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Elite Electronics' Terms & Conditions of Sale 1.
ACCEPTANCE:
Acknowledgment is made in conformance with ELITE ELECTRONICS, INC.'s
quotation that resulted in your order. Your order is accepted subject to the
terms hereof and such acceptance is conditioned upon your waiver of any terms
and conditions of your order or of any documents incorporated therein that
differ from or are in addition to those herein.
Failure of the Buyer to object to the foregoing upon receipt of this
acknowledgment is deemed to be the Buyer's consent to such waiver, unless the
Buyer objects in writing within 10-days of receipt of Elite's Confirming Sales Order. 2.
DELIVERY:
Estimates as to time of delivery are based upon conditions prevailing at
the time of offer date and apply from the date of receipt of a definite
contract.
All agreements as to delivery are subject to contingencies beyond ELITE
ELECTRONICS, INC.'s control, including but not limited to strikes, fires,
accidents, military actions or acts of God.
In no way shall ELITE
ELECTRONICS, INC. be liable to the Buyer for any damages whatsoever, including
but not limited to loss of use, profit or other collateral, special or
consequential damages resulting from delays experienced by the Buyer in
production or delivery due to ELITE ELECTRONICS, INC.'s inability to deliver.
Should such delay occur, the delivery shall be deferred for a period equal to
the time of the delay. 3.
PRICE:
Price is free on board (F.O.B.) Elite Electronics' dock Plano, Texas -
USA. 4.
PAYMENT TERMS:
1)
Without approved credit, payment is due on or before shipment by credit
card or electronic funds
transfer.
A two (2%) percent discount will be applied if payment is received ten or
more days in advance of shipment date for approved credit accounts.
2)
Without approved credit, intent to pay by an irrevocable international at
sight letter of credit issued by a recognized and approved international bank
must be approved before order is placed.
3)
With approved credit, payment is due upon delivery and payable within
10-days with a two percent (2%) discount or within 30-days without discount,
partial payment is required on the basis of partial shipments of the total
order.
Invoices not paid within
30-days after receipt shall be charged an additional 1 1/2% per month service charge
on the unpaid balance.
This provision shall be effective to charge an interest rate not to
exceed that provided by the applicable usury laws.
Buyer grants to ELITE ELECTRONICS, INC. a security interest in all
materials, design technology, software source code, supplies, goods, and
equipment heretofore and hereafter sold by ELITE ELECTRONICS, INC. to the Buyer
for the purpose of securing the payment of the purchase price of same. 5.
FEDERAL, STATE AND LOCAL TAXES:
This offer does not contain any
amount for federal, state or local taxes.
If there be any such taxes validly imposed by the country, state and/or
locality of destination the Buyer agrees to make any necessary reports to the
taxing authority or authorities and to pay such taxes. 6.
CANCELLATION:
ELITE ELECTRONICS, INC.
at its option may cancel this order if:
1)
Buyer's payments are in default or Buyer breaches any material
provisions hereof;
2)
Causes beyond ELITE ELECTRONICS, INC.'s reasonable control as specified
in Paragraph 2. Delivery makes it impossible to assure shipment;
3) Substantial
changes in raw materials occur; or,
4)
Buyer becomes insolvent or petitions for bankruptcy.
BUYER
may cancel the remaining balance of this order by written notice to and by
receipt of written acknowledgment from ELITE ELECTRONICS, INC.
Buyer
will be liable for reasonable cancellation charges, which shall include
materials ordered, work in process for this order, and profit to be made on this
order.
In no case shall the cancellation charges exceed the purchase price of
the canceled portion of this order. 7.
WARRANTY:
ELITE ELECTRONICS, INC. warrants that the item(s) manufactured under the
Buyer's contract shall be free from defects in materials and workmanship
furnished by ELITE ELECTRONICS, INC. and shall conform to the applicable
drawings and specifications.
ELITE ELECTRONICS, INC.'S liability herein, for breach of warranty,
contract or negligence in manufacturing, shall
be limited to repair or replacement.
Repair or replacement of defective items will be applicable only if the
Buyer notifies ELITE ELECTRONICS, INC. by written notice within 30-days of
delivery.
All claims shall be addressed to:
ELITE ELECTRONICS, INC., 1408
Summit Avenue - Suite 5,
Plano, Texas
75074
U.S.A.;
ATTENTION:
Customer Service Manager.
ELITE ELECTRONICS, INC. reserves the right to inspect at the Buyer's
plant all items claimed to be defective or nonconforming prior to authorizing
their return.
ELITE ELECTRONICS, INC. assumes
no liability for the results of the use of its components in conjunction
with other electric, electronic or mechanical components, circuits and/or
systems.
The foregoing constitutes the sole and exclusive remedy of the Buyer and
the exclusive liability of ELITE ELECTRONICS, INC., and is
IN LIEU OF ANY AND ALL OTHER WARRANTIES, STATUTORY, IMPLIED OR EXPRESSED AS TO
MERCHANTABILITY, FITNESS FOR THE PURPOSE SOLD, DESCRIPTION, QUALITY,
PRODUCTIVENESS OR ANY OTHER MATTER.
Without limiting the foregoing, in no event shall ELITE ELECTRONICS, INC.
be liable for loss of use, profit or other collateral, or for special and/or
consequential damages.
8.
RETURNED GOODS:
ELITE ELECTRONICS, INC. will accept only those goods for return that have
been authorized for return.
All goods authorized for return shall be assigned a Returned
Material Authorization (RMA) Number.
The RMA Number shall be clearly marked on the shipping container(s) and
all documentation accompanying the goods authorized for return.
The RMA Number shall be assigned by ELITE ELECTRONICS, INC. pursuant to
the conditions set forth in Paragraph 7., WARRANTY.
9. UNITED STATES GOVERNMENT CONTRACTS: In the event this offer is accepted under Government contract, ELITE ELECTRONICS, INC. agrees to accept clauses required by Government regulations and to waive ELITE ELECTRONICS, INC. conditions inconsistent therewith. ELITE ELECTRONICS, INC. certifies that it is a regular manufacturer or dealer of the goods and/or services offered herein and that the prices offered do not exceed those charged to any customer for like quantities, services or materials under the same conditions.
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