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Price
All price quoted are exclusive
of taxes and freight charges. Purchase shall furnish to Innova
Technology, Inc. An appropriate tax exemption certificate, if
applicable.
Term of Payment
All goods are payable COD
immediately upon receipt, unless otherwise arranged. A finance charge
of 1.5% per month, not to exceed the maximum allowable by law, shall be
applied each month to past due accounts. Handling charges of $25.00
will be assessed for each refunded check. In the event of Purchaser's
default on payment for products purchased hereunder, Purchaser shall be
responsible for all reasonable costs and expenses incurred by Innova
Technology, Inc. in collection of sums owed by Purchaser. Such
reasonable costs and expenses of Innova Technology, Inc. shall include,
but not be limited to, reasonable attorney's fees, plus any other costs
of such action. Innova Technology, Inc. shall not be obligated to make
any further deliveries to Purchaser.
Delivery
Shipment of all products shall
be FOB Innova Technology, Inc. In the event of carrier's damage, loss
or misdelivery of product, it shall be responsibility of the Purchaser
to deal with the carrier, in the absence of specific shipping
instruction. Innova Technology, Inc. will select the method and carrier
it deems best. Delivery schedules are approximate only. Delivery
schedules are approximate only. Innova Technology, Inc. will make every
reasonable effort to deliver on time, however, Innova Technology, Inc.
shall not be liable for late or lost shipment.
Title
Title and risk of loss or damage
to product shall pass to Purchase or Purchaser's Agent at FOB point.
The above notwithstanding, Purchaser agrees that Innova Technology, Inc
shall retain a purchase money security interest in all products sold to
Purchaser, and to all products now or hereafter acquired by Purchaser
("the collateral") and to any proceeds from the disposition
of said products until the purchase price and other charges due Innova
Technology, Inc. have been paid in full. Upon any default by Purchaser
hereunder, Innova Technology, Inc. shall have all rights and remedies
of a secured party under the Uniform Commercial Code, whose rights
shall be cumulative.
Changes and
Cancellations
All orders have been shipped or
delivered are not subject to change or cancellation by Purchasers
except with Innova Technology, Inc. written consent AND upon payment of
an appropriate charge to cover the cost or loss incurred by Innova
Technology, Inc. which unless otherwise agreed in writing, shall be not
less that fifteen percent (15%) of the price of the goods subject to
change or cancellation. (All special orders are NOT returnable.)
Limitation of
Liability
In no event shall Innova
Technology, Inc. be liable for any loss of use, revenue, or
anticipatory profit, or for any direct, indirect or consequential
damages arising out of or connected with the sale, use or operation of
goods sold.
Applicable Law
The rights and obligations of the
parties under this agreement shall be governed by the laws of the State
of Maryland.
Limited Warranty
Innova Technology, Inc. makes no
warranty of any kind, express or implied, except that Innova
Technology, Inc. will act as designated representative to implement the
manufacturer's warranty for the goods sold. If the product shall become
defective within the specified warranty period, Innova Technology, Inc.
shall evaluate the nature of the defect, and either elect to repair or
to replace the defective merchandise upon receipt of the defective
product. This limited warranty does NOT apply if :
- the product is damaged by accident, improper
installation, misuse, lightning, fire, water or other acts of
nature;
- the product is altered or repaired by anyone
other than Innova Technology, Inc., or manufacturer's authorized
warranty station, or
- the serial number is removed ortampered
with. Innova Technology, Inc. shall reserve the right to make
final judgment regarding the nature of the alleged defect. Innova
Technology, Inc. makes no warranty other than the one set forth
herein. Such warranty is in lieu of all other warranties,
expressed or implied, including but not limited to any expressed
or implied warranty of merchantability or fitness for a particular
purpose, and such constitures the only warranty made with respect
to the goods.
Return Authorization
Policy
Purchaser agrees herein to abide
by Innova Technology, Inc. return authorization policy stipulated as
follows: DEAD ON ARRIVAL (D.O.A.) POLICY: Policy extends for 30days
from the date of the invoice. Your timely testing is therefore
important. The "DOA" item will be replaced and shipped
freight pre-paid back to you. Please thoroughly test all products.
There will be a minimum $25.00 charge for items which Innova
Technology, Inc. determines to be "no trouble found." If
defective after 30 days we can assist in arranging for repairs."
Return for Repair
Prior to the return of any
defective merchandise, Purchaser must obtain a Return Authorization
Number, herein referred to as the RA number. From a representative of
Innova Technology, Inc. the following MUST be provided:
- Innova Technology, Inc.'s invoice number and
date;
- Product model and serial number;
- Detailed description of the apparent or alleged
defect.
Any merchandise received by Innova
Technology, Inc. without the RA number shown clearly, visible on the
outside of such packaging, shall be refused and returned to Purchaser
at the Purchaser's own risk and expense. The RA number must be on the
shipping label, do NOT write on the box. Returns must be shipped
freight prepaid in their original boxes and packing materials. Innova
Technology, Inc. WILL NOT cross-ship units.
Innova Technology, Inc. shall, upon
receipt of the defective merchandise, evaluate such defects and in
Innova Technology, Inc.'s own discretion, shall assess the proper
credit or extent of charges to be issued the Purchaser. If extra costs
are to be borne by Purchaser for repair, Innova Technology, Inc. shall
obtain Purchase's prior authorization, either verbally or in writing,
before repair work shall commence.
Exchanges/Credit
All products returned for credit
or exchange must be accompanied by the original sales receipt and must included
all packaging materials, catalogs, manuals and accessory items, and
must be in the original condition as sold. All requests must be made
within fifteen (15) days of the Innova Technology, Inc. invoice date. A
restocking or handling charge may be applied beyond the above period.
Innova Technology, Inc. reserves the right to test products prior to
giving credit, replacement or exchange. Any discrepancies must be
reported within 3 days of receipt of products.
Non Defective Return
If product that meets
manufacturer's specifications is returned for reasons such as
"general dissatisfaction with performance" or
incompatilbiligy with hardware/software, said product will be subject
to a fifteen percent (15%) restocking fee. All claims for shortage,
damage, or shipmenet errors must be made with 3 days of receipt of
merchandise.
POLICY AND
CONDITIONS SUBJECT TO CHANGE WITHOUT NOTICE.
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