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Terms and Policies

  1. ACCEPTANCE – All purchase orders and/or contracts are subject to acceptance by Barbee Valve & Supply Inc., dba Barbee Engineered Testing Systems (“Barbee”). Barbee bases the quotation herein on standard methods of manufacturing and processes. Barbee reserves the right to provide a revised quotation should a purchase order be issued against this quote with requirements different from what has been quoted. Any acknowledgement of a purchase order subject to a revised quotation is only an acknowledgement of the receipt of the purchase order by Barbee and is NOT an acceptance of the purchase order.
  2. QUOTATIONS – Quotations are valid for acceptance for a period of 30 days, and thereafter are subject to confirmation. All quotations are made and based on the specifications provided in writing by the Buyer (and regardless of whether the Buyer provides any samples to Barbee). Where there are conflicts between a quotation and these Standard Terms and Conditions, the quotation's terms shall prevail. All prices are quoted in US Dollars.
  3. QUOTED LEAD TIME – Quoted lead times are business days and cover order processing and manufacturing time and do not include transit time to Buyer. Any changes or modifications after placement of the order could impact price and/or shipment date. Global supply chain impacts can create extended lead times and are subject to change after an order is confirmed and acknowledged.
  4. MANUFACTURING NOTE: Please place your order early, as lead times could change based on the capacity level of manufacturing at the time of order.
  5. PRODUCT APPLICATION INDEMNITY: Buyer agrees to, and shall, indemnify and save harmless Barbee for all claims, demands, actions and proceedings whether arising in tort or contract, against the Buyer and/or Barbee, including legal fees, expenses and costs, arising out of or related to the Buyer’s designs and/or any goods and materials supplied by the Buyer to Barbee and/or any accident, misuse, neglect, alteration, improper installation, unauthorized repair or improper testing of any products by the Buyer.
  6. CANCELLATIONS: Orders may be canceled or deferred by Buyer, provided Buyer makes arrangements with Barbee. Payment arrangements must be made for all custom work completed and in process before any cancellation or deferment is approved. Such work shall include, but not be limited to, charges for raw materials, unamortized tooling, engineering, handling, overhead, and production costs. Such charges will be determined at time of cancellation or deferment. Barbee may also reject an order or contract, upon receipt and review, without penalty, if the requirements set forth in the order or contract are not agreed to by both parties and/or Barbee.
  7. DELIVERY/SHIPMENTS – “Best commercial practice” packaging is standard wooden crate with certified and stamped heat-treated lumber. Country Of Origin: Manufactured in Reno, State of Nevada, United States of America. Buyer shall bear the expense of all other packaging. All shipments will be FOB Barbee’s loading dock, unless otherwise noted in the quotation. All shipments will be made in accordance with Buyer’s instructions and at Buyer’s cost. If Buyer fails to specify a mode of shipment, Barbee will select the mode which provides the lowest reasonable transportation cost.
  8. TAXES – All sale and/or use taxes, custom duties or any other taxes imposed by Federal, state, county or municipal authority upon Barbee’s transfer and delivery of goods hereunder shall by paid by the Buyer. Quotes exclude duties, taxes, and import fees.
  9. PAYMENT TERMS – All sales, where the Barbee has extended credit to the Buyer, shall be Net (30) days from the invoice date, unless otherwise specified on an invoice. Buyer may be required to complete Barbee’s Credit Application Form, and the account approval is subject to credit/reference checks. The amount of credit or terms of payment may be changed, or credit may be withdrawn, by Barbee at any time. Credit card, wire transfer, or ACH payments may incur a processing fee.
    1. If the Product(s) are custom, installments may be required at completion stages; and the Buyer shall pay separately for each installment. Certain orders may require either pre-payment or a deposit (Cash in Advance). Work will not proceed until receipt of such payment.
    2. If Buyer fails to make full payment on or before a payment due date, the unpaid balance of the invoice shall bear interest at the rate of 1.5% for each full or partial month such invoice remains unpaid until the invoice is paid in full. Buyer agrees to pay such interest on all past due amounts. If Barbee incurs any expense collecting a past due invoice, Buyer shall pay for all collection costs, including attorney’s fees and court costs, if any, incurred in collection. All outstanding orders will be advised of a hold on shipment until payment is made.
  10. SPECIFICATION – Buyer agrees to provide Barbee with an original copy of all required specifications. Barbee’s obligations hereunder shall not commence until Buyer has provided Barbee with a clear original copy of all specifications. If the Buyer fails to provide a clear original copy of all specifications, Barbee shall be released from responsibility for any product manufactured that does not meet the specifications.
  11. CERTIFICATIONS – Test certificates, calibration certificates, and certificates of conformance are issued upon delivery. The Buyer must provide all certifications and testing requirements and is subject to additional costs.
