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Terms and conditions apply
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These Standard Terms and Conditions apply to all quotations made by SLK Technology Co., Ltd. (hereinafter referred to as the "Seller") and all contracts (hereinafter referred to as the "Contracts") between the Seller and any person, company or entity (hereinafter referred to as the "Buyer") who purchases products, materials, parts and services (hereinafter referred to as the "Products") from the Seller. These standard terms and conditions apply to any quotation provided by Seller or any order placed by Buyer and are fully accepted by Seller. These Standard Terms and Conditions constitute the entire agreement between Seller and Buyer regarding the sale and delivery of Products and the performance of any work performed by Seller, and no changes or waivers or additions to these Standard Terms and Conditions may be made. Binding unless expressly confirmed by the Seller in writing. These Standard Terms and Conditions shall prevail over and supersede any conditions appearing on Buyer's Purchase Order Document or other document issued by Buyer, and any such Buyer's Conditions shall be null and void unless expressly accepted by Seller in writing. No person is authorized to make any representations on behalf of Seller, and Buyer shall not rely on any representations except as indicated or confirmed by Seller in writing.:
variation:
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Purchaser may make changes in writing at any time within the general scope of this Order, including drawings, designs, specifications, location of shipping or packaging, or delivery instructions. If any such change results in an increase or decrease in the cost or execution time of any such purchase order affected by such change, the price shall be adjusted equitably, a delivery schedule shall be established, or both, and such order shall be modified accordingly.
Warranty:
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(a) If any product on this quotation is an accessory to an electrical component, its component, or electrical connector, the following warranty provisions set forth in this subparagraph (a) shall apply to that process. Shenzhen Speedlink Technology Co., Ltd. guarantees that each new product sold by Speedlink does not have defects in materials and workmanship under normal use and service. Speedlink's obligations and liabilities under this warranty are limited to repairing or replacing any such product that proves to be defective within ninety (90) days of delivery to the first end user at Speedlink's option at its factory, and that has been inspected by Speedlink to be defective in materials and workmanship.
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Speedlink shall not be liable for obvious defects found as a result of inspection due to tampering, misuse, neglect, improper storage, normal wear and tear, and disassembly of all products except authorized Speedlink representatives. Further, unless the date of delivery to the first end user is within six (6) months from the date of delivery to the original purchaser (if different from the first end user), Speedlink shall have no obligation or liability with respect to this warranty, and further provides that written notice of any defect shall be notified to Speedlink within thirty (30) days from the date the defect was first discovered.
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Products with warranty considerations shall be refunded to the shipping container along with all speed-connected shipping costs pre-packed in the shipping container that are sufficient to prevent loss or damage in transit. Products repaired or replaced within the scope of this warranty are part of the original warranty that has not expired.
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(b) Except for the liability set forth in any express warranty applicable to products sold to Buyer, Seller shall not be liable for any damages, incidental or other types caused thereby, and expressly excludes and disclaims such damages arising out of or resulting from use, operation. Any malfunction, malfunction, malfunction or defect of any product sold to Buyer in any order pursuant to this quotation shall be understood as the product sold to Buyer is not a consumer product.
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(c) Speedlink shall not be liable for product failure caused in whole or in part by the use of components other than those produced by Speedlink, whether within the terms of this warranty or otherwise
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(d) The applicable warranty or terms, as the case may be, are the sole and exclusive warranty terms, which shall prevail in accordance with this quotation and such terms, and in lieu of all other warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose, are hereby expressly excluded.
freight:
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Shipment will usually be completed after delivery at the seller's factory. Nevertheless, if the Seller prepaid for shipping, the Buyer will be obliged to reimburse the Seller upon receipt of the advance payment in the invoice. Any special or unusual packaging required will be included in the unit price of the item to be delivered or as a separate line item.
delivery
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Delivery will be completed within the time specified on the quotation or if the time is not specified within the normal lead time required by Seller to deliver the product in question. Notwithstanding anything to the contrary, Seller shall not be liable for any reasonable delay in the Products or delivery. If a delay in production or delivery occurs within a reasonable time, a fire, strike, civil or military authority, commodity, hostility, riot, governmental action, energy crisis, failure to perform obligations by Seller's suppliers would result in a delay in the timely delivery of materials or components, or if such delay occurs for other reasons beyond Seller's control or without fault or negligence, the delivery date of the Equipment shall be extended equal to the cause of any such delay.
Payment method
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All products and services will be invoiced at the time of shipment according to the following schedule:
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·(a) Unless otherwise stated herein, the payment terms are 30 days from the date the Products are shipped or the services are provided. If there is a discount, the payment must be within the specified time frame to receive the discount.
