payments. It is the user/buyer/customer's responsibility to ensure that the device and it's components are fully insured during transport from our works, during unloading, unpacking, storage, internal movements, erection, commissioning and trials at customer's site. Installation, by BAYZI staff, is not possible on items which have received shipment damage. It is the buyer’s responsibility to acquire non-damaged parts prior to installation.

Photos/ Sketches/ Scan Images Etc.: Any sketches, catalogs, drawings, photos, scanned images etc. submitted with the proposal are purely for conceptual purpose & cannot be held binding for execution.

Equipment Inspection & Acceptance: For large and custom orders, equipment can be made available for cold inspection at one of our manufacturing facilities. Alternatively, pictures of the equipment can be e-mailed to the customer prior to shipment. A charge for inspection may apply. If hot inspection is required, a charge will apply.

Specifications Change: In case any specifications are changed or our scope of work is augmented, after the issue of an order, additional costs and time will be applicable. Often buyers’ request changes during the cold or full inspection process. These changes may or may not be possible at such a late stage of manufacturing, and if they are, BAYZI will make such changes after a charge is quoted to the buyer and the buyer has paid in full.

Amendment of Terms: The preceding Terms and Conditions of Sale are subject to withdrawal or change by BAYZI at any time by amendment or issuance of new terms and conditions. Until modified or withdrawn, these terms and conditions herein will govern all sales from BAYZI to Purchaser, unless an authorized representative of BAYZI specifically changes such terms in writing.

If any terms above are held invalid by a competent court, all the other terms will continue to apply.

Additional Terms: Specific also to purchase through web site.

TERMS & CONDITIONS OF SALE. BAYZI.COM is owned and operated by BAYZI, registered in Ohio, USA.

Graphics: The graphics (pictures) especially of containers shown in the site (www.bayzi.com) are meant only to be illustrative. BAYZI reserves the right to substitute equivalent items solely at the discretion of BAYZI without limitation of any kind. CREDIT CARD PAYMENTS: Credit cards will be either encumbered or charged immediately on order placement.
PATENTS: Purchaser/buyer shall hold BAYZI harmless against any expense, or loss for infringement of patents, or trademarks arising from compliance with Purchaser's designs, specifications, web based systems, or instructions in the manufacture of the products. BAYZI shall not be liable for any use made by Purchaser, of the product furnished to the Purchaser, which is covered by an adversely held patent. TAXES: BAYZI prices do not include sales, use, excise, or similar taxes. Thus, in addition to the price specified herein, any present or future sales, use, excise or similar taxes applicable to the products sold hereunder shall be added to the price and paid by the Purchaser. The foregoing shall not apply to any taxes upon presentation of valid tax exemption certificates. You (the BUYER and/or USER) understand and agree that BAYZI, agents and/or affiliates and its licensors, shall retain all rights, title and interest in and to all information, content (including, but not limited to, the identity of the Sellers) or advertisements (collectively, the "Materials") distributed through, linked to, downloaded or accessed from the www.bayzi.com (herein called site) or any successor thereto (the "Site"). You agree that, except as necessary to use the Site for its intended purposes, you shall not reproduce, use or distribute the Materials in whole or in part. You understand that any such misuse of the Site, the Services or the Materials shall constitute infringement of BAYZI copyright and other intellectual property. The email address that You use to use the Services is personal to You; You may not allow anyone else to use Your email address and You may not use anyone else's email address while using the Services. NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT OR OTHERWISE, NEITHER BAYZI NOR ANY OF ITS AGENTS and /or PARTNERS WILL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN EXCESS OF THE AGGREGATE OF THE AMOUNTS PAID BY YOU FOR THE SERVICES DURING THE ONE MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE, OR (II) FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, CONTENT OR FILES, PROFIT, GOODWILL, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

You, the buyer, and anyone you represent as the buyer, are made aware that a session agent may have been designated with this purchase. In addition there may be other agents involved in the transaction who may make a commission from the sale. If you would like for a session agent not to be involved, it is your responsibility that this information be received by BAYZI prior to your order.
This agreement is governed by the laws in force in the State of Ohio and you agree to this jurisdiction. See below also.
BAYZI reserves the right to change its prices, policies, and Services, or to modify this Agreement, by posting a notice on the Site or by providing you with an email notice. You shall be responsible for reviewing and becoming familiar with any changes. If BAYZI does not receive written notice of termination from You within fifteen (15) days after changes are posted, it will be assumed that You accept the changes. Neither BAYZI, its agents or affiliates or any of its Agents or Partners, shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond BAYZI's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by You without BAYZI's prior written consent. BAYZI may assign this Agreement in whole or in part. This Agreement shall be governed by and construed in accordance with the laws of the state of Ohio without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the Sate of Ohio and U.S. federal courts having within their jurisdiction the location of BAYZI's principal place of business. In any action or proceeding to enforce rights under this Agreement, BAYZI will be entitled to recover costs and attorneys' fees. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All modifications to this Agreement must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and You do not have any authority of any kind to bind BAYZI in any respect whatsoever. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested Either party may terminate this Agreement at any time by notifying the other party via email. BAYZI may also terminate or suspend any and all Services immediately, without prior notice or liability, if You breach any of the terms or conditions of this Agreement. Upon termination of Your Account, Your right to use the Services and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and any others.

