Market Tech Terms and Conditions

Market Tech Inc Terms and Conditions of Sale

These Terms and Conditions of Sale (“Terms”) shall govern all orders for and purchases of products and services from MARKET TECH, Inc, a California Corporation, unless other terms are specifically designated by MARKET TECH to apply to a specific product or service.

PRICE The price for any product or service (hereinafter “Product”) shall be the price stated in MARKET TECH’s Quotation for Product (“MARKET TECH’s Quotation”). MARKET TECH’s Quotations are valid for 30 days unless otherwise stated in MARKET TECH’s Quotation. If the price is stated by reference to a published price list, then the price shall be the published price in effect at the time MARKET TECH receives buyer’s purchase order. Prices stated are exclusive of all taxes, fees, licenses, duties or levies (“Taxes”) and, unless otherwise stated in MARKET TECH’s Quotation, transportation charges, freight and insurance. All Taxes related to Product shall be paid by buyer (other than taxes assessed against MARKET TECH’s net income), or in lieu thereof, buyer shall provide a tax exemption certificate acceptable to the relevant taxing authorities which must be received before invoicing occurs. Taxes and other charges payable by buyer may be billed as separate items on MARKET TECH’s invoice. MARKET TECH is not responsible for applying any tax rebates, partial credits or other tax exemptions after invoicing has occurred.

PAYMENT TERMS; COLLECTION COSTS; SECURITY TERMS Payment terms are net 30 days from date of MARKET TECH’s invoice to buyer. If MARKET TECH deems a customer to have become un-creditworthy, MARKET TECH reserves the right to require alternative payment terms, including without limitation sight draft, letter of credit, or payment in advance. Payment for partial shipments shall be based on unit or prorated prices. If payment is not received by the due date, MARKET TECH may assess and buyer agrees to pay a late payment charge at the rate of 1% per month (12% per year) or the maximum legal rate, whichever is less, of the amount due from the due date to the date of payment. If MARKET TECH retains a collection agency and/or attorney to collect unpaid amounts, MARKET TECH may invoice buyer for, and buyer will pay, all costs of collection, including without limitation reasonable attorneys fees.

CREDIT TERMS MARKET TECH may, at any time and in its sole discretion, limit or cancel the credit of buyer as to time and amount, suspend shipments, demand payment in cash before delivery of Product, and demand assurances of buyer’s performance. If within 30 days buyer fails to agree and comply with the different terms of payment demanded, or fails to give adequate assurances of performance, MARKET TECH may, without prejudice to any other right or remedy MARKET TECH may have: (1) by notice to buyer, treat such failure or refusal as a repudiation by buyer of that portion of buyer’s order not then fully performed, whereupon MARKET TECH may cancel all further deliveries, and any amounts unpaid for non-cancelled Product shall immediately become due and payable.

DELIVERY; TITLE AND RISK OF LOSS MARKET TECH will use reasonable efforts to ship Product within a reasonable time after ordered, or, if a shipment date is indicated in MARKET TECH’s Quotation or otherwise agreed upon in writing by an authorized representative of MARKET TECH, on or before such date. MARKET TECH may make delivery in installments, and each installment shall be deemed to be a separate sale. MARKET TECH may render a separate invoice for each installment, which invoice shall be paid without regard to prior or subsequent installments. Unless indicated otherwise in MARKET TECH’s Quotation, title and risk of loss with respect to all Products except Software, and risk of loss with respect to Software, shall pass from MARKET TECH to buyer upon delivery. Delivery shall be deemed made upon transfer of possession to a common or other third party carrier at MARKET TECH’s facility.

CANCELLATION AND DEFERRAL A PURCHASE ORDER IS NOT SUBJECT TO CANCELLATION BY BUYER. However, unless otherwise stated in MARKET TECH’s quotation, buyer may defer the shipment date one time for up to 30 days by giving written notice to MARKET TECH at least 30 days before the scheduled shipment.

REJECTION Any claims for damaged, missing or defective Product must be reported in writing by buyer within 15 days from the date of receipt of Product. In addition, buyer must promptly return a rejected Product to MARKET TECH, accompanied by a valid return authorization number obtained from MARKET TECH. MARKET TECH may refuse any Product not timely rejected or sought to be returned without a valid return authorization number.

LIMITED WARRANTY MARKET TECH makes only those warranties with respect to Product expressly identified as “warranties” and set forth by manufacturer’s current operating manual or catalog, or in a specific written warranty included with and covering Product, if any. ANY PRODUCT NOT COVERED BY A WRITTEN WARRANTY IS SOLD “AS IS.” If buyer furnishes specifications to MARKET TECH, buyer agrees to defend, indemnify and hold MARKET TECH harmless against any claim that arises out of MARKET TECH’s compliance with such specifications. Any description of Product recited in MARKET TECH’s Quotation is for the sole purpose of identifying Product, and any such description is not part of any contract between MARKET TECH and buyer and does not constitute a warranty that Product shall conform to that description.

CHOICE OF LAW Any contract between MARKET TECH and buyer relating to Product, including these Terms, and any disputes relating thereto, shall be governed by and construed in accordance with the laws of the State of California, U.S.A, excluding both its choice of law provisions and the UN Convention on Contracts for the International Sale of Goods.

EXPORT CONTROLS. Customer agrees that it will not export or transfer Product for re-export in violation of any United States laws or regulations, or to any denied or prohibited person, entity, or embargoed country in violation of such laws or regulations.

MISCELLANEOUS No amendment of MARKET TECH’s Quotation or these Terms or modification thereof shall be binding unless in writing and signed by a duly authorized representative of both MARKET TECH and buyer.