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Text Content

 * GAS PRODUCTS | SERVICES
 * ELECTRIC PRODUCTS | SERVICES
 * WATER PRODUCTS | SERVICES
 * OTHER PRODUCTS | SERVICES
 * CAREERS

 * Info Center
    * Employee Self-Service Portal
    * Product Documents
    * Software Downloads
    * Repair Centers
    * Videos
    * Technical Papers
    * News

 * About
    * History
    * Management Team
    * Safety at Heath
    * The Heath Award
    * Intellectual Property / Patents


 * For Sales Inquires:
   
   1-800-HEATH-US USA
   +1.713.844.1300 International
   
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    * Contact Us
    * SALES CONTACTS
    * Events

 * JUN 28 TUE
   
   
   KENTUCKY DAMAGE PREVENTION SUMMIT
   
   JUN 28 TUE
   
   
   MISSOURI ASSOCIATION OF NATURAL GAS OPERATORS PIPELINE SAFETY SEMINAR (MANGO)
   
   JUL 6 WED
   
   
   MISSISSIPPI NATURAL GAS ASSOCIATION ANNUAL CONFERENCE

 * ( View all events... )

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+1.713.844.1300 international A Message from Heath on COVID-19
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Heath Consultants




CAREERS MENU



GENERAL TERMS AND CONDITIONS FOR PRODUCT SALES

 1. Offer and Acceptance: Heath Consultants Incorporated (“Heath”) offers to
    sell and deliver products in accordance with the terms and conditions set
    forth herein. Acceptance of this offer is expressly limited to such terms.
    Heath hereby objects to and rejects any additional or different terms
    proposed by Buyer, including those contained in Buyer’s purchase order,
    unless Heath expressly agrees to such terms in writing.
 2. Title and Delivery: Shipments inside the U.S. shall be delivered F.O.B.
    Heath’s shipping dock. Title and liability for loss or damage shall pass to
    Buyer upon Heath’s delivery to Buyer’s designated carrier. Any subsequent
    loss or damage shall not relieve Buyer from its contractual obligations.
    Heath shall not be liable for any damages, losses or expenses of any kind
    incurred by Buyer if Heath fails to meet estimated delivery dates.
 3. Payment Terms: F.O.B. Company’s warehouse unless otherwise specified. No
    returns allowed unless authorized by this office in writing. Invoice due and
    payable in full in Houston, Harris County, Texas in U.S. currency. All
    invoices shall be due within 30 days of receipt. Interest shall accrue 30
    days from the invoice date at the rate of 2% per month, or the maximum legal
    rate. Prices do not include applicable taxes or duties. Buyer is solely
    responsible for paying all applicable taxes and duties.
 4. Contingencies: Heath shall not be in breach of this contract and shall not
    be liable for any non-performance or delay in performance if such
    non-performance or delay is due to a force majeure event of any kind or
    other circumstances beyond Heath’s reasonable control, including but not
    limited to, shortages of labor, energy, fuel, machinery or materials,
    technical or yield failures, war, civil unrest, any government act, law or
    regulation, including any judicial order or decree, any communication or
    power failure, labor dispute, natural disaster, fire, flood, earthquake,
    explosion, terrorist act or Act of God.
 5. Warranties and Related Remedies:

5.1 Heath warrants that Heath products will conform either to Heath’s published
specifications for such product or other mutually agreed upon written
specifications signed by an authorized Heath representative. For finished
products, this warranty lasts for one year after the date Heath ships such
products to Buyer. Notwithstanding the foregoing, Heath shall not be liable for
any defects that are caused by neglect, misuse or mistreatment by an entity
other than Heath, including improper installation or testing, or for any
products that have been altered or modified in any way by an entity other than
Heath. Moreover, Heath shall not be liable for any defects that result from or
relate to Buyer’s design, specifications or instructions for such products.
Testing and other quality control techniques are used to the extent Heath deems
necessary in its sole discretion. Unless mandated by government requirements,
Heath is under no obligation to, and may not, test all parameters of each
product.

