Terms and conditions applicable to orders and sales contracts (unless otherwise specified in writing) by Phoenix Mobile Air, Inc.
Unless otherwise designated, 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 ex-works Carrollton, Texas, USA unless otherwise designated. 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.
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, 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.
This sale, unless for cash in advance, 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 1 year 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.