Terms & Conditions

By accepting or proceeding with a sales quote from Omegasonics or by providing a Purchase Order to Omegasonics, the purchaser described therein (“Buyer”) hereby consents to, and agrees to abide by, the following terms and conditions of S&F Sonics, Inc., dba Omegasonics (“Omegasonics”):

1. Payment.

All deposits and prepayments are non-refundable upon receipt for any reason including cancellation. Deposits are applied toward the final purchase price. All invoice(s) shall be paid by Buyer on or prior to the due date listed on the applicable invoice. If Buyer fails to timely remit payment, and such failure continues beyond thirty (30) days after the due date, Buyer shall be charged a finance charge equal to 1.5% of the outstanding balance per month, beginning on the 31st day after the due date and continuing until paid in full. Buyer shall reimburse Omegasonics for all costs and expenses, including, without limitation, reasonable attorneys’ fees, incurred by Omegasonics in collecting amounts due.

2. Shipping & Delivery (FOB Shipping Point).

All products purchased from Omegasonics (“Products”) are shipped FOB Shipping Point. Title, risk of loss, and possession pass to Buyer upon placement of Products at the shipping location. Buyer is responsible for all shipping costs unless otherwise agreed to in writing by Omegasonics. Shipping costs may be invoiced separately or charged to Buyer’s shipping account at the discretion of Omegasonics.

3. Returns & Refunds.

All Products are non-returnable and non-refundable, except in the case of valid warranty claims or as otherwise approved by Omegasonics in its sole discretion. Any return or refund must be authorized in writing by Omegasonics.

4. Product Use & Resale Restrictions.

Buyer shall not advertise, market, sell, ship, export, re-export, or otherwise distribute any Products except in compliance with all applicable federal, state, local, and foreign laws and regulations, including all applicable United States export control and sanctions laws, and any Omegasonics policies communicated in writing to Buyer from time to time. Buyer shall not sell or distribute Products through unauthorized channels, under unapproved trade names, at unapproved physical locations, or via unapproved websites, in each case to the extent applicable. Buyer shall obtain Products only from Omegasonics and, if engaged in resale, shall maintain all required permits and licenses. Buyer shall take reasonable measures to prevent unauthorized distribution of Products. Buyer further agrees to comply with all Omegasonics policies, including pricing, warranty, and resale requirements, and to ensure that any downstream resellers also comply, as applicable. Any violation of this provision may result in revocation of Buyer’s authorization to purchase or resell Omegasonics Products.

5. Packaging.

If Buyer purchases Products for resale, Buyer shall not remove any Product from its packaging prior to resale without Omegasonics’ prior written approval. Buyer shall not alter Product packaging in any manner, or repackage any Product for resale, unless specifically authorized in writing by Omegasonics and subject to such conditions and requirements as Omegasonics may impose in its sole discretion.

6. Pricing.

Omegasonics has sole control and authority over the Products, including product availability, technical specifications, and the minimum advertised price and MSRP for each Product. To the extent Buyer is an authorized reseller, Buyer shall comply with Omegasonics’ then-current written resale policies, including any applicable pricing, warranty, and branding requirements.

7. Intellectual Property Protection.

All intellectual property rights in and to the Products, including but not limited to trademarks, trade dress, logos, copyrights, and proprietary designs, are and shall remain the exclusive property of Omegasonics or its licensors. Buyer shall not alter, obscure, remove, or misuse any intellectual property appearing on or associated with the Products. Buyer acquires no right, license, or interest in any such intellectual property by virtue of purchasing or reselling the Products.

8. Warranty Disclaimer.

All Products are sold subject to Omegasonics’ standard limited warranty, which is incorporated herein by reference and available at https://www.omegasonics.com/warranty/ or upon request. Omegasonics reserves the right to amend or revise its standard limited warranty at any time, at its discretion. Omegasonics disclaims all other warranties, express or implied, including warranties of merchantability and fitness for a particular purpose.

9. Limitation of Liability.

Omegasonics’ liability is limited solely to replacement or refund for defective Products as set forth above. Omegasonics shall not be liable to Buyer for any indirect, incidental, consequential, or punitive damages.

10. Confidentiality.

Buyer agrees to maintain the confidentiality of any non-public business, technical, or pricing information received from Omegasonics.

11. Arbitration.

Except for claims seeking injunctive or equitable relief, all disputes arising out of this transaction shall be resolved by binding arbitration in Ventura County, California under JAMS rules. The arbitrator may award any relief available under applicable law.

12. Governing Law and Venue.

All disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in Ventura County, California. California law governs all transactions. Buyer and Omegasonics waive any right to a jury trial.

13. Entire Agreement.

These terms govern this sale and supersede any conflicting provisions in Buyer’s purchase order or other documentation, unless agreed to in writing by Omegasonics. Issuance of a purchase order referring to this quote constitutes acceptance of the terms and conditions herein.