5.2 EXCEPT AS SET FORTH ABOVE, PRODUCTS ARE PROVIDED “AS IS” AND “WITH ALL
FAULTS.” HEATH DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING
SUCH PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

5.3 Buyer agrees that prior to using or distributing any systems that include
Heath products, Buyer will thoroughly test such systems and the functionality of
such Heath products as used in such systems. Heath may, at its option, provide
technical, applications or design advice, or other services. Buyer agrees that
providing these services shall not expand or otherwise alter Heath’s warranties,
as set forth above, and no additional obligations or liabilities shall arise
from Heath providing such services.

 6. Indemnity, Limitations, and Damages Disclaimer:

6.1 General Limitations. IN NO EVENT SHALL HEATH BE LIABLE FOR ANY SPECIAL,
COLLATERAL, INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES
IN CONNECTION WITH OR ARISING OUT OF THIS CONTRACT OR THE USE OF THE GOODS
PROVIDED HEREUNDER, REGARDLESS OF WHETHER HEATH HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NO CLAIM, SUIT OR ACTION SHALL BE BROUGHT AGAINST
HEATH MORE THAN ONE YEAR AFTER THE RELATED CAUSE OF ACTION HAS OCCURRED.

6.2 Specific Limitations. IN NO EVENT SHALL HEATH’S AGGREGATE LIABILITY FROM ANY
WARRANTY, INDEMNITY, OR OTHER OBLIGATION ARISING OUT OF OR IN CONNECTION WITH
THIS CONTRACT, OR THE USE OF ANY HEATH PRODUCT PROVIDED HEREUNDER, EXCEED THE
TOTAL AMOUNT PAID TO HEATH FOR THE PARTICULAR UNITS SOLD UNDER THIS CONTRACT
WITH RESPECT TO WHICH LOSSES OR DAMAGES ARE CLAIMED. THE EXISTENCE OF MORE THAN
ONE CLAIM AGAINST THE PARTICULAR UNITS SOLD TO BUYER UNDER THIS CONTRACT SHALL
NOT ENLARGE OR EXTEND THIS LIMIT.

6.3 INDEMNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, BUYER SHALL DEFEND,
INDEMNIFY AND HOLD HEATH AND ITS AGENTS, EMPLOYEES, PARTNERS, PARENTS,
SUBSIDIARIES, INSURERS AND AFFILIATES HARMLESS FROM ANY LOSSES, COSTS, CLAIMS
(INCLUDING CLAIMS OF BUYER’S EMPLOYEES), EXPENSES (INCLUDING ATTORNEYS’ FEES AND
COURT COSTS), SUITS, ACTIONS, JUDGMENTS, FINES, PENALTIES OR DAMAGES OF EVERY
NATURE AND DESCRIPTION (COLLECTIVELY “LOSSES”) ARISING OUT OF OR RESULTING FROM
THE PRODUCTS SUPPLIED BY HEATH UNDER THIS AGREEMENT, EXCEPT THAT BUYER’S
OBLIGATION TO INDEMNIFY HEATH SHALL NOT APPLY TO ANY LOSSES OR LIABILITIES
ARISING FROM HEATH’S SOLE NEGLIGENCE, OR THAT PORTION OF ANY LIABILITIES THAT
ARISE OUT OF HEATH’S CONTRIBUTING NEGLIGENT ACTS OR NEGLIGENT OMISSIONS.