RESTRICTIONS. You will only use the Services for lawful purposes, in compliance with any policies BAYZI may establish from time to time in its discretion, and all applicable laws including, without limitation, copyright, trademark, obscenity, privacy and defamation laws. You agree not to send inaccurate information through the Services, use the Services for malicious purposes, or attempt to hide Your identity or represent Yourself as someone else. Unlawful activities may include (without limitation) storing, distributing or transmitting any unlawful material through use of the Services or attempting to compromise the security of any networked account or site. To comply with applicable laws and lawful government requests, to operate its Services properly, or to protect itself or its users, BAYZI reserves the right to access and disclose any text, information, graphics, photographs, video, sound, files and other content provided to or by You, or accessed by You through the Services. This may also include disclosing users' names and other registration and identification information. BAYZI reserves the right in its sole discretion, but shall not be obligated, to monitor and remove any content provided by You through the Services. You agree to indemnify and hold BAYZI (bayzi.com), its parents, subsidiaries, affiliates, officers, employees and Syndication Partners, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your use of the Services, use of Your Account by any third party, the violation of this Agreement by You, or the infringement by You, or any third party using Your Account, of any intellectual property or other right of any person or entity. EQUIPMENT; SECURITY. You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services. You will also be responsible for maintaining the security of Your Account, passwords, files, and for all uses of Your Account, with or without your knowledge or consent. Neither BAYZI nor any of its Agents nor Partners is/are liable for any loss that you might suffer through another's use of Your Account. Although BAYZI has tried to maintain accuracy in the technical and business sections of this site, there is no guarantee that the information is completely correct or up to date. Please contact BAYZI for the latest information.

AS IS WHERE IS: BAYZI trusts in a high level of ethics. Your purchase is “as is where is” in nature. Further (a) BAYZI assumes no liability, consequential or otherwise, for, and the Purchaser agrees to hold BAYZI harmless against, infringement of patent claims covering completed equipment or any assembly, circuit, combination, method, or process in which any such Products may be used and any trademark infringements involving any marking or branding not applied by BAYZI, or involving any marking or branding applied at the request of the Purchaser.
(b) In addition, BAYZI assumes no liability, consequential or otherwise, for and Purchaser agrees to indemnify and hold BAYZI harmless against, any claims resulting from the production of articles or materials to specifications supplied to BAYZI by Purchaser or his customer, or from the production of articles or materials designed by BAYZI to meet the requirements of Purchaser or his customer, or arising out of the use of any equipment, materials, parts, or machinery furnished by Purchaser or his customer in producing articles, materials, parts, or equipment to such specifications. No costs or expenses under this paragraph shall in any event be incurred for the account of BAYZI without its prior written consent.
(c) BAYZI’s sale of Products does not convey any license, expressly or by implication, estoppel, or otherwise, under any patent claim with respect to which BAYZI can grant licenses covering completed equipment, or any assembly, circuit, combination, method, or process in which any such Products are used as components (notwithstanding the fact that such Products may have been designed for use in, or may only be useful in, such patented equipment, assembly, circuit, combination, method, or process, and that such Products may have been purchased and sold for such use).
(d) BAYZI’s sale of Products does not convey any trademark license, express or by implication, estoppel, or otherwise. BAYZI may, from time to time, permit DISTRIBUTOR to use BAYZI’s trademarks in promotions and advertising of Products that DISTRIBUTOR has purchased from BAYZI. Such permission is only for the purpose of promoting the resale of BAYZI’s Products and shall not be construed as a trademark license.

Amendment of Terms:
The preceding Terms and Conditions of Sale are subject to withdrawal or change by BAYZI at any time by amendment or issuance of new terms and conditions. Until modified or withdrawn, these terms and conditions herein will govern all sales from BAYZI to Purchaser, unless an authorized representative of BAYZI specifically changes such terms in writing. For Patents & Copyrights information please contact, BAYZI.

It is the responsibility of the buyer to find and post or download and post the MSDS (Material Safety Data Sheets) wherever BAYZI products are used. Whenever in doubt, please stop use immediately and contact BAYZI.

Product Disclaimer:
All properties shown in product descriptions on this site are only approximate and may change from batch to batch. If a specific property is critical for your application, please contact Bayzi for details on guarantee for that property for your product/application. All dimensions are approximate only. It is commonly understood that materials specially ceramics have a wide spread of properties and could display low life.