-
APPLICABLE TERMS. This Agreement governs the sale of equipment, components, parts, and materials provided by Techdealio.com ("Products"). Any applicable addenda, terms, Techdelio proposal, price quote, purchase order, or acknowledgement issued by Techdealio form the parties' final agreement ("Agreement"). In the even of a conflict between offer or acceptance is conditioned on Buyers' acceptance of this Agreement. Any additional or conflicting terms does not operate as a waiver of any terms contained in this Agreement.
- PRICING & PAYMENT. Prices and payment terms are: (i) as stated on techdealio.com, or if none are stated; (ii) Techdealio's standard prices in effect when Techdealio receives Buyer's online order, purchase order; or if neither (i) or (ii) apply, then Techdealio standard prices in effect when the Products ship.
- (a) Payment. Unless stated in proposal form, all payments are due at the time of purchase.
- (b) Credit Approval. All orders are subject to credit approval by Techdealio. Techdealio may modify, suspend or withdraw the credit amount or payment terms at any time. If there is doubt as to Buyer's financial condition, Techdealio may withhold manufacturing or shipment, require cash payments, or require other satisfactory security. Techdealio may recover shipped Products from the carrier pending such assurances.
- (c) Installment Shipment. Where Products are delivered in shipments or only part of a shipment fails to comply with this Agreement, the Buyer may only reject the con-compliant portion. Buyer will separately pay for each shipment. If Techdealio holds or stores Products for the Buyer, it shall do so at Buyer's sole risk and expense.
- (d) Taxes, Shipping, Packing, Handling. Unless stated in writing by Techdealio, Techdealio's prices exclude charges for freight, unloading, storage, insurance, taxes, tariffs charged on the importation of goods into the United States, excises, fees, duties or government charges related to the Products. Buyer will pay these amounts or reimburse Techdealio. If Buyer claims a tax or other exemption or direct payment permit, Buyer will provide a valid exemption certificate or permit and indemnify, defend and hold Techdealio harmless from any taxes, costs, and penalties arising from same.
- (e) Late Payments. If Buyer is granted credit and net terms, late payments shall bear interest at an annual rate of twelve percent (12%) or the high rate allowed by law, whichever is lower.
- (f) Disputed Invoice. If Buyer is granted and net terms and disputes or any portion of an invoice, the Buyer must first deliver written notice to Techdealio of the disputed amount and the basis for the dispute within twenty-one (21) days of receiving the invoice. Failure of Buyer to timely notify Techdealio of any dispute constitutes a waiver of Buyer's claim. If a Buyer only disputes a portion of the invoice, Buyer must pay the undisputed portion in accordance with Article 2(a). Upon resolution of the dispute, Buyer must pay the invoice or the remainder of the invoice, plus any accrued interest on the late payment.
- (g) Suspension/Termination Right. Techdealio may suspend work if an undisputed invoice is more than thirty (30) days past due. Techdealio may terminate this Agreement if an undisputed invoice is more that sixty (60) days past due. Unless prohibited by law, Techdealio may also terminate this Agreement immediately in the event of a material adverse change in Buyer's financial condition including, but not limited to bankruptcy, insolvency, liquidation or similar financial situation.