Terms and Conditions

Terms and Conditions

These Terms and Conditions (“Terms”) apply to online purchases of products displayed and made available for purchase through Graftek Imaging, Inc.’s website, located at www.graftek.com (the “Website”) (such products, the “Products”). Your express acceptance of these Terms or purchase of Products through the Website constitutes your acceptance of these Terms.

“Graftek Imaging,” “we,” or “Seller” refers to Graftek Imaging, Inc.

“You,” “your,” or “Buyer” refers to you, as the purchaser of Products under these Terms.

Prices:

All prices are subject to change without notice. We reserve the right to correct misprints. We will notify Buyer before charging any corrected amount. Seller may adjust accepted prices to reflect increases in raw materials, labor, energy, transportation, tariffs, duties, governmental charges, foreign exchange costs, supply-chain costs, or other costs arising after the order date and before delivery.

Ordering Products Online

Online ordering is limited to orders totaling less than US$5,000.00, including Taxes and shipping charges.

Online ordering is limited to in-stock Products.

Online ordering is limited to Products shipped to addresses in the United States and Canada.

Payment is limited to U.S. and Canadian credit cards registered with the Address Verification Service (AVS).

All other orders must proceed through the assisted ordering process by contacting Seller at orders@graftek.com or calling 512-416-1099, extension 2 (800-441-2118, extension 2, within the United States and Canada).

These Terms apply only to orders placed through the Website. Orders placed through Seller’s assisted ordering process, including orders placed by telephone or email, are subject to the terms stated in Seller’s applicable quotation, order acknowledgment, or invoice.

Tariff Fees:

Tariffs and import duties are included as a cost component of the quoted price. Such charges are not collected on behalf of Buyer and are not subject to reimbursement or refund if tariffs are reduced, eliminated, or later determined to be invalid.

Taxes:

Prices exclude, and Buyer is responsible for, all sales, use, excise, service, value-added, and similar taxes (“Taxes”) arising from the purchase of the Products. Taxes may change from time to time without advance notice and are non-negotiable. If Buyer is exempt from any Taxes, Buyer must provide Seller with the appropriate tax-exemption documentation when the order is placed.

Delivery:

All shipments are made EXW Seller’s facility in Austin, Texas, USA (Incoterms® 2020).

Online orders are shipped via UPS.

Online orders must be shipped to a street address.

Online orders are processed Monday through Friday.

Online orders received after 12:00 p.m. Central Time will be processed for shipment on the next business day.

Return/Exchange Policy:

Returns for credit or exchange must be made within 30 days after delivery.

Shipping and handling charges are nonrefundable.

Products must be returned unopened in the original manufacturer’s packaging. Seller may, in its discretion, accept opened Products, subject to a 25% restocking fee.

Products showing signs of use, misuse, or other damage will not be accepted and will be returned to Buyer at Buyer’s expense.

Buyer must obtain a return authorization (“RA”) number by contacting Seller’s customer service department at customerservice@graftek.com or 512-416-1099, extension 2 (800-441-2118, extension 2, within the United States and Canada).

RA numbers are valid for 14 days after issuance.

Products must be returned unopened in the original manufacturer’s packaging, with the RA number clearly noted on the shipping carton.

Refunds for credit card orders will be issued to the credit card used to purchase the Product.

Cancellation Policy:

Orders may be canceled at any time before shipment.

To cancel an order, email customerservice@graftek.com or call 512-416-1099, extension 2 (800-441-2118, extension 2, within the United States and Canada).

Warranties and Repairs:

Seller honors all manufacturers’ warranty policies and will cooperate promptly with Buyer to address warranty issues submitted to the applicable manufacturer. Seller does not accept responsibility or liability for the duration, scope, or conditions of any manufacturer’s warranty.

Seller is not responsible for inbound freight or duty charges or for outbound duty charges relating to returns.

Products returned for nonconformity or defect will be tested to verify the reported condition. Upon verification, the Product will be sent to the applicable manufacturer or service provider for repair. If Buyer experiences a problem with a Product purchased from Seller, Buyer must call and request an RA number. Buyer must have the Product’s model number, serial number, and a description of the problem available when requesting the RA number.

