| |
Note : This form
must be submitted and sign together with the
Credit
Application Form
1. ALL SALES ARE FINAL:
TKO Audio offers no price
protection of any kind. SHIPMENT OUTSIDE THE
CONTINENTAL UNITED STATES: All shipments outside
of the continental U.S.A have to be either
pre-paid, International letter of credit
2. SHIPMENT,
DELIVERY, TITLE AND RISK OF LOSS: Delivery dates
are approximate, and are based upon receipt of
all necessary information from the Buyer and are
not a guaranty of particular date of delivery.
Except as provide under Clause # 7 herein,
Sellers responsibility for product ceases risk
of loss (and also
title to the products in cash sales) passes to
buyer (a) upon delivery to the inland carrier
where delivery is specified F.O.B. - warehouse
of port of entry and (b) upon delivery at
destination where delivery is specified F.O.B.
destination.
3. DELAY/NON
PERFORMANCE: Seller will not be liable for the
delay in performance, including or failures to
perform , including failure to deliver, due to
(a) any cause beyond the Seller's reasonable
control acts of Buyer, acts of Civil or Military
authorities governmental regulations or
priorities, strikes, fires, riots, wars, or
natural disasters, including epidemics, storm
droughts, floods, earthquake, or transportation
delays, or © any
inability arising from causes beyond Sellers
reasonable control to obtain necessary
materials, components, service of facilities.
Seller will promptly notify Buyer of any
material delay and will specify a revised
performance date as soon as possible. In the
event of such delay, this agreement will not be
terminated and the date of performance will be
period of delay.
4. PRICES:
Prices shown on the face hereof are firm for the
quantities listed provided the Buyer and Seller
have agreed on a delivery date. In the absence
of an agreed upon delivery dates, Seller
reserves the right to effect price changes at
the time shipping.
5. TAXES:
The gross amount of any sales, property, excise,
use, value-added or other similar tax applicable
to the price, sale, or delivery of any products
of services furnished hereunder by Seller or
Buyer shall, at Sellers option, either be added
to the price as shown on the face hereof or
Buyer will provide Seller with
tax exemption certificate acceptable to the
taxing authorities.
6.FINANCIAL
CONDITION: Any order for products by Buyer
should constitute a representation that Buyer is
solvent in addition, Buyer will furnish a
written representation concerning, its solvency
at any time during the transaction covered by
this agreement. If buyer's financial condition
at any time does not justify continuance by
Seller hereunder, Seller may require full or
partial payment in advance. In the event the
Buyer bankruptcy or insolvency or in the event
any proceeding is brought against Buyer,
voluntary or involuntary, under bankruptcy, or
insolvency laws, Seller shall be entitled to
cancel any order then outstanding at any time
during the period allowed for filling claims
against the estate and shall receive
reimbursement for it's proper cancellation
charges. Sellers rights under this article are
in addition to to all rights available to it law
or in equity.
7.
CHANGES/SPECIAL REQUEST: No charge order or
special request or requirement of Buyer not
specifically
referenced herein will bind Seller unless agreed
to in a writing signed by Seller's duty
authorized agent. In the event that compliance
with Buyer's change order or special request or
requirement ( including complying with provision
of any local electrical or building codes) adds
to Seller's cost or causes a delay in Seller's
cost or causes delay in Seller's any
performance, the price as shown on the face
hereof will automatically be increased by the
amount of the additional cost and performance
date will automatically be extended by the
period of the delay. Seller will not notify
Buyer as soon as possible of the amount of such
price increase and of the revision performance
schedules, but Seller right under this paragraph
are not contingent upon sending of such notice.
8.WARRANTY
INFORMATION:
A) As to merchandise the carries the
manufacturer warranty RADTRONICS EXPRESSLY
DISCLAIMS Making ANY WARRANTY OF ANY KIND
IMPLIED OR EXPRESS, INCLUDING WARRANTIES OR
MERCHANTABILITY OR
FITNESS FOR PARTICULAR PURPOSE AND ALL SUCH
MERCHANDISE IS SOLD "AS IS" AND WILL ALL FAULTS.
B) Buyer acknowledge that RADTRONICS Informed
Buyer that the merchandise may not necessary
have been purchase from the manufacturer's
authorized distributor in the United States, and
it so called parallel merchandise. and,
therefore, may not carry the manufacture's or
distributor's customary warranties for
all such merchandise.
C) RADTRONICS shall not be liable for
indirectly, incident, or consequential damages
inducing lost profits, revenues;business
opportunities, etc arising from any delay in or
failure of performance required
under this agreement. Buyer shall hold harmless
RADTRONICS and its officers, directors,
shareholders, employees and representatives from
and against any claim or suit brought against
any of them, by any third party or account of
merchandise sold to Buyer hereunder, and shall
further indemnify them any loss, cost or expense
any of them may incur by reason thereof
(including attorney fee).
D) Seller warrants against defect in material
workmanship, as follows.
1. For a period of 90 days from the date of
purchase, Seller would pay the labor charges and
repair the defective product at our service
facility. After this 90 day period. Buyer must
pay for all labor charges.
2. In addition, Seller will supply , at no
charges, new or rebuilt replacements for
defective parts foe period of six months from
the date of purchase.
