Statement
of Sales Order Terms and Conditions
SCOPE:
The terms and conditions below shall control for all purchases
of Zap-It Corp. products and related services ("Products")
listed in the enclosed Zap-It Corp. invoice, which is incorporated
by reference.
SHIPPING
CHARGES AND TAXES: All Zap-It Corp. prices are F.O.B. Salisbury,
New Hampshire or Zap-It Corp.’s warehouse. The customer
is responsible for all fees related to the shipping of product
to and from the Zap-It Corp. Where applicable, costs of shipping
and insurance shall be paid and borne by customer. Customer agrees
to pay all federal, state or local taxes, excise taxes, tariffs
or duties taxes or to reimburse Zap-It Corp. for such taxes, which
Zap-It Corp. may be required to pay.
PAYMENT
TERMS: All Product orders are shipped to CUSTOMER in accordance
with the terms specified in the Zap-It Corp. Quotation or Invoice.
All amounts paid to Zap-It Corp. shall be in U.S. dollars. Any
invoiced amount not received within thirty (30) days of the date
of invoice shall be subject to a service charge of one and one
half percent (1.5%) per month (18% A.P.R.). CUSTOMER shall pay
all of Zap-It Corp.’s costs and expenses (including attorneys'
fees) to enforce and preserve Zap-It Corp.’s right. All
orders from overseas customers must be prepaid in full by Visa,
Master Card or Bank Check drawn on a US Banking Instituion.
PURCHASE
ORDERS: Purchase Orders are accepted for purchases made by Distributors, OEMs and for custom items ONLY. CUSTOMER agrees that in no event and under no circumstances
shall terms set forth in purchase orders take precedence over
the terms and conditions of this Statement, the terms of which
may be modified only by the mutual written consent of both Parties.
All orders must be accompanied by written authorization in order
to process request. Please fax, mail or email the signed Purchase
Order with the following information: Company name, billing and
shipping address, Purchase Order Number, quantity, item numbers,
total dollar amount and preferred shipping method.
RETURNS
AND REFUNDS: A twenty-five percent
(25%) Restocking Fee will be charged for all standard Product
items returned within thirty (30) days of date of invoice. No
product may be returned after thirty (30) days from date of invoice,
except in cases of manufacturer's defect. Custom ordered products
are not returnable. Any item being returned to Zap-It Corp. for
any reason must be clearly marked with a Return Material Authorization
(RMA) number issued by Zap-It Corp. RETURNS WILL NOT BE ACCEPTED
WITHOUT THIS NUMBER. The customer is responsible for all fees
related to the shipping of product to and from the Zap-It Corporation.
This applies to Return Material Authorization (RMA), all product
rework requests and all product exchanges. The Zap-It Corporation
is not responsible for any customs related fees including, but
not limited to tariffs, duties, taxes, processing fees, import/export
fees, insurance or other related shipping costs.
CANCELED
ORDERS: A fifty percent (50%) cancellation fee will be charged
for any order of Custom items canceled at any time after the order
is placed with Zap-It Corp. A twenty-five percent (25%) restocking
fee will be charged for all other canceled orders.
LIMITED
WARRANTY AND LIMITATION OF LIABILITY: Products supplied to CUSTOMER
are provided "as is" except as may be modified by specific
warranties applicable to each specific Product item. THE WARRANTY
MADE BY THE MANUFACTURERS ARE THE ONLY WARRANTIES APPLICABLE TO
THE PRODUCTS, AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED
OR IMPLIED, INCLUDING BY NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE AMOUNTS
PAID TO Zap-It Corp. DO NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION
OF RISK BY Zap-It Corp., AND Zap-It Corp. DISCLAIMS ANY AND ALL
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF THE USE OR OPERATION OR INABILITY TO USE THE PRODUCTS, OR ARISING
FROM THE NEGLIGENCE OF Zap-It Corp., EVEN IF ANY OF THE PARTIES
HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. FURTHERMORE,
CUSTOMER INDEMNIFIES AND AGREES TO HOLD Zap-It Corp. HARMLESS
FROM SUCH CLAIMS. THIS WARRANTY GIVES CUSTOMER SPECIFIED LEGAL
RIGHTS, AND CUSTOMER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM
JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF WARRANTIES, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY OR MAY NOT APPLY.