User's Manual

JTECH UHF Desktop Transmitter Installation and Operation Guide 320115K Page 37
General Terms and Conditions
This offer is subject to the terms and conditions listed below which are binding upon the seller and the buyer
under this offer and are hereby incorporated by reference in any subsequent agreement for purchase duly
executed between JTECH Communications Inc. Inc. (Seller) and its buyer of goods proposed for sale herein:
1. Price. All prices are F.O.B. point of origin, unless otherwise agreed to in writing by the buyer and seller. Prices quoted
are those in effect at the time of quotation and are valid for 30 days from the date of quotation regardless of existence of
any written confirmation. Until the proposal price and subsequent purchase price are paid in full, the buyer grants seller a
security interest in all of the goods described in this proposal all of the goods described in any resulting contract and buyer
agrees to sign on seller's request any required documentation to complete seller's said security interest.
2. Payment Terms. Normal payment terms are C.O.D. unless otherwise set forth in this proposal. Any outstanding
balances not paid by the date on which they are due to JTECH Communications Inc. Inc. shall be subject to interest of 1
1/2% per month on the unpaid balance (or the maximum allowable by law whichever is the lesser) as well as rebilling
charges together with reasonable attorney's fees and paralegal fees including all such fees in any appeal together with all
costs associated with efforts by JTECH Communications Inc. to enforce the terms of this proposal as well as all
agreements between the parties. Any discounts offered will be calculated from the date of invoice to the date that
payment is received by JTECH Communications Inc. or JTECH Communications Inc.'s agents. Any discount is void if not
taken at time of payment of the invoice containing said discount within thirty (30) days of the date on which the goods for
which the discount is allowed, have been received by Buyer, its agents or employees.
3. Products. Products are defined as those items listed on this proposal and a subsequent resultant purchase order to
JTECH Communications Inc. containing items listed on this proposal.
4. Acceptance. Upon receipt the buyer shall immediately inspect and/or test the products. Unless stated otherwise in
writing on the final agreement between the parties, products shall be deemed accepted unless the buyer notifies JTECH
Communications Inc. within 5 working days after receipt of shipment of any defect or discrepancy.
5. Transportation. Unless the buyer specifies the method of transportation, JTECH Communications Inc. will use its best
judgment in determining the method of transportation. All costs of standard transportation, premium transportation if
required through no fault of JTECH, and other costs such as excise taxes, duty, freight forwarding or the like shall be
billed to the buyer.
6. Title and Risk of Loss. Title of goods sold, shall pass to buyer at the F.O.B. point.
7. Limited Warranty for material and workmanship. JTECH (Seller) warrants to the buyer that products purchased
from JTECH shall be free from defects in material and workmanship under normal use and service. JTECH's obligation
under this warranty shall be limited to the repair or exchange of any part or parts which may thus prove defective under
normal use and service within one (1) year from date of purchase by the original purchaser, and which our examination
shall disclose to our satisfaction to be thus defective. THIS PROPOSAL AND SUBSEQUENT SALE ARE MADE ON THE
EXPRESS UNDERSTANDING THAT THERE IS NO IMPLIED WARRANTY THAT THE GOODS SHALL BE
MERCHANTABLE OR AN IMPLIED WARRANTY THAT THE GOODS SHALL BE FIT FOR ANY PARTICULAR
PURPOSE. THE BUYER ACKNOWLEDGES THAT BUYER IS NOT RELYING ON THE SELLER'S SKILL OR
JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE AND THAT THERE
ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE PREVIOUSLY SET FORTH HEREIN. PURCHASER IS
DIRECTED NOT TO RELY ON JTECH'S PRODUCTS TO FUNCTION AS AN INTEGRAL PART OF ITS LIFE
CARE/LIFE SUPPORT PROCEDURES OR SYSTEMS. JTECH'S PRODUCTS ARE NOT DESIGNED FOR SUCH USE;
PARTICULARLY WHEN AN ALLEGATION MAY BE MADE THAT PRODUCT MALFUNCTION CONTRIBUTED TO THE
FAILURE TO ADMINISTER A PROPER TREATMENT, PROCEDURE, ACTION, OR MEDICATION. BUYER AGREES
TO FULLY PROTECT, DEFEND AND HOLD SELLER HARMLESS FROM CLAIMS OR DAMAGES RESULTING FROM
THE USE OF JTECH'S PRODUCTS IN LIFE CARE/LIFE SUPPORT PROCEDURES. Any claim by the buyer for the
repair or exchange of goods proposed and of goods actually sold to buyer shall be deemed waived by the buyer unless
submitted in writing to JTECH within the earlier of (a) 30 (thirty) days from the date the buyer discovered or by reasonable
inspection should have discovered any claimed breach of the foregoing warranty.
8. Damages Based Upon Negligence or Strict Liability. JTECH's obligation based upon any claim of negligence or of
strict liability as a result of its delivery of products ordered by Buyer, shall be limited to, at JTECH's option, repairing or
replacing the products that are found by JTECH to be defective, or refunding the purchase price of such products. In no
event shall JTECH's liability exceed the purchase price of the products which are subject matter of any such claim.
JTECH shall not be obligated to make any such refund or replacement until at least thirty (30) days after JTECH has
received from Buyer the subject alleged defective product, which will be shipped to JTECH at the buyer's expense.