Blueridge Digi-Touch DDN-SW1 Посібник з монтажу - Сторінка 13

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B l u e

R i d g e

T e c h n o l o g i e s

Terms and Conditions of Sale

AGREEMENT OF SALE: Acceptance by Blue Ridge Technologies, (hereinafter "Seller") of any order, placed for the goods described on the Acknowledg-

ment, Invoice or Sales Contract hereof shall be subject to Seller's Standard Terms and Conditions of Sale and is conditioned upon the Buyer's acceptance

of these Standard Terms and Conditions of sale as stated on this Sales Contract.

TERMS OF CONTRACT: Any terms or conditions of the Buyer's order which are inconsistent with these Standard Terms and Conditions shall not be bind-

ing on the Seller and shall not be considered applicable to the sale or shipment of goods covered by this Acknowledgment, Invoice, or Sales Contract.

PRICES: Prices are subject to change to the extent permissible under applicable federal law. Sales contracts which call for delivery in the future will

be billed at prices in effect at the time of shipment. Shipping weights shown are approximate and subject to change without notice. Seller shall notify

buyer of any significant changes in weight.

SHIPMENT AND PAYMENTS: All prices are F.O.B. Seller's plant in Kennesaw, Georgia. No freight is allowed on any shipments. Shipments and deliveries

hereunder shall at all times be subject to the approval of Seller's Credit Department. Seller may, at any time, require payment in advance or satisfactory

security or guarantee that invoices will be promptly paid when due. If Buyer fails to comply with any terms of payment, Seller, in addition to its rights

and remedies but not in limitation thereof, reserves the right to withhold further deliveries or terminate this Agreement, and any unpaid amount thereon

shall become due immediately. Terms of payment shall be as set forth on the face hereof. Unless approved by Seller, all overseas shipments shall require

prepayment by wire transfer or an irrevocable letter of credit from Buyer.

FORCE MAJEURE: Delays or defaults in delivery by Seller of the goods covered by this Sales Contract shall be excused as Force Majeure so far as the

same is caused by fire, strikes, accident, war, natural disasters, acts of God, terrorism, explosions, death, vandalism, armed robbery, theft, breakage of

machinery, governmental regulation, or any other events which were unavoidable or caused by events which are beyond the reasonable control of Seller.

In no event shall Seller be liable for any consequential, special, or contingent damages on account of any default or delay in delivery from any Force

Majeure event. If any Force Majeure event occurs which may affect Buyer's goods, Seller shall give prompt oral and written notice of its Force Majeure

declaration to Buyer within 7 days or as soon as is practicable.

NON-CANCELLATION: Orders are not subject to suspension, reduction, or cancellation, except on terms that will indemnify Seller against loss. SPECI-

FICATIONS: Seller relies on specifications and other data furnished by the Buyer, architect, contractors, and/or consulting engineer in all phases of the

work covered by this Acknowledgment, Invoice or Sales Contract. Seller shall be responsible to check quantities only. Alterations, changes in specifica-

tions, approval of samples, and/or changes in delivery shall not be binding upon Seller unless approved by Seller in advance. In the event Buyer asks

Seller to perform design or engineering work for any and all phases of the work covered by this Acknowledgment, Invoice or Sales Contract, Seller shall

not be responsible for any damages claimed by the Buyer as a result of alleged errors or defects in such design or engineering work except for gross

negligence on the part of Seller.

"WARRANTY AND LIMITATION OF LIABILITY: Seller warrants that the goods supplied by it have been manufactured in accordance with its standard

manufacturing practices are non-defective and conform to the contract or catalog description for such goods. Except as stated herein, Seller makes no

express warranty with respect to goods supplied by it and Seller makes no implied warranties of suitability or fitness for any particular purpose. Unau-

thorized or unapproved modifications or alterations of such goods without the express written approval of Seller shall void all warranties and indemnities

granted herein. To satisfy its indemnity and warranty obligations, Seller will, at its sole option, credit, repair or replace, any goods supplied by it which its

examination shall disclose to its satisfaction are defective in workmanship or material, and are returned to it within two years from the date of shipment.

