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Terms
and
Conditions
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1.
Buyer agrees to pay upon demand
all reasonable collection costs
and attorney’s fees incurred
in the collection of this
account, or in the enforcement or
interpretation of any term of
this Sales Order.
2. Buyer agrees to pay interest
at the rate of 1.5 percent per
month or 18% per annum, to the
previous month’s balance
before deducting current payments
or credits, upon all delinquent
accounts, or the highest rate
permitted by law.
3. Returned items, if permitted
herein, must be shipped at
buyer’s expense and risk,
and such returned items must be
in their original undamaged
shipping container, accompanied
by a packing list and invoice. In
no event shall any items be
returned after 30 (thirty) days
of delivery to buyer.
4. Parts are intended to meet the
form, fit and function of the
manufacturer’s
specifications; however buyer
agrees that its sole remedy if
the parts do not meet such
specifications are to either
return the goods within 30 days
of delivery or assert a claim
against the manufacturer.
5. Seller makes no warranty;
express or implied.
6. Title to the goods shall not
pass to the buyer and title shall
remain with seller until the
purchase price and all other
amounts due by buyer are paid in
full.
7. The execution, interpretation,
and performance of this Sales
Order and any claims arising out
of this Agreement shall be
governed by and construed in
accordance with the laws of the
State of California without
regard to the conflict of law
provision thereof. Buyer hereby
consents to the jurisdiction of
any state or federal court
located with San Diego, County,
waives personal service of
process, and assents that service
of process may be made registered
mail to the address specified on
the front page of this Sales
Order.
8. No Returns will be accepted
without prior authorization
(RMA). We reserve the option to
accept non-defective returns.
Such returns will be subject to
15% restocking fee.
9. All claims for shortage,
damage or shipment errors must be
made within 7 days after receipt
of shipment. Our liability shall
be limited to the invoice value
of the materials or its
replacement.
10. We reserve the option to
require that defective product
returns be accompanied by a test
report from an independent
laboratory.
11. On returns to our facility,
no credit will be allowed for
items damaged in transit or
shipped to us in error.
12. $15.00 FEE MINIMUM WILL BE
CHARGED ON RETURNED CHECKS.
13. EXCEPT AS PROVIDED HEREIN,
THERE ARE NO EXPRESS OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
THE GOODS ARE SOLD
“AS-IS”! UNDER NO
CIRCUMSTANCE WILL UNITED PACIFIC
ELECTRONICS, INC. BE LIABLE IN
ANY WAY TO ANY PURCHASER FOR ANY
DAMAGES, INCLUDING BUT NOT
LIMITED TO LOST REVENUE, LOST
WAGES, OR ANY OTHE INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT
OF THE OR INABILITY USE THIS
PRODUCT. United Pacific
Electronics, Inc. reserves the
right to make modifications in
both hardware and software
without prior notification.
The Terms and Conditions on the
front and reverse of the Sales
Order cannot be altered unless
agreed to, in writing, by an
authorized agent of United
Pacific Electronics, Inc. (the
Seller). Acceptance is expressly
tied to the Terms and Conditions
contained in this Sales Order,
and in no event shall any of the
Terms and Conditions contained in
the Buyer's Acceptance, whether
by acknowledgment or otherwise,
become part of this Sales Order.
By acceptance of this Sales
Order, Buyer hereby accepts all
of the Sales Order Terms and
Conditions. ORDER IS
NON-CANCELABLE AND
NON-RETURNABLE.
If you have any questions or
comments, feel free to call
United Pacific Electronics, Inc.
service staff at (760)
438-2370.
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