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Ditco Terms and Conditions of Sale

PAYMENTS

Terms of payment are net thirty (30) days from invoice date. All payments will be in US Funds. All invoices include a standard discount of 2% when the invoice is paid in full and the payment is received by Ditco Inc. within ten (10) days from the date of invoice. All payments will include any taxes, freight, handling, duty or other similar charges, payment of which will be the sole responsibility of the Customer. Ditco Inc. reserves the right to modify terms prior to shipment, require payment in advance, or delay or cancel any shipment or order by reason of a Customer's creditworthiness or should Customer fail to fulfill any obligation when due. Ditco Inc. will charge 1% interest per month on all unpaid balances over thirty (30) days from invoice date. All interest is calculated from the date of invoice.

SHIPMENTS

All freight charges are FOB Kent, WA. 98032. Unless otherwise specified by the Customer all freight will be sent using United Parcel Service (UPS) ground service. Freight, handling and shipping insurance is prepaid and added to the invoice, and is the responsibility of the Customer. All modifications to the order confirmation regarding ship-to addresses and shipping method must be in writing with Ditco Inc. prior to shipping.

ORDERS

Customers are required to issue a Purchase Order to Ditco Inc. to initiate an order for products or services. Purchase Orders will identify the products, unit quantities, part numbers, applicable prices and requested delivery dates. Orders are subject to Ditco Inc.'s acceptance and to these Terms and Conditions. Upon receipt of a Purchase Order, Ditco Inc. will fax the Customer an Order Confirmation including all order information, pricing, terms and conditions and scheduled ship dates. The Customer has two (2) working days from the date of receipt of the Order Confirmation to contact the sales department at Ditco Inc. to discuss any problems and possible options. If no response is received within two (2) working days the order is considered firm as confirmed. Verbal orders will be accepted on standard products only and the Customer must sign and return the Order Confirmation by fax or mail. Once a signed copy is received by Ditco Inc. the order will be considered firm.

CREDIT

All Customers are required to fill out a credit application before receiving a determination of credit limit for their account. Customers in good standing of creditworthiness shall receive a standard net (30) days credit for the payment of all invoices. Except in cases where Ditco Inc. is providing design and development services; payment for these services is based on a progress schedule and is due and payable upon receipt of the invoice, no discounts apply. Any Customer that fails to pay within the terms specified may loose the net (30) day credit determination and their account will be changed to COD.

PRICES

If the Customer does not purchase the quantity upon which quantity prices are based, the Customer will pay the non- discounted price for the quantity actually purchased.

CANCELLATION

No order for custom products may be cancelled, rescheduled or reconfigured without Ditco Inc.'s prior written authorization. In such event, the Customer will be liable to Ditco Inc. for any additional costs and expenses incurred by Ditco Inc.. Cancellation of an order for standard products shall be subject to a restocking charge.

REIMBURSEMENTS FOR PRODUCT RETURNS

Our sales department must approve all returns for credit on standard products. On returns to Ditco Inc.'s facility no credit will be allowed for items damaged in transit. All returned items must be in the original package and must not have ever been installed or used. Ditco Inc. reserves the right to inspect and test all returned items to determine the proper functionality prior to issuing any credit. If the products have been installed or used Ditco Inc. will not be responsible for the cost of the product or any other costs.

PRODUCT REPAIRS

Returns for product repairs must be accompanied by a Return Authorization Form (RAF), which can be obtained from our service department. The RAF must be completed in its entirety. No repairs will be made if the form is not complete. Please refer to the Return Authorization Form for a list of standard repair costs, labor rates, handling fees, shipping procedures and other issues that may be relevant to a specific repaired item.

CLAIMS

All claims for shortage, damage or shipment errors must be made within five (5) working days of receipt of shipment. Seller's liability will be limited to the invoiced value of the material or to its replacement.

INSPECTION AND ACCEPTANCE OF PRODUCTS

Product inspection, testing of functionality and acceptance of final products shall be at the Customer's facility and shall be Customer's responsibility. These tests shall be completed promptly and in no event later than fifteen (15) days after delivery, at which time Customers must either accept or reject goods in accordance with the terms negotiated with Ditco Inc. at the time of the original purchase order.

WARRANTY

Ditco Inc. warrants those products that the Company has designed and assembled against hardware component defects and improper assembly. The warranty period shall be for twelve (12) months after the date of invoice. Ditco Inc. reserves the right of discretion to approve or disapprove all warranty. Customer's remedy, if any, under warranty is limited, at Ditco's election, to: (a) refund of Customer's purchase price, (b) repair by Ditco Inc. of any products found to be defective, or (c) replacement of any such product.

PROTOTYPES

Product development and customization of either hardware or software can generate evaluation units delivered to the Customer for the sole purpose of evaluation, testing and approval. Ditco Inc. offers no warranties for prototype devices. By this agreement Ditco Inc. prohibits resale of any prototype device. Further Ditco Inc. prohibits the use of any prototype device other than at the Customer's on-site testing facility.

INSTALLATION

Customer shall be solely responsible for the installation and successful operation of the products purchased.

DISPUTES

All disputes, under contract concerning the goods not otherwise resolved between Customer and Ditco Inc. shall be resolved through arbitration or in a court of competent jurisdiction at the location of Ditco Inc.'s place of business which is King County, Washington State. Customer consents and agrees that jurisdiction and venue for such proceedings shall lie exclusively within King County, Washington State. In any action to collect the amount due on the invoice the prevailing party shall recover attorney's fees and arbitration fees.

GOVERNING LAW. THIS AGREEMENT AND PERFORMANCE BY THE PARTIES HEREUNDER SHALL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WASHINGTON.

 
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