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PRICE:
Z Technology, Inc. prices are exclusive of taxes, shipping, and insurance.
Domestic prices apply only to products purchased for use in the Unites
States. Export prices apply to products purchased for export.
The minimum order amount (exclusive of
taxes and shipping) is $25.00. Any order in an amount less than that
amount will be assessed a handling charge equal to the difference between
$25.00 and the amount of the order.
QUOTATIONS:
Unless otherwise indicated therein, Z Technology, Inc. quotations shall be
valid for thirty (30) days from the date of issuance.
PURCHASE ORDERS:
A Contract will be formed only upon Z Technology, Inc. acceptance of
Customer's written purchase order specifying the model number, options,
and quantities of each product ordered, and the requested shipping dates,
shipping destinations, and invoice point. Orders submitted pursuant to an
unexpired quotation must also reference the quotation number.
SCHEDULING AND SHIPMENTS:
Customer may request in its order that products be shipped according to a
specific shipping schedule. Z Technology, Inc. will schedule shipments
based on Customer's request and Z Technology, Inc.' shipping capability at
the time Customer's order is accepted. Upon such acceptance, Z Technology,
Inc. will issue an acknowledgment that will indicate the estimated
shipping date(s). Customers may request that orders be rescheduled or
cancelled only by written request submitted to Z Technology, Inc. Such
actions may result in additional fees. Reschedules or cancellations will
not be accepted once tender has been made by Z Technology, Inc. to the
carrier.
SHIPPING AND DELIVERY:
Z Technology, Inc. will use its best efforts to ship on or before the
estimated shipping dates indicated in Z Technology, Inc.' acknowledgment.
Z Technology, Inc. shall not be liable for any delay or failure to deliver
resulting from circumstances which are beyond Z technology Inc. reasonable
control or which would cause Z Technology, Inc. to incur unreasonable
expense in order to avoid such delay or to effect such delivery.
Delivery shall be FOB Z Technology, Inc.
shipping dock, in the absence of specific written instructions from
Customer, Z Technology, Inc. will select the carrier, but Z Technology,
Inc. shall not thereby assume any liability in connection with the
shipment. If products are shipped freight prepaid and/or insured Z
Technology, Inc. will bill Customer for each such charge on each shipment.
These charges shall be paid by Customer
and will be shown on the invoice as a single item denoted as
Transportation Services.
EXPORT RESTRICTIONS:
Customer shall neither export or re-export directly or indirectly, any
product purchased hereunder or technical data acquired hereunder, to any
country to which such export or re-export is restricted by United States
law or regulation without first obtaining any required governmental
license, authorization or approval.
If Customer resells or otherwise dispose
of any Z Technology, Inc. product, it will inform transferee of such
restrictions.
TITLE, RISK, OF LOSS, AND SECURITY
INTEREST:
Title and risk of loss for all products shall pass to Customer upon tender
of the product by Z Technology, Inc. to the carrier. Z Technology, Inc.
reserves a security interest in each product shipped until the entire
amount due therefore has been paid.
TAXES:
Any and all state and local sales, use, excise, and similar taxes imposed
on Z Technology, Inc. or which Z Technology, Inc. has a duty to collect in
connection with the sale, delivery, or use of any product will appear as
separate items on the invoice and will be paid by Customer. If sales to
Customer are exempt from such taxes, Customer shall furnish to Z
Technology, Inc. a certificate of exemption. |
INVOICES AND PAYMENT:
Z Technology, Inc. shall submit an invoice to Customer for each shipment
at the time of shipment. Payment terms are cash upon delivery or, at the
option of Z Technology, Inc., net thirty (30) days from the date of the
invoice. All payment shall be in United States dollars. If Customer
becomes delinquent Z Technology, Inc. may assess penalty charges and may
suspend performance under any outstanding order.
WARRANTY:
Z Technology, Inc. warrants to its Customers that the products that it
manufactures and sells will be free from defects in materials and
workmanship for the periods set forth in the specific products warrantee
statement. If any such product proves defective during the application
warranty period, Z Technology, Inc. at it option, either will repair the
defective product without charge for parts and labor or will provide a
replacement in exchange for the defective product.
In order to obtain service under this
warranty, Customer must notify Z Technology, Inc. of the defect before the
expiration of the warranty period and make suitable arrangements for the
performance of service. Z Technology, Inc. will provide such service at
its headquarters or at one of its authorized service centers. Customer
shall be responsible for packaging and shipping the defective product to
the service center designated by Z Technology, Inc. with shipment charges
prepaid. Z Technology, Inc. shall pay for return shipping to Customer at
the same location from which the product was shipped.
This warranty shall not apply to any
defect, failure or damage caused by improper use or improper or inadequate
maintenance and care. Z Technology, Inc. shall not be obligated to furnish
service under this warranty a) to repair damage resulting from attempts by
personnel other than Z Technology, Inc. representatives to install, repair
or service the product; or b) to repair damage resulting from improper use
or connection to incompatible equipment.
THIS WARRANTY IS GIVEN BY Z
TECHNOLOGY, INC. IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED. Z
TECHNOLOGY, INC. AND ITS VENDORS DISCLAIM ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Z TECHNOLOGY, INC.'
RESPONSIBILITY TO REPAIR OR REPLACE A DEFECTIVE PRODUCT IS THE SOLE AND
EXCLUSIVE REMEDY PROVIDED TO THE CUSTOMER FOR BREACH OF THE WARRANTY. Z
TECHNOLOGY, INC. AND ITS VENDORS WILL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, IRRESPECTIVE OF WHETHER Z
TECHNOLOGY, INC. OR THE VENDOR HAS ADVANCE NOTICE OF THE POSSIBILITY OF
SUCH DAMAGES.
ASSIGNMENT:
Customer may not assign or otherwise transfer its rights or obligations
hereunder without the prior written consent of Z Technology, Inc. No
attempt to assign or transfer in violation of this provision shall be
valid or binding upon Z Technology, Inc.
GOVERNING LAW:
The rights of the parties hereunder shall be governed by the laws of the
State of Oregon, USA.
NOTICES:
All notices required or authorized by these terms and conditions shall be
given in writing and shall be deemed effective upon receipt. Notices to
Customer shall be sent to the address shown in Customer's order. Notices
to Z Technology, Inc. shall be sent to:
Z Technology, Inc.
Sales Department
P.O. Box 6806
Beaverton, Oregon 97007 USA
FAX: (503) 614-9898
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