E) To obtain warranty service during 90 day
period parts and labor, or 6 months parts. Buyer
must take the product, or deliver the product
PREPAID to OUR service facility within the
warranty period. Some
states do not allow the exclusion or limitations
of incidental or consequential damage, or allow
limitations on how long a warranty lasts, so the
limitations or exclusions may not apply to you.
This warranty gave you specific legal rights and
you may also have rights which may vary from the
state to state.
9.
LIMITATIONS OF LIABILITY (a) SELLER WILL NOT
UNDER ANY CIRCUMSTANCE; WHETHER AS RESULT
OF BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
OR OTHERWISE BE LIABLE FOR CONSEQUENTIAL,
INCIDENTAL SPECIAL OR EXEMPLARY DAMAGE
including, but not limited to loss of profits or
revenues, loss of use or damage to any
associated equipment, cost of capital, cost of
substitute products, facilities, facilities or
services, downtime cost or claims of Buyer's
customers. (b) SELLERS LIABILITY OF ANY CLAIM OF
ANY KIND FOR ANY LOSS OR DAMAGE ARISING OUT OF
OR RESULTING FROM, OR CONCERNING ANY ASPECT OF
THIS AGREEMENT OR FROM THE PRODUCTS OR SERVICES
FURNISHED HEREUNDER SHALL NOT EXCEED THE PRICE
OF THE SPECIFIC. PRODUCT OR SHIPMENT WHICH GIVES
RISE TO CLAIM © Seller will not be subjected to
any liability, whether in contract warranty,
tort or otherwise, on any claim for loss or
damage concerning
products, parts, advice assistance or service
which Seller furnishes to Buyer as a business
courtesy but are not required under this
agreement. (d) The invalidity, in whole or in
part, of any of the foregoing subparagraphs will
not affect the remainder of such subparagraph or
other subparagraph in this paragraph (no. 9).
10. INITIAL
FAILURE RETURNS: We ask you to carefully inspect
the merchandise upon receipt and notify us of
any apparent defect due to shipping, handling
etc. within 5 working days. We will accept you
claim and process it as soon as possible.
A) All merchandise that has been initially
defective is subject to our verification, and it
will be exchange as quickly as possible. without
the proper RA number will be refused by
RADTRONICS or sent back to you freight
collect and assessed as handling fee.
C) We will verify through checking serial
numbers whether the defective item was purchase
by us, and then call you and assign to you an RA
number. The number shall only be used for the
shipment in question. You must mark all sides on
all sides on all boxes with the proper assigned
RA number. Please ship all items prepaid and we
will immediately repair the merchandise ( in our
sole discretion ad depending on item and
branch). All merchandise repaired or replaced
merchandise will be sent freight pre-paid.
D) To get a RA number, you must call (213)
747-9060 Monday thru Friday, 10:00 AM to 5:00 PM
P.S.T. No. RA numbers will be assigned through
our toll free numbers as they are maintained for
ordering
only.
E) Any merchandise that has been abused through
mishandling by persons in the chain distribution
other than
RADTRONICS personnel is not covered by warranty
RADTRONICS will repair such items at customer's
expenses and customer is responsible for any
parts required. Please note that in some cases
it take 2-5 weeks for some repairs depending on
the item and model number.
11.
ASSIGNMENT: Buyer may not delegate any duties
nor assign any of its rights or claims under
this agreement without prior written consent of
RADTRONICS and such delegation or assignment not
in compliance with this provision shall be void.
This agreement shall in all respects be binding
upon the heirs,
successors, representatives and assignees of the
buyer.
12.
APPLICABLE LAW, JURISDICTION, AND VENUE: All
orders for items set forth herein were received
at
Los Angeles, CA. All payment to Seller are
payable at Seller's place of business in Los
Angeles, CA. Seller and
Buyer agree to jurisdiction and venue in Los
Angeles, CA It is understood and agreed the
buyer has delivered this application and related
financial information to Seller's credit
officers in Los Angeles, CA and therefore
stipulate that jurisdiction and venue is proper
in Los Angeles County. All payment to Seller's
place
of business in Los Angeles California. It is
further agreed that the laws of the State of
California shall govern this Agreement.
13. ATTORNEY
FEES AND RELATED COSTS: In the event of any
dispute concerning any provision of this
agreement which results in arbitration or
litigation the prevailing party shall, in
addition to any other recovery which may be
awarded, be entitled to recover reasonable
attorney's fees and all related costs of
suits incurred.
14. ENTIRE
AGREEMENT: This Agreement constitutes the entire
agreement between the parties and supersedes
other agreement whether written or oral; that
may have been entered into by parties and
shall prevail over contradictory term and
conditions in any purchase order, acceptance,
acknowledgment, or other standard forms used by
the parties in performing this agreement.
____________________
__________________
Sign and Print
Date
__________________
Company Name
NOTE: Seller
maintain the right to alter this agreement in
any manner he deems necessary,
so long it complies with all applicable law.
However, any alterations, changes, etc. will
not effect the term of any transaction entered
into prior to Seller's notifying Buyer of
such alteration, change, etc. in writing.
|
|