HEATH SHALL DEFEND AND INDEMNIFY BUYER AND ITS AGENTS, EMPLOYEES, PARTNERS,
PARENTS, SUBSIDIARIES, INSURERS AND AFFILIATES FROM ANY LOSSES, COSTS, CLAIMS
(INCLUDING CLAIMS OF COMPANY’S EMPLOYEES), EXPENSES (INCLUDING ATTORNEYS’ FEES
AND COURT COSTS), SUITS, ACTIONS, JUDGMENTS, FINES, PENALTIES OR DAMAGES OF
EVERY NATURE AND DESCRIPTION (COLLECTIVELY “LOSSES”) ARISING OUT OF OR RESULTING
FROM THE PRODUCTS SUPPLIED BY HEATH UNDER THIS AGREEMENT, EXCEPT THAT HEATH’S
OBLIGATION TO INDEMNIFY BUYER SHALL NOT APPLY TO ANY LOSSES OR LIABILITIES
ARISING FROM BUYER’S SOLE NEGLIGENCE, OR THAT PORTION OF ANY LIABILITIES THAT
ARISE OUT OF BUYER’S CONTRIBUTING NEGLIGENT ACTS OR NEGLIGENT OMISSIONS.

NOTHING IN THIS SECTION 6.3 ENTITLED “INDEMNITY” SHALL BE CONSTRUED TO EXPAND
THE LIABILITY OF HEATH AS SET FORTH IN THIS AGREEMENT. SPECIFICALLY, NOTHING IN
SECTION 6.3 SHALL BE CONSTRUED TO NEGATE ANY LIMITATION OF HEATH’S LIABILITY SET
FORTH IN THIS AGREEMENT, INCLUDING SECTIONS 6.1 AND 6.2 OF THIS AGREEMENT.

 7.  Governing Law, Venue and enforceability: This contract shall be governed by
     and interpreted in accordance with the laws of the State of Texas, without
     reference to conflict-of-laws principles. Buyer agrees to comply with all
     appropriate legal, ethical and compliance requirements. If for any reason a
     court of competent jurisdiction finds any provision of this contract to be
     unenforceable, that provision will be enforced to the maximum extent
     possible to effectuate the intent of the parties, and the remainder of this
     contract will continue in full force and effect. Buyer agrees that
     exclusive jurisdiction for any dispute arising out of or relating to this
     contract lies within courts located in the State of Texas and consents to
     venue in Harris County, Texas. Notwithstanding the foregoing, any judgment
     may be enforced in any United States or foreign court, and Heath may seek
     injunctive relief in any United States or foreign court.
 8.  Assignment: This contract shall not be assignable by Buyer without Heath’s
     prior agreed upon written consent.
 9.  Export Control. Buyer agrees to obtain any necessary export license or
     other documentation prior to the exportation or re-exportation of any
     product acquired from Heath under this contract. Accordingly, Buyer shall
     not sell, export, re-export, transfer, divert or otherwise dispose of any
     such product, technical data, software or software source code directly or
     indirectly to any person, firm, entity, country or countries prohibited by
     the United States (“U.S.”) or applicable non-U.S. laws.
 10. Entire Agreement: This contract constitutes the entire agreement between
     the parties relating to the sale of the products and supersedes all
     previous communications, representations, or agreements, either oral or
     written, with respect to the subject matter hereof. No prior
     representations or statements relating to the sale of the products made by
     any Heath representatives, which are not stated herein, shall be binding on
     Heath. No addition to or modification of any provision of this contract
     shall be binding upon Heath unless made in writing and signed by a duly
     authorized Heath representative. No course of dealing or trade usage or
     course of performance shall be relevant to explain or supplement any term
     in this contract. These terms and conditions shall prevail not withstanding
     any different, conflicting or additional terms and conditions that may
     appear on any purchase order or other writing not expressly incorporated
     herein, including but not limited to data sheets, application notes and
     purchase order acknowledgements. The section headings contained in this
     contract are for reference purposes only and shall not affect in any way
     the meaning or interpretation of this contract.
 11. Nothing in this agreement should be interpreted as requiring Heath
     Consultants to indemnify a purchaser or any of its indemnitees, (including
     a third party), of its products (either in whole or in part) and/or for any
     harm caused by the improper calibration, use or maintenance of its
     products, or using said products in a manner that is unsafe or contrary to
     the instructions provided by Heath  Consultants.

REV 031519

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