| TERMS AND CONDITIONS OF SALE The following are the terms and conditions ("Terms and Conditions") for the sale of These Biometric Locks to South Florida Biometric Access, Inc's ("SFBA") Customers. 1. ACCEPTANCE AND CANCELLATION OF ORDERS All orders are subject to acceptance in writing by a duly authorized agent of SFBA; any written acknowledgement of receipt of an order shall not, in and of itself, constitute such acceptance. Orders accepted by SFBA may be cancelled by Customer upon written consent of SFBA and provided such order is not "Non-Cancelable/Non-Returnable" ("Non-Standard Products"). Non-Standard Products are defined as Products which are special orders, custom orders, orders for non-standard products, products not customarily in stock or orders for value-added products. Non-standard products are non-cancel able and non-refundable. In the event of cancellation or other withdrawal of an order for any reason and without limiting any other remedy which SFBA may have as a result of such cancellation or other withdrawal, reasonable cancellation or restocking charges, which shall include all expenses incurred SFBA, shall be paid by Customer to SFBA. Orders may not be canceled or rescheduled after the order has been submitted by SFBA to the shipment carrier. 1. RETURNS Customer must notify SFBA within 30 days from date of shipment of any defective product. Returns are normally accepted when completed within 30 days of the ship date. If SFBA agrees to accept a return, return freight charges must be prepaid by customer. We will not accept COD shipments. Some products may require that they be returned directly to the manufacturer. Contact a sales representative for a return authorization number and addressing instructions prior to returning product. The forgoing statements concerning Returns do not apply to NON-CANCELABLE/NON-RETURNABLE PRODUCTS. (See the NON-CANCELABLE/NON-RETURNABLE PRODUCTS section in these terms.) 2. PRICES Orders are billed at the prices (in US dollars) in effect at the time of shipment. Prices will be as specified by SFBA and will be applicable for the period specified in SFBA's quote. If no period is specified, quoted prices will be applicable for thirty (30) days. The catalog reflects the latest pricing information available at the time of printing. Prices shown in the catalog are subject to change without notice. Prices are subject to increase in the event of an increase in SFBA's costs or other circumstances beyond SFBA's reasonable control. Prices are exclusive of taxes, impositions and other charges, including: sales, use, excise, value added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent's and broker's fees, bank fees, consular fees, document fees and import duties. 3. TERMS OF PAYMENT All payments must be in US Dollars. For Domestic Orders Credit cards accepted are major credit cards, purchase cards and major bank debit cards. 3.1 TERMS OF PAYMENT For All Orders Customer agrees to pay the entire net amount of each invoice from SFBA pursuant to the terms of each such invoice without offset or deduction. Orders are subject to credit approval by SFBA, which may in its sole discretion at any time change the terms of Customer's credit, require payment in cash, bank wire transfer or by official bank check and/or require payment of any or all amounts due or to become due for Customer's order before shipment of any or all of the Products. Checks are accepted subject to collection and the date of collection will be deemed the date of payment. 4. SALES TAX When required by law SFBA will collect Federal, State and/or Local sale, use, excise and other taxes which apply to a Customer's shipment. These taxes are in addition to the purchase price of the Products subject to an order. Customer will remit the correct tax unless they are tax exempt and SFBA has a valid signed tax exemption certificate on file. 5. DELIVERY AND TITLE All shipments by SFBA are F.O.B. Point of shipment from SFBA's facility and the amount of all transportation charges will be paid to SFBA by the Customer in addition to the purchase price of the Products. Delivery of a quantity which varies from the quantity specified shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered. 6. SFBA'S LIMITED WARRANTY SFBA agrees to transfer to Customer whatever transferable warranties, SFBA receives from the manufacturer of products sold to Customer. SFBA makes no other warranty, express or implied, with respect to the Products. IN PARTICULAR, SFBA MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT. SFBA's liability arising out of any sale of products to Customer is expressly limited to either (1) Refund of the purchase price paid by Customer for such products (without interest), or (2) Repair and/or replacement of such products, at SFBA"s election, and such remedies shall be exclusive and in lieu of all others. Implied warranties of fitness for a particular purpose and merchantability are specifically excluded and shall not apply. Customer's obligations and SFBA's remedies, with respect to defective or nonconforming products, are solely and exclusively as stated herein. Further, no warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident or modification, or has been soldered or altered in any way. 7. LIMITATION OF LIABILITIES IN NO EVENT SHALL SFBA BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installations or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Customer's recovery from SFBA for any claim shall not exceed the purchase price paid by Customer for the goods, irrespective of the nature of the claim, whether in warrant, contract or otherwise. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD SFBA HARMLESS FROM ANY CLAIMS BROUGHT BY ANY PARTY REGARDING PRODUCTS SUPPLIED BY SFBA AND INCORPORATED INTO THE CUSTOMER'S PRODUCT. 8. STATEMENTS AND ADVICE If statements or advice, technical or otherwise, are offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge and SFBA shall have no responsibility or liability for the content or use of such statements or advice. 9. NON-CANCELABLE/NON-RETURNABLE PRODUCTS From time to time, Seller will notify Buyer of a product that is "NC/NR", (Non-Cancelable/Non-Returnable) upon determining that an order requires such conditions of sale. Buyer understands that "NC/NR" products are obtained by SFBA from the manufacturer specifically for the buyer. Irrespective of circumstances the buyer agrees that "NC/NR" products may not be cancelled, returned or re-scheduled by the buyer without the agreement of the SFBA's supplier and the written consent of South Florida Biometric Access, Inc 10. FORCE MAJEURE SFBA will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control, including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fire, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots, or war. |
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| Tel: 561 - 254 - 4989 Fax: 561 - 649 - 8335 Email: John@fingerprintlocks.org |
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