Making positive impact through affordable business solutions

Terms & Conditions of Sale for Business Procedures

No attorney-client relationship is created by use of the products, services, or through the use of any of the materials, processes, and/or business procedures.  Optimal Industries does not provide legal advice.  The purchase, and use of the products, services, materials, processes, and/or business procedures is subject to the terms and conditions found hereinThe products, services, materials, processes, and/or business procedures are provided "As-Is."  Optimal Industries does not give any express, or implied warranties, or merchantability, suitability, or completeness for any of the products, services, materials, processes, and/or business procedures for your particular needs.  The products, services, materials, processes, and/or business procedures are used at your own risk.  In no event will I.) Optimal Industries, it's owners, members, agents, partners, or affiliates (hereinafter collectively called the "Indemnified Parties") or II.) the providers, authors, or publishers of the products, services, materials, processes, and/or business procedures be responsible, or liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods, or services, loss of use, data, or profits, or business interruption) however caused, and on any theory of liability, or tort (including negligence or otherwise) arising in any way out of the use of the products, services, materials, processes, and/or business procedures.  Buyer shall defend, indemnify, and hold harmless Optimal Industries, it's owners, members, agents, partners, affiliates, providers, authors, and publishers of materials from, and against all claims, suits, obligations, liabilities, damages, losses, and judgements including but not limited to costs and expenses related thereto reasonable attorney fees, and expenses, any obligation, or liability for loss of use, or any other incidental, or consequential damages, any liability which may be asserted against, suffered by, charged to or recoverable from the Indemnified Parties.  The products, services, materials, processes, and/or business procedures may not be copied, distributed, or resold without the written consent of Optimal Industries.  The parties hereto agree that any litigation arising out of this Agreement shall be in the State of Texas.  Buyer and Optimal Industries shall act at all times as independent contractors, and nothing contained herein shall be constructed to create the relationship of principal and agent, or employee between Buyer and Optimal Industries.  Buyer's purchase is accepted subject to the following terms and conditions, and no others.  The placing of this order by Buyer, and subsequent acceptance by Optimal Industries shall be conclusive evidence of the Buyer's approval of, and consent to the terms and conditions contained herein.


Terms & Conditions of Sale for Aviation Products

Buyer's purchase order is accepted subject to the following terms and conditions. The minimum accepted amount for a sales order is $150.00.  Prices do not include cartage, insurance, taxes, imposts, or other similar charges.  All payments shall be made in accordance with the terms set forth on the face of the quote, or invoice to which these terms are attached. Optimal Industries shall not be liable for delays in the delivery, performance, or failure to perform, or deliver due to the causes beyond its reasonable control; or acts of God, acts of the Buyer, acts of civil or military authority, Government priorities, fires, strikes, floods, epidemics, war riot, delays in transportation or shortages; or inability due to causes beyond reasonable control to obtain necessary labor, materials, utilities, components, or manufacturing facilities.  In the event of any such delay, the date of performance/delivery shall be extended for a period of time as may be necessary to compensate for any such delay.  Optimal Industries responsibilities under these warranties shall expire thirty (30) days after the date of purchase or fifteen (15) days from the date of installation whichever occurs first.  Warranties shall apply for components in serviceable, or better conditions.  Buyer agrees to assume round-trip transportation costs for defective, or non-conforming articles to and from Optimal Industries place of business.  These warranties will not apply if the articles, or any part thereof have been subjected to (1) any maintenance, overhaul, installation, storage, operation, or use, handling, or environment which is improper, or not in accordance with Optimal Industries, or the manufacturer's instructions; (2) any alteration, modification, or repair; (3) any accident, misuse, neglect, or negligence after delivery by Optimal Industries.  The warranty shall not apply to any article to the extent that the defect, or nonconformity is attributable to any part not supplied by or approved by Optimal Industries.  Optimal Industries obligations under these warranties are conditioned on Buyer's obligation to maintain records which will accurately reflect maintenance performed on Buyer's equipment, and establish the nature of any unsatisfactory condition of Buyer's equipment. Optimal Industries, at its request, shall be given access to such records for sustaining warranty claims.  No warranty is given with respect to articles, or parts not manufactured, overhauled, or repaired by Optimal Industries.  In no event will Optimal Industries, it's owners, members, agents, partners, or affiliates (hereinafter collectively called the "Indemnified Parties") be responsible, or liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods, or services, loss of use, data, or profits, or business interruption) however caused, and on any theory of liability, or tort (including negligence or otherwise) arising in any way out of the use of articles, or parts acquired from Optimal Industries.  Buyer shall defend, indemnify, and hold harmless Optimal Industries, it's owners, members, agents, partners, or affiliates from, and against all claims, suits, obligations, liabilities, damages, losses, and judgements including but not limited to costs and expenses related thereto reasonable attorney fees, and expenses, any obligation, or liability for loss of use, or any other incidental, or consequential damages, any liability which may be asserted against, suffered by, charged to or recoverable from the Indemnified Parties by reason of injury, or death of any person, including employees of Buyer, and any operator of any aircraft upon which any part, or article acquired hereunder is installed, or loss of damage to any property, including aircraft, upon which any part, or article acquired hereunder is installed, whether or not such event arises in any way from any form of fault, or negligence of Optimal Industries (whether passive, active, sole, joint, comparative, or concurrent).  The amount of all Federal, State, or local taxes applicable to the sale, use, or transportation of the articles sold, or work performed hereunder, and duties, imposts, tariffs, or other similar levies, shall be added to the prices, and paid by the Buyer.  Buyer indemnifies, and holds Optimal Industries harmless from the payment, or imposition of any tax imposed on any articles sold, or used hereunder.  If any article sold hereunder is for export, Buyer shall be responsible for arranging all transportation, insurance, and export clearances.  This Agreement shall be interpreted in accordance with the laws of the State of Texas. The parties hereto agree that any litigation arising out of this Agreement shall be in the State of Texas.  Estimated pricing is defined to mean an appropriate calculation only.  The final price may exceed the estimate price.  Buyer and Optimal Industries shall act at all times as independent contractors, and nothing contained herein shall be constructed to create the relationship of principal and agent, or employee between Buyer and Optimal Industries.  Buyer's purchase order is accepted subject to the following terms and conditions, and no others.  The placing of this order by Buyer, and subsequent acceptance by Optimal Industries shall be conclusive evidence of the Buyer's approval of, and consent to the terms and conditions contained herein.