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1.
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ORDERS:
The seller will provide same day shipping if the order is received before
11:00am and the product is in stock. Orders received after 11:00am will be
shipped the following day if the product is in stock. All orders are
considered firm unless cancelled prior to shipment. All return merchandises
and order cancellations will be subjected to a 25% restocking fee. For local
orders, products will be ready for pickup three (3) hours after the order is
received and the products are in stock. The order will automatically be cancelled
if not picked up within three (3) days.
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2.
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NEW ACCOUNT:
All orders are cash (COD) only. Term will remain COD until a complete credit
application has been approved and a tax exemption number has been received.
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3.
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RETURNED
CHECKS: Checks returned for insufficient funds or
unauthorized stop payment will be assessed a $20.00 service
charge per check and will be required to wire transfer the
amount within three (3) days or be sent to collection. Additionally,
a prorated 5% interest per month (or the maximum allowable under
applicable state law, whichever is less) will be assessed on any
unpaid balances for past due until such funds are collected. Customer
with two or more returned checks will be put on COD cashier's or
certified check for at least six months, at which time the account
will be re-evaluated.
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4.
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DEFECTIVE
RETURNS: Buyer shall return products that they believed
to be defective on arrival (DOA) within seven (7) days of delivery.
Buyer expressly waives any right to revoke acceptance thereafter.
Claims of late delivery are barred unless made prior to receipt of
products and the receipt of any products shall constitute a waiver
of any claim that such items were delivered late. No return of
products will be accepted by Zonet without a return merchandise
authorization (RMA) number, which will be issued in ZONET sole
discretion. Any returned products must be completed, in their original
color-box with all packing materials and accessories, and must
have any applicable freight or insurance charges prepaid. A complete
description regarding the nature of the defect must be included with
all returned products. Buyer shall ship such product to ZONET for credit,
repair or replacement. All items not eligible for credit repair or
replacement will be returned to Buyer freight collect.
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5.
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SELLER'S
RIGHT OF POSSESSION: ZONET shall have the right,
in addition to all others it may possess, at any time, for credit
reasons or because of the Buyer's default or defaults, to withhold
shipments, in whole or in part, to recall goods in transit, retake
same, or repossess all goods which may be stored with ZONET for the
Buyer's account, without the necessity of taking any other proceedings.
The Buyer consents that all the merchandise so recalled, retaken or
in any manner of the right or remedies available to ZONET because of
any default of the Buyer under the Uniform Commercial Code in force
and effect in the State of California.
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6.
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DEDUCTION:
Buyer shall pay to ZONET the amount of each invoice in accordance with the
term of such invoice, and, upon remittance, shall not make any deduction from,
all offset against, said invoice amount for any purpose whatsoever, unless a
valid credit memo has been issued to the customer by ZONET. All requests for
credit must be submitted in writing, including appropriate documentation and
debt memo number. ZONET will response to all claims within 60 days of receipt
and will issue credit memo where appropriate. In the event that the entire claim,
or any portion thereof, is determined to be invalid, a credit in full or in
part cannot be granted, the reasons will be documented in writing and submitted
to Buyer. Claims for disputed item must be submitted within 60 days from the invoice date.
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7.
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CONTROLLING
PROVISIONS: These terms and conditions shall supersede
any provisions, terms and conditions contained on any confirmation
order, other communication or writing the Buyer may give or receive.
The right of the parties shall be governed exclusively by the provisions,
terms, and conditions thereof.
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8.
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PURCHASE
ORDERS: A purchase order received from the Buyer
will not be considered binding unless acknowledged in writing
by ZONET. All purchase orders shall have scheduled delivery
dates for the quantities ordered. A delivery date earlier than
the scheduled delivery date for any products ordered may be
established with the written concurrence of ZONET. Each purchase
order submitted shall be subject to these terms and conditions.
If any purchase order contains typed or written terms and conditions
inconsistent with these provisions, Buyer agrees that these terms
and conditions shall govern, despite any language in Buyer's purchase order.