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·(b) a late fee of 2% per month or the maximum contract rate permitted by law, whichever is lower, which may be assessed based on all unpaid or overdue invoices and all applicable inventory carrying and storage charges.
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·(c) Seller shall pay Seller pro rata for the Goods. If the buyer delays shipment, payment shall be made from the date the seller prepares the shipment.
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·(d) In the event of late payment by Buyer, Seller reserves the right to cancel any order and to delay or delay delivery of the Goods until the invoice is in full and subject to an appropriate late fee. If Seller deems appropriate to refer Buyer's overdue account to an external recipient, Buyer shall pay Seller all collection costs, including, but not limited to, reasonable attorneys' fees. The Seller further reserves the right to deliver future goods by cash on delivery. or the basis for early cash repayment, even if the arrears have been corrected.
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·(e) Seller reserves the right to combine any of the foregoing rights and remedies to the extent permitted by law. Nothing herein waives any other rights and remedies of Seller set forth in any order permitted by law or arising out of this Quotation, and all rights and remedies set forth herein shall be deemed cumulative in addition to all other rights and remedies available.
examine
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Purchaser shall inspect and accept any Products delivered pursuant to this offer immediately after taking custody of such Products. If the Products do not conform to the drawings, design and/or specifications, Buyer shall notify Seller in writing of such non-conformity and give Seller a reasonable opportunity to correct such non-conformity. If Seller does not receive written notice by Seller that Products delivered under this Agreement do not conform to drawings, designs and/or specifications within the following date, Buyer shall be deemed to have accepted any Products delivered under this Agreement and shall waive any such non-conformity. Fifteen days after the purchaser keeps the products delivered under this agreement.
Go belly up
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In the event of Buyer's business interruption, bankruptcy, bankruptcy, reorganization, arrangement of liquidation proceedings involving or affecting bankruptcy proceedings, Seller may cancel all or part of the order arising from the quotation. Any assignment made by the buyer, or any assignment in which the buyer places itself or may place itself, for the benefit of the creditors of the buyer or creditors. Such write-off shall be deemed to be a write-off against the buyer's default.
Patent, Trademark and Copyright Indemnity:
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Seller shall indemnify Seller against any and all damages and costs ultimately awarded for infringement of any U.S. patent, trademark or copyright arising out of the sale of any Products sold to Buyer under this Agreement, of which Seller is the infringer of the sale hereunder, and if Seller does not assume any liability for defense, reasonable costs incurred by Buyer in defending such kits, provided that Seller shall be promptly notified of any such kits, except for actions against the U.S. Government, Buyer shall provide Seller with full control over such suites when Seller's Products relate only to such suites, and the defenses of products other than Seller's Products also involve therein; Unless this indemnity does not cover infringement resulting from Seller's compliance with Buyer's designs, processes or formulas. Seller's liability for damages hereunder is limited to liability calculated solely on the basis of the value of any products sold to Buyer. Under no circumstances shall the Seller be liable for any damages or costs arising therefrom. If Buyer has agreed to indemnify them for infringement, and to the extent that Seller has agreed, Seller shall also indemnify Buyer's customers and agents, but not to the extent that Seller indemnifies Buyer under the same conditions set forth herein. The foregoing is in lieu of any other express or implied damages or warranties with respect to patents, trademarks or copyrights.
Special tools
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Title to molds, tools, jigs, fixtures, patterns or any other type of special tools shall remain with Seller, whether or not products manufactured pursuant to this Agreement are paid to or amortized to Buyer
Taxes
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Unless otherwise expressly specified on the first page of this quote, the prices quoted herein do not include sums necessary to pay any taxes or duties, including, but not limited to, federal, state, and municipal excise taxes, sales or use taxes in production, or import taxes, sales, distribution, or delivery of equipment, or the provision of services. Any taxes or duties payable by Buyer. Accordingly, Seller reserves the right to modify its quotation after the execution of this contract between the parties to include all taxes or duties that may be due under this Agreement, and Seller may invoice Buyer for the amounts said above. These Terms shall survive the acceptance and full performance of any purchase order arising after the parties have agreed to this quotation.
Set up
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Subject to the terms of this Agreement, all amounts owed by any Purchase Order arising out of such Quotation shall be due as set forth in this Agreement, and Buyer is prohibited from deducting from such Purchase Order Seller's due due from such Purchase Order that may or may arise as a result of another transaction between Buyer and Seller, its divisions, subsidiaries or affiliates.
Service capability
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If any provision of this quotation violates any federal, state, or local statute or regulation, or is illegal for any reason, that provision shall be deleted on its own without affecting the validity of the remaining provisions.