  12. SIZES, TOLERANCES, INSPECTION AND SAMPLES – Unless otherwise specified and agreed to, Barbee will list final inspections based upon first piece and in-process inspections. A visual inspection is performed for completeness and final acceptance.
    1. The dimensions for quoting and manufacturing are the mean specifications and are subject to the normal tolerances for variations.
    2. Where the Buyer requires samples from Barbee to verify specifications, the Buyer will pay to Barbee the amount invoiced, if required, within (30) days after receipt of the samples, unless the Buyer within such period gives Barbee a detailed written description of any allowable variance from specifications, in which case the Buyer will promptly pay to Barbee the amount invoiced by Barbee upon correction of such variances.
  13. CLAIMS – In the event the goods shipped pursuant to an order or contracts are missing, Buyer must notify Barbee within 5 days of receipt of shipment. The original packaging, including exterior cartons, must be saved so that Barbee can make a claim with the carrier. In the event Buyer believes goods delivered pursuant to an order or contract are defective, Buyer shall immediately notify Barbee of the defect and Barbee will repair, rework or replace the goods if Barbee determines that the goods are defective. Claims by Buyer for reimbursement of charges for repair or inspection of parts by Buyer, without prior written authorization, will not be honored. Claims for repair or reimbursement will not be honored by Barbee on goods further processed by Buyer if such processing results in a change of the dimensions or characteristics of the goods.
  14. TOOLING – Tools, dies, gauges, and fixtures are an integral part of the manufacturing process and, if paid for by Barbee, are the property of Barbee.
  15. INTELLECTUAL PROPERTY - The goods manufactured pursuant to this quotation are manufactured in accordance with the Buyer’s specification and design. Buyer agrees: (a) to defend, hold harmless and indemnify Barbee, its successors and assignees against all claims, demands, losses, suits, damages, liability and expenses (including reasonable attorney fees) arising out of any suit, claim or action for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark, copyright or mast work right by reason manufacture, use or sale of the goods or services ordered, including infringement arising out of compliance with specifications furnished by the Buyer, or for actual or alleged misuse or misappropriation of a trade secret resulting directly or indirectly from Buyer’s actions; and (b) to waive any claim against Barbee under the Uniform Commercial Code or otherwise, including any hold harmless or similar claim, in any way related to a claim asserted against Barbee or Buyer for patent, trademark, copyright or mask work right infringement or the like, including claims arising out of compliance with specifications furnished by Buyer.
  16. WARRANTY – All products manufactured by Barbee are warranted to the original purchaser to be free of defects in manufacture and workmanship for the period of one year from the date of original shipment of the product(s) leaving the customer and/or distributor shipping point, provided that the product or products is / are properly applied, used and maintained. For products sold but not manufactured by Barbee the same warranties will be extended to the buyer as the manufacturer extends to Barbee.
    1. Barbee warrants that the product(s) supplied pursuant to this quotation will be new, and not refurbished or reconditioned and that the product(s) conforms to stated specifications.
    2. It is the Buyer’s sole responsibility to specify and determine the suitability of a particular control or component based on their unique individual applications and requirements. Under no circumstances shall Barbee be liable for any incidental or consequential property damages or losses. Barbee does not warrant any product against damage from corrosion, contamination, misapplication, improper specification or wear and tear and operational conditions beyond Barbee’s control.
    3. The Buyer shall promptly notify Barbee of the discovery of any alleged defect. No product is to be returned without prior written authorization from Barbee and Barbee’s issuance of a Return Material Authorization (RMA) number. Freight of RMA is to be paid by Buyer unless otherwise noted by Barbee on RMA paperwork. Barbee has the right to refuse any returns, if product(s) contain defects which are not Barbee induced defects. If a product contains a defect induced by Barbee, Barbee and the Buyer will agree upon a replacement or repair. Barbee’s liability under this warranty shall be limited to the value of the order or contract. Barbee assumes no liability for costs of labor, freight, drayage, or other charges. In the case of products or parts not wholly manufactured by Barbee, this guarantee shall be limited to the extent of Barbee’s recovery from the manufacturer of such part, under their guarantee to Barbee. All authorized returns are subject to a restocking charge. Credit will be issued only after receipt and examination of returned merchandise.
    4. Barbee provides custom made testing equipment, which are considered non-refundable/ non-returnable, and reserves the right to refuse any returns on equipment that has been produced explicitly for the customer.