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9.
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PAYMENT
TERMS: Buyer shall pay invoices according to the term
printed on invoices in the United States dollar. Invoices not pay
according to the term may be charged a late fee at the rate of one
and a half percent (1.5%) per month (or such lower rate as may be
the maximum allowable by law). ZONET may refuse to ship any products
if Buyer (I) has delinquent payment hereunder or (II) fails to meet
credit or other financial requirements established by ZONET.
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10.
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DELIVERY:
All purchases shall be made F.O.B. ZONET. Subject to ZONET's right of
stoppage in transit, delivery of products to a carrier of the shipping
point in good condition shall constitute delivery to Buyer, thus, risk
of loss shall thereupon pass to Buyer provided; however, transfer of
title shall remain in ZONET until buyer makes payment in full for any
such products. Buyer shall keep the products in good order and repair
until the purchase price had been paid in full and shall promptly pay
all taxes and assessments upon the products or use of the products.
In the absence of specific shipping instructions, ZONET shall select
a carrier who shall be deemed to act as Buyer's agent, notwithstanding
any payment by ZONET of freight charges made for Buyer's account.
ZONET shall have no liability for any events occurring during shipment,
any claim for damages or loss must be filed with the carrier. Delivery
of any installment of products within thirty (30) days after the date
specified therefore shall constitute a timely delivery.
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11.
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WARRANTY:
Warranty for individual products will be set forth in the documentation
shipped with each respective product. The warranties stated in this
paragraph do not extend to products which are altered or damaged after
delivery to Buyer due to accident, Act of God, shipment of handling, or
due to storage, operation, use or maintenance in a manner or environment
which does not conform to instructions or specifications of ZONET published
at the time of delivery to Buyer. THE WARRANTIES SET FORTH HEREIN ARE IN LIEU
OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESSED, OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. THEREFORE, ZONET'S LIABILITY TO BUYER IS LIMITED
TO ITS OBLIGATION TO ISSUE CREDIT, REPAIR, OR REPLACE AS SET FORTH HEREIN,
WHICH IS BUYER'S EXCLUSIVE REMEDY. ZONET SHALL IN N O EVENT BE LIABLE FOR
COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY BUYER, OR FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ZONET WILL ALSO NOT BE LIABLE FOR ANY COST PROFITS OR
DAMAGES FROM LOSS OF DATA, EVEN IF ZONET HAS BEEN ADVISED, KNEW, OR SHOULD
HAVE KNOWN OF THE POSSIBILITY; THEREOF THE TOTAL RESPONSIBILITY AND LIABILITY
OF ZONET IN CONNECTION WITH ANY PRODUCTS SHALL BE LIMITED SOLELY TO THE PRICE
PAID FOR THAT PRODUCT BY BUYER. ANY ACTION AGAINST ZONET MUST BE COMMENCED
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
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12.
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DEFAULT
AND CANCELLATION: In the event of Buyer's default
in payment for the products purchased, Buyer shall be responsible
for all reasonable costs and expenses incurred by ZONET in collection
of any sums owed (including reasonable attorney's fees). ZONET may
decline to make further shipments to Buyer without in any way affecting
its rights under this Contract. If, despite any such breach by Buyer,
ZONET elects to continue to make shipments, such shipments shall not
constitute a waiver of any breach by Buyer or in any way affect ZONET's
legal remedies arising from such breach. Should Buyer elect to cancel its
order, Buyer shall be liable to ZONET for reasonable cancellation charges
which include, without limitation, all costs and expenses incurred by ZONET
in connection with procuring and filing Buyer's order, which shall not exceed
the actual resale price of the products cancelled. If Buyer becomes insolvent,
files or has filed against in any petition of bankruptcy, makes an arrangement
for the benefit of its creditors, suffers a receiver or similar party to be
appointed, ZONET shall be entitled to cancel this Contract without judicial
intervention, or declaration of default to Buyer, without prejudice to any
right or remedy which shall have accrued or shall thereafter accrue to Seller. |
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