1. ACCEPTANCE. All orders are subject to final acceptance by GeoNetworking and may not be altered in its behalf except in writing by an authorized Geo Networking employee. Geo Networking’s acceptance of all orders is contingent upon approval of the purchaser’s credit.
2. PRICES. Prices for future orders are subject to change without notice. Geo Networking reserves the right to correct clerical errors. All prices are FOB the applicable Geo Networking office.
3. TAXES. The amount of any present or future sales, use or similar taxes and import or export tariffs applicable to this transaction shall be payable by the purchaser when and as incurred.
4. TERMS OF PAYMENT. Payment Terms are stated on the customer invoice, and if not indicated, customer terms are 30 days from date of receipt of equipment. Cash discount terms, if applicable, are indicated on the face of our acknowledgment and invoice. Net cash will be due and payable upon delivery. Foreign orders require a sight draft or letter of credit in lieu of normal terms. If total payment is not made on or before the specified due date, the purchaser agrees to pay service charges at the rate of 1.5% per month per unpaid balance and to pay all collection charges incurred by Geo Networking including reasonable attorney’s fees.
5. CANCELLATION. Cancellation of all or part of an order through no fault of Geo Networking, shall not be binding on Geo Networking unless notice of cancellation is received by Geo Networking at least 30 days before the scheduled delivery date on the face of acknowledgement. If cancellation is agreed by Geo Networking, the customer may be subject to a charge for any special work performed. Cancellation by failure of Geo Networking to deliver as promised can be made only if Geo Networking cannot deliver the items within 30 days from notice of intent to cancel.
6. RETURNS. Prior to return, all customer returns must be approved by an authorized Geo Networking employee. Returns shall be shipped prepaid by the purchaser. Geo Networking shall not be responsible for damage in shipment. Purchaser must enclose a packing slip or note containing his name, address, phone number and description of the problem with any returns. Warranty repairs will be returned to purchaser via surface transportation, unless purchaser specifically authorizes return by air shipment and agrees to pay the cost. All returns are subject to a minimum 10% restocking charge and no returns, except for items needing service will be accepted without prior authorization not beyond 30 days from the receipt.
7. CLAIMS. Any claims for shortages, damages, or delays shall be made by purchaser direct to the carrier. Geo Networking shall supply additional copies of invoices and transportation receipts and other information necessary for the filings of any claim against the carrier by purchaser.
8. TITLE AND SECURITY INTEREST. Geo Networking retains title to the goods until buyer performs all his obligations under this contract. Geo Networking retains a security interest in the goods, including all accessions to and replacements of them, to secure performance of all buyers’ obligations arising under this agreement.
9. DELIVERY. Delivery and Acceptance of Delivery occurs when the product shipped from a Geo Networking office or delivered to the customer by an authorized Geo Networking employee. Geo Networking will maintain delivery schedules as closely as possible, but all advance shipping dates are best estimates only, and Geo Networking assumes no liability for loss or consequential damages for delay.
10. WARRANTY. The warranty on items sold by Geo Networking is as specified by the manufacturers of those items. Geo Networking’s liability during the warranty period is limited to servicing or adjusting any product returned to the factory for that purpose, and to replacement of any defective parts whether the unit is returned or not. The foregoing states the entire liability of Geo Networking to the Purchaser in connection with its products. Geo Networking shall not be held responsible for consequential damages of any kind, and the foregoing in lieu of all other warranties expressed or implied. This warranty shall be in effective only in the event the purchaser complies fully and promptly in making all payments required under Geo Networking terms of payment. This warranty is applicable only to the original Purchaser on sales made directly by Geo Networking or by an authorized dealer or distributor.