Any claim not made within this period shall be conclusively deemed waived by Buyer. Seller shall not be liable for any consequential, special, incidental,

punitive or contingent damage or expense arising directly or indirectly from any defect in its goods or from the use of any defective goods or otherwise

arising out of this Contract or any purchase order. The remedies set forth herein shall constitute the exclusive remedies available to Buyer for Seller's

indemnity and warranties and are in lieu of all other remedies that would otherwise be available to Buyer.

Warranty and technical support on Blue Ridge Technologies products are only available after payment has been received in full.

RETURNS: Material returned for credit is subject to a 25% restocking charge. Freight or other costs incurred in restocking will be added. Returns result-

ing from errors by the Seller will not be subject to the charge. Returned materials shall be received in condition for resale as new equipment to qualify

for credit. Returned materials must be returned to the Seller within 30 days of receipt and shall only be accepted with prior written authorization.

SELLER RESERVES THE RIGHT TO SUBSTITUTE MATERIALS USED IN CONSTRUCTION OR EQUIPMENT SOLD PROVIDED SAID SUBSTITUTION DOES NOT

MODIFY THE OPERATIONAL CHARACTERISTICS OF THE EQUIPMENT SOLD.

THESE TERMS OF SALE MAY BE MODIFIED WITHOUT NOTICE. THE TERMS OF SALE IN EFFECT AT THE TIME OF SALE SHALL APPLY. THE SELLER AS

REFERRED TO IN THE TERMS OF SALE IS Blue Ridge Technologies.

CLAIMS: Claims for shortages of goods or for mistakes or errors in billing must be presented within forty-five (45) days from the date of goods; and must

state the packing slip number and container number applicable to the claim. Any claim not so presented shall be conclusively deemed waived.

TAXES: Any federal, state, local or government tax or charge on the sale, shipment, or installation of the goods covered by the Acknowledgment, Invoice

or Sales Contract, shall be added to the price and paid by Buyer or, in lieu thereof, the Buyer shall furnish Seller with tax-exemption certificates accept-

able to the taxing authority. Buyer agrees to reimburse and save Seller harmless from all such state and local taxes, including interest and penalties

thereon, which may at any time be payable to any governmental unit with respect to the sale of any goods covered by this Acknowledgment, Invoice or

Sales Contract.

CREDIT BALANCE: Any credit memos granted to Buyer from Seller arising out of returned goods or other circumstances, which are not subsequently re-

quested or applied to the purchase of other goods from Seller within twelve months from the date credit was granted, shall become the property of Seller.

APPLICABLE LAW: All questions arising out of this Acknowledgment, Invoice or Sales Contract, which shall be deemed a Georgia contract, shall be

governed by the laws of the State of Georgia. Venue for any disputes arising out of this agreement shall be in Georgia. All disputes arising out of this

agreement shall be resolved in the following fashion: the parties shall first engage in good-faith negotiation. If the parties are unable to settle their claims

through good-faith negotiation, the parties shall attempt to resolve their dispute through mediation by an agreed upon mediator. Lastly, if mediation fails,

the parties shall be subject to binding arbitration by an agreed upon arbitrator who is a member of the American Arbitration Association. The prevailing

party in any arbitration or other legal action arising out of this agreement, and/or these terms and conditions of sale, shall be entitled to indemnification

of all its attorneys' fees, litigation expenses, and costs from the losing party.

EXCLUSIVE TERMS: This Acknowledgment, Invoice or Sales Contract, which includes these Standard Terms and Conditions, shall constitute the final and

binding contract between the parties and shall take precedence over any other terms and conditions from the Buyer. Any changes or deviations from this

Acknowledgement, Invoice or Sales Contract must be in writing and mutually agreed to by Buyer and Seller.

LIMITATION FOR SUITS: Any controversy or claim arising out of, or relating to, this Acknowledgment, Invoice or Sales Contract, or the breach thereof,

must be commenced within two (2) years

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Blue Ridge Technologies is a Trademark of Blue Ridge Technologies

Digi-Touch

Installation Guide

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