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Terms and conditions applicable to orders and sales
contracts (unless otherwise specified in writing) by Phoenix Mobile
Air, Inc.
1. PRICES: Unless otherwise designated in
this order, the customer agrees to pay Phoenix Mobile Air, Inc
established prices in effect on date of shipment if shipment from
other persons or firms, or on date of delivery from the Company's
stock. Prices are f.o.b. shipping point unless otherwise designated
in this order. Where transportation charges are expressly included,
the same are based on present rates and are subject to adjustment
for any increase in effect at time of shipment. Any direct tax,
including sales or use tax, imposed by law with respect to the sale
or manufacture of any merchandise will be added.
2. PAYMENT TERMS: Unless otherwise specified, all invoices are
due and payable Net 30 days following date of invoice. A cash
discount will be allowed only on items or amounts specified on the
invoice as subject to discount provided, also, the invoice is paid
within the discount period indicated. In any event, unless shown
otherwise, labor, used materials, tax, reimbursable expenses and
prepaid transportation charges are net cash. No cash discount will
be allowed on the cash portion of a deferred term purchase. All
past due amounts arising hereunder or otherwise owing Phoenix Mobile
Air, Inc shall bear interest at 1 1/2% per month or the maximum rate
of interest allowed by the state law or laws of the United States of
America applicable to this transaction, whichever is lesser. In no
event shall the rate of interest charged exceed the applicable
lawful maximum. If default is made in the payment of any sums due to
Phoenix Mobile Air, Inc and collection is made through an attorney
engaged by it, purchaser agrees to pay all reasonable and necessary
attorney's fees, expenses, and court costs.
3. DELIVERY: Phoenix Mobile Air, Inc shall not be responsible
for any delay or failure to make delivery which is occasioned by
cause beyond its control; including but not restricted to fires,
floods, strikes, labor disputes, accidents, embargoes, delays in
transportation, car fuel, material or labor shortages, failure to
obtain delivery from manufacturers or subcontractors, or by any
ruling, regulation, or any government bureau or agency. Delays so
caused shall not release the customer from his obligation to accept
and pay for goods. Phoenix Mobile Air, Inc responsibility ceases
upon delivery of the merchandise to the carrier.
4. CREDIT this sale, unless for cash in advance or C.O.D., is
subject to approval by the credit department of Phoenix Mobile Air,
Inc. If the credit rating of the Customer becomes unsatisfactory in
the opinion of the credit department of Phoenix Mobile Air, Inc
prior to delivery of the merchandise covered by this order, the
contract may be canceled by Phoenix Mobile Air, Inc. If the
customer fails to fulfill any term or condition of this or any other
order or other agreement, Phoenix Mobile Air, Inc may defer delivery
until compliance therewith is made, or at its option may cancel this
contract.
5. LIMITED WARRANTIES (A) PRODUCTS MANUFACTURED BY PHOENIX
MOBILE AIR, INC: In the event any product sold hereunder is
manufactured by Phoenix Mobile Air, Inc and is defective on account
of workmanship or material, Phoenix Mobile Air, Inc agrees for a
period of 90 days from shipment date, at its option, to replace or
repair the product. This agreement, however, is upon condition that
the Customer returns the product(s) and promptly notifies Phoenix
Mobile Air, Inc in writing of any claim in this respect, setting
forth in detail any such claimed defect and that Phoenix Mobile Air,
Inc may be afforded a reasonable opportunity to examine the product
and to investigate the claimed defect. Phoenix Mobile Air, Inc
shall be in no event, liable for damages beyond the price paid by
the Customer for such defective product and shall not be liable for
any incidental or consequential damages whatsoever. This warranty
does not obligate Phoenix Mobile Air, Inc to bear any charges for
transportation or third party services in connection with the
replacement or repair of defective products. (B) PRODUCTS
MANUFACTURED BY OTHERS: As to any product or item manufactured by
other persons or firms (whether sold separately hereunder or
incorporated into another product sold hereunder), Phoenix Mobile
Air, Inc agrees to present the Customer's claim with respect to
defects to the manufacturer for adjustment, and the Customer agrees
that Phoenix Mobile Air, Inc shall have no further liability or
responsibility. Each manufacturer whose products are resold by
Phoenix Mobile Air, Inc are sold under a limited warranty and NO
SUCH MANUFACTURER MAKES ANY WARRANTY OR GUARANTEE, EXPRESS OR