Seller will pay surface freight charges to return a Product to Buyer following a warranty repair. Buyer will be responsible for freight charges relating to all non-warranty repairs. If a Product is replaced or exchanged for a different item, the returned Product will be credited to Buyer’s account, and a new invoice will be issued for the replacement item. Seller reserves the right to issue a credit in lieu of replacement.

If a Product is found to be in good working order, or if its failure to function properly resulted from user damage or abuse, the Product will be returned in the condition received unless repair is possible and requested by Buyer. Such repairs will incur charges for parts and labor and will proceed only after Buyer agrees to pay the applicable charges.

IMPORTANT:

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR IN ANY MANUFACTURER’S EXPRESS WARRANTY PROVIDED WITH A PRODUCT, ALL PRODUCTS SOLD AND ALL SOFTWARE LICENSED BY SELLER ARE PROVIDED “AS IS” AND “WHERE IS.” SELLER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, PERFORMANCE, AND RESULTS, AND ALL EXPRESS WARRANTIES NOT CONTAINED IN THESE TERMS. NO OTHER WARRANTIES ARE GIVEN UNLESS EXPRESSLY MADE IN WRITING BY SELLER.

BUYER AGREES THAT IN NO EVENT WILL SELLER’S LIABILITY TO BUYER OR BUYER’S CUSTOMERS INCLUDE ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. “CONSEQUENTIAL DAMAGES” INCLUDE LOSS OF ANTICIPATED PROFITS, BUSINESS INTERRUPTION, LOSS OF USE OR REVENUE, COSTS OF PROCURING SUBSTITUTE GOODS, DAMAGE TO GOODWILL, COST OF CAPITAL, AND LOSS OF OR DAMAGE TO PROPERTY OR EQUIPMENT.

IT IS EXPRESSLY UNDERSTOOD THAT ANY TECHNICAL ADVICE FURNISHED BY SELLER REGARDING THE USE OF THE PRODUCTS IS PROVIDED “AS IS,” WITHOUT ANY WARRANTY OR GUARANTEE OF RESULTS. SELLER ASSUMES NO OBLIGATION OR LIABILITY FOR ANY SUCH ADVICE OR FOR ANY RESULTS OBTAINED FROM IT. ALL SUCH ADVICE IS GIVEN AND ACCEPTED AT BUYER’S RISK.

IN NO EVENT WILL SELLER’S LIABILITY TO BUYER OR BUYER’S CUSTOMERS EXCEED THE PRICE PAID BY BUYER FOR THE SPECIFIC PRODUCTS PROVIDED BY SELLER THAT GAVE RISE TO THE CLAIM OR CAUSE OF ACTION. THIS LIMIT APPLIES COLLECTIVELY TO ALL CLAIMS AND THEORIES OF LIABILITY.

Buyer is responsible for compliance with all applicable U.S. and local laws. Buyer may not export or re-export the Products except in full compliance with all United States laws and regulations. In particular, Buyer may not export or re-export the Products to or through any country or territory subject to United States embargoes or sanctions, to any national or resident of such a country or territory, or to any person or entity identified on an applicable United States restricted-party list. In addition, Buyer is responsible for complying with all local laws that may affect Buyer’s right to import, export, or use the Products.

Governing Law and Jurisdiction:

Sales transactions under these Terms are governed by the laws of the State of Texas, without giving effect to any conflict-of-laws rule that would require the application of another jurisdiction’s laws, and by applicable federal laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. The parties agree that any controversy, claim, dispute, or disagreement arising under, out of, or relating to these Terms must be brought, to the exclusion of all other courts, in the state or federal courts located in Travis County, Texas. The parties consent and submit to the personal jurisdiction and venue of those courts for the resolution of all such controversies, claims, disputes, and disagreements.

Entire Agreement

These Terms constitute the entire agreement between the parties regarding their subject matter and supersede all prior and contemporaneous proposals, negotiations, representations, and other communications, whether written or oral, between Buyer and Seller. No modification or waiver of any provision of these Terms will be effective unless it is in a writing signed by both Buyer and Seller.

Rev. 11.06.2026