There are no other warranties, expressed or implied. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS QUOTATION, BARBEE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

  1. CONTINGENCIES & FORCE MAJEURE – Barbee shall not be liable for any delay in delivery or for non-delivery, in whole or in part, caused by the occurrence of any contingency beyond the control either of Barbee or Barbee’s suppliers, including, but not limited to; acts of God, actions by government authority (whether valid or invalid), fires, floods, windstorms, pandemic, explosions, riots, natural disasters, wars, sabotage, labor problems (including lockouts, strikes and slowdowns), inability to obtain power, material, labor, equipment or transportation, or court injunction or order in which Barbee has exercised ordinary procedures in the prevention thereof.
  2. ACKNOWLEDGMENT OF FEATURES AND RISKS - Buyer is solely responsible for training its employees to use the products and for ensuring that the proper safety protocols and procedures are followed. Buyer is also responsible for properly maintaining the products.
  3. WAIVER OF CLAIMS AND ASSUMPTION OF THE RISK - Buyer hereby warrants and represents to Barbee that Buyer understands and expressly agrees to release Barbee, its agents and employees from, and waives and assumes the risk with respect to, any and all claims, damages or lawsuits for personal injury or wrongful death arising out of or relating to Buyer’s purchase, use, misuse, and/or re-sale (if applicable) of the products.
  4. HOLD HARMLESS & INDEMNITY - Buyer to the maximum extent allowed by law agrees to hold harmless and indemnify Barbee from and against any and all claims, including subrogation by any insurer, liability or damages to Buyer or Buyer’s employees, customers, agents or contractors that may occur, arise out of or relate in any way to Buyer’s ownership, use or misuse of the products, even if it is alleged that the subject claim, liability, damages or injuries are or were caused solely or partially by the negligence of Barbee, its agents or employees.
  5. GOVERNING LAW – THIS QUOTATION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEVADA (WITHOUT REFERENCE TO PRINCIPLES OF CONFLICTS OF LAWS). THE EXCLUSIVE VENUE FOR ANY DISPUTES ARISING OUT OF OR RELATED TO THIS QUOTATION SHALL BE THE STATE AND FEDERAL COURTS SITTING IN WASHOE COUNTY, NEVADA.
  6. COMPLETE CONTRACT – This quotation contains the entire agreement between Buyer and Barbee and supersedes any prior understandings or written or oral agreements.
  7. AMENDMENT – No amendment or modification if this quotation shall be effective unless in writing and signed by the party claimed to be bound thereby, and no amendment shall be effected by an acknowledgement or acceptance by Barbee of a purchase order from Buyer containing any different terms and conditions. In the event such new terms and conditions are inconsistent with the terms and conditions or this quotation, the terms and conditions of this quotation shall govern any such inconsistencies.
  8. WAIVER – A waiver of any of these terms or conditions shall not operate as or be construed to be a continuing waiver and shall only apply to the quotation containing such waiver.
  9. RISK ASSESSMENT – There is no risk assessment required unless otherwise specified.

These Terms and Conditions are subject to change without notice. It is therefore recommended that you regularly refer to our current Terms and Conditions, which are available upon request and via the link below:

https://barbeetesters.com/terms_policies/