IMPLIED AS TO MERCHANTABILITY, FITNESS, DESIGN, PERFORMANCE,
CAPACITY OR EFFICIENCY OF ANY PRODUCT SOLD, AND PROVIDES THAT NO
CLAIM FOR LABOR, TRANSPORTATION, SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES WILL BE ALLOWED. (C) LIMITED WARRANTIES EXCLUSIVE, THE ABOVE
LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR
IMPLIED AND BY ACCEPTANCE HEREOF, THE CUSTOMER AGREES THAT THERE IS
NO EXPRESS OR IMPLIED WARRANTY BY PHOENIX MOBILE AIR, INC OR BY ANY
MANUFACTURER AS TO THE FITNESS FOR A PARTICULAR USE,
MERCHANTABILITY, CAPACITY, OR EFFICIENCY OF ANY PRODUCTS SOLD, AND
THERE ARE NO ORAL OR IMPLIED ADDITIONAL WARRANTIES MADE IN
CONNECTION WITH ANY SALE BASED HEREON, THERE IS NO WARRANTY BY THE
COMPANY OR BY ANY MANUFACTURER AS TO ANY PRODUCT DESIGNATED AS
SUBSTANDARD. No modification or addition to this agreement with
respect to warranty of Phoenix Mobile Air, Inc, either before or
after contract of sale, shall be made except on written authority of
the President or Vice President of Phoenix Mobile Air, Inc. (D)
AGREEMENT TO LIMIT WARRANTIES ON RESALE: By acceptance hereof, the
Customer covenants and agrees that in the event any products
purchased hereunder are resold, either in their original form or as
a component of another product or system, the LIMITED WARRANTIES
provision set forth above will be included in all sales documents by
which the Customer resells any of such products. In all such cases,
the sales documents by which a purchaser from a Customer purchases
or accepts delivery of the products sold hereunder will include such
LIMITED WARRANTIES and prior to any such sale or delivery an
authorized representative of the subsequent purchaser will be made
aware of the limitations on the warranty of Phoenix Mobile Air, Inc
or other manufacturer of the products and that the disclaimers of
Phoenix Mobile Air, Inc apply to the resale of such products. The
Customer agrees to indemnify and hold harmless Phoenix Mobile Air,
Inc from any loss, claim or damage, including attorney's fees and
expenses, resulting from a breach of the foregoing covenant. (E)
USED PRODUCTS: Used products and equipment delivered by Phoenix
Mobile Air, Inc or picked up by the Customer are sold without
warranties, express or implied, "as is, where is" unless there is a
clear agreement with the Customer in writing to the contrary. The
Customer agrees to inspect any and all such equipment before
purchase is completed and to accept the same without any warranty of
MERCHANTABILITY or fitness for a particular purpose.
6. MERCHANDISE RETURN: In the event Phoenix Mobile Air, Inc
agrees to accept returned merchandise for credit only, written
authorization must be obtained from the home office of Phoenix
Mobile Air, Inc, and must be returned in salable condition, and will
bear a 30% restocking charge.
7. CANCELLATION BY CUSTOMER: No merchandise may be returned for
credit or replacement except on written approval by Phoenix Mobile
Air, Inc. Orders placed with and accepted by Phoenix Mobile Air,
Inc may not be canceled except with Phoenix Mobile Air, Inc written
consent. ANY
SPECIAL ORDER
PARTS are Non Returnable OR Refundable!
8. PLACE OF PAYMENT AND APPLICABLE LAW: The Customer agrees to
pay all sums which may become due under this order or which the
Customer may otherwise owe to Phoenix Mobile Air, Inc at the
principal office of Phoenix Mobile Air, Inc in Carrollton, Dallas
County, Texas. This order shall be governed by and construed in
accordance with the laws of the State of Texas. In the event
proceedings of any nature must be instituted to enforce payment of
the amount due for any goods or services sold or delivered
hereunder, it is agreed that the Customer shall pay Phoenix Mobile
Air, Inc, in addition to the price noted, all attorney's fees and
reasonable costs incurred by Phoenix Mobile Air, Inc in effecting
collection of the amount due.
9. FORBEARANCE - NO WAIVER: No forbearance or failure of Phoenix
Mobile Air, Inc to enforce any of these conditions or to exercise
any right accruing from any default of the Customer shall affect or
impair Phoenix Mobile Air, Inc rights should such default continue,
nor in case of any subsequent default of customer, nor shall such
forbearance or failure be deemed a waiver of Phoenix Mobile Air, Inc
rights hereunder.
10. COMPLETE AGREEMENT: This agreement sets forth the complete
agreement and understanding of the parties hereto with respect to
the subject matter hereof and all prior understandings,
representations and warranties, written or oral, express or implied,
are merged herein and no subsequent agreement, understanding or
representation by either party shall vary the terms hereof unless
the same shall be in writing and signed by the duly authorized
representative of both parties. |
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