Standard Terms & Conditions of Sale
Acknowledgment is made in conformance
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 the
Buyer’s consent to such waiver, unless the Buyer objects in writing within
10-days of receipt of Elite Electronics’ Confirming Sales Order.
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
and approved drawings. All
agreements as to delivery are subject to contingencies beyond Elite Electronics’
control, including but not limited to strikes, fires, accidents, military
actions or acts of God. In no way
shall Elite Electronics 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 inability to deliver.
Should such delay occur, the delivery shall be deferred for a period
equal to the time of the delay.
Overages & Shortages.
The industry standard on most products is ± 5%; therefore, there could
be an overage or shortage in the actual shipping quantity.
Please notify Elite Electronics within 10-days after receipt with the
quantity received and the invoice amount will be adjusted or an RMAN will be
issued for the overage quantity to be returned.
Elite Electronics’ dock Plano, Texas U.S.A. or the country of origin which ever
The Buyer is responsible for all costs and risks associated with the
loading and delivery of the goods to the Buyer’s destination, and for clearing
the goods for export unless otherwise stated in Elite Electronics’ Quotation
that resulted in this order.
Extraordinary Raw Material Pass-through Charges.
Due to wide variances and rapidly changing raw material costs, Elite
Electronics reserves the right to charge the Buyer raw material prices in effect
on the day of shipment for all affected product herein.
2) Currency Fluctuations.
Elite Electronics reserves the right to adjust unit pricing for products
fabricated or supplied from offshore locations if the quoted unit price
increases 2% or more due to currency fluctuations.
Prepaid & Add Shipping Costs.
Elite Electronics’ quotation that
resulted in this order provided the Buyer an estimated freight cost for the
product herein; Elite reserves right to pay the actual freight charges to the
common carrier and then bill the Buyer for the freight forwarder’s actual
4.0 PAYMENT TERMS.
Production Deliveries without
approved credit require a 75% down payment prior to the start of production with
the 25% open balance due before shipment. 2)
Tooling and Design without approved
credit requires a 75% down payment and 25% upon written acceptance. 3)
Without approved credit, all payments
are due by credit card, bank transfer or company check. Elite Electronics
reserves the right to delay starting any customer order pending verification of
funds availability on company checks.
4) Standard Payment
Terms with approved credit are 2% 10-Days/Net 30-days after receipt of goods
from the EXW point on quotation; partial payment is required on the basis of
partial shipments of the total order. With approved credit
Design/Prototype/Tooling orders are due 50% prior to beginning work and 50% upon
delivery of the agreed upon work product. 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 a security interest in all
materials, tooling, design technology, software source code, supplies, goods,
and equipment heretofore and hereafter sold by Elite Electronics to the Buyer
for securing the payment of the purchase price of same.
5.0 FEDERAL, STATE
at its option may cancel this order if:
Buyer’s payments are in default or Buyer breaches any material provisions
Causes beyond Elite Electronics reasonable control as specified in
Paragraph 2. ~ Delivery makes it impossible to assure shipment;
Substantial changes in raw materials occur; or,
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
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.
Customer expressly agrees to indemnify and hold Elite Electronics
harmless from any claim of violation or infringement upon any rights, including
without limitation, patent, trademark, trade secret and/or copyright rights,
made by anyone against Elite Electronics for any product sold to the Customer by
Elite Electronics. Customer further
agrees that its obligation of indemnification includes without limitations, all
damages, out of pocket expenses, attorneys’ fees and the reasonable value of all
engineering and management costs expended by Elite Electronics in defense of any
Elite Electronics warrants that the item(s) manufactured or sold under
the Buyer’s contract shall be free from defects in materials and workmanship
furnished by Elite Electronics and shall conform to the applicable drawings and
Elite Electronics’ 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 by written notice within 30-days of
delivery. All claims shall be
1408 Summit Avenue - Suite 5,
Texas 75074 USA; ATTENTION:
Elite Electronics reserves the right to inspect at the Buyer’s plant all
items claimed to be defective or nonconforming prior to authorizing their
Elite Electronics assumes no liability for the results of the use of its
components in conjunction with other electric, electronic, optical 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, and is
IN LIEU OF ANY
9.0 RETURNED GOODS.
Elite Electronics 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 Number
(RMAN). The RMAN shall be
clearly marked on the shipping container(s) and all documentation accompanying
the goods authorized for return.
The Buyer is responsible for all packaging and freight costs.
The RMAN shall be assigned by Elite Electronics pursuant to the
conditions set forth in Paragraph 8. ~ WARRANTY.
10.0 UNITED STATES GOVERNMENT CONTRACTS. Provided the Customer has properly specified and documented the product herein, and this offer is accepted under Government contract, Elite Electronics agrees to accept clauses required by Government regulations and to waive Elite Electronics conditions inconsistent therewith. Elite Electronics 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.
Elite Electronics requires its fabricating sources to provide a written ISO Certificate of Compliance (C of C) inclusive of the product's ISO Manufacturing Date Code, RoHS - 2002/95/EC (Directive on the Restriction of the use of Certain Hazardous Substances in Electrical & Electronic Equipment) and WEEE - 2002/96/EC (Directive on Waste Electrical & Electronic Equipment) compliance with each production shipment.
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