ALTI-2 Technologies Incorporated
Terms and Conditions of Sale
The terms, conditions and information set forth in this document shall govern sale of and constitute the entire agreement with respect to the goods, materials, products or services being purchased (hereinafter “Goods”). No modification of, addition to or waiver of any of the terms or conditions of this agreement will be effective unless agreed to in writing by a duly authorized officer of Alti-2 Inc, and in no event shall such modification, additional waiver effect any rights of Alti-2 Inc accrued prior thereto. Alti-2 Inc and Buyer agree that no course of prior dealings between the parties or uses of the trade shall be relevant to give particular meaning to supplement or qualify any of the terms and conditions herein.
This proposal or quotation includes data that shall not be disclosed outside the Customer and shall not be duplicated, used, or disclosed – in whole or in part – for any other purpose than to evaluate the proposal or quotation. If, however, a contract is awarded to this offeror or quoter as a result of – or in conjunction with – the submission of this data, the Customer shall have the right to duplicate, use, or disclose the data to the extent provided in the resulting order. This restriction does not limit the Customer’s right to use information contained in this data if it is obtained from another source without restriction. The data subject to this restriction is contained in the attached proposal.
All prices include commercial packaging, and administrative charges. All other costs and fees, including taxes (federal, state, local) are the responsibility of the Buyer. For example, any special packaging that is required for hazardous material, along with taxes and duties on international shipments.
- Prices and specifications are subject to change without notice.
A packing slip or invoice will be placed on the inside of each package and will include the following information: Buyer’s Purchase Order number (if given) Sales Order/Invoice number, part number, and description of contents.
Small parcel shipments: Use most economical means of transport, either UPS or Insured Mail.
Oversized, overweight or hazardous shipments: Best and most economical way.
Shipping Terms: Shipments are F.O.B. Deland, Florida.
Invoices are emailed when orders are complete and ready to ship.
Payment of orders must be made in accordance to the follow terms, unless otherwise specified:
- Prepayment (check, ZELLE, money order, Visa or MasterCard)
- Wire Transfer on International orders (Add $40.00 US Dollars per each wire transfer for Bank Fees)
A deposit of 50% is required upon acceptance of PO for orders of $10,000 USD or more unless other arrangements have been made in advance.
- Deposits are non-refundable
Drop shipments must be paid prior to shipping unless other arrangements have been made in advance.
All items are of NEW MANUFACTURE, unless otherwise stated. Alti-2 Inc warrants that at the time of delivery, and for a period of one year after delivery, articles sold or repair services performed shall be of good quality, free from defects in material, workmanship and design and conform to original specifications or drawings. Alti-2 Inc’s liability under this warranty shall include repair, replacement or refund of any items, which have failed to comply with this warranty, within a mutually agreed minimum time period. Except as specifically stated hereinabove, Alti-2 Inc makes no representation or warranty, express or implied, as to the merchantability, fitness for a particular purpose or any other matter with respect to the Goods.
- Alti-2 warranty DOES NOT apply to any product which has been subjected to alteration, improper installation, immersion in water, misuse, willful damage, opening case, or any other form of neglect.
- Alti-2 warranty does NOT apply to use of Altimeters by commercial organizations unless specifically and individually agreed to the contrary (e.g. DZ Altimeter Program).
- REFUND/RETURN POLICY
Due to the nature of our business we are not doing any refunds/returns. The cost of restocking and recertifying/testing the unit is behind economic feasibility.
- SOFTWARE LICENSE
The Software License Fee (where applicable) is charged to provide the customer with the rights to use the Software. The Software License Fee is charged only to license the use of new elements of the software for which the customer has not previously been charged. The rights to use existing elements of the Software may have been purchased by the customer under separate contract (either by previous software license or by funded development contract), and any such elements of software are provided free of charge in this contract.
- INTELLECTUAL PROPERTY RIGHTS
No transfer of intellectual property rights are provided under this contract/order. To support the continuing product improvement of Alti-2 Inc’s product for the benefit of all users, any and all modifications to products or related hardware or software provided under this contract/order may be incorporated into systems for delivery to other existing and future customers. Alti-2 Inc reserves the right to distribute all Alti-2 Inc’s products, and no royalties shall be payable for the use of any modifications or developments paid for under this contract.
- RIGHTS TO PROMOTIONAL INFORMATION
Alti-2 Inc reserves the right to publish information regarding the use of the articles and/or systems supplied under this contract for publicity and marketing purposes. Alti-2 Inc will not breach any security classifications or non-disclosure agreements that may apply.
- EXPORT LICENSE (if applicable)
If items are intended for resale outside the United States, buyer will obtain export license and/or fulfill all other customs obligations, unless otherwise specified in Purchase Order.
13. BUYERS REMEDIES:
- If upon receipt of the Goods by Buyer same shall not conform to Buyer’s order, Buyer shall notify Alti-2 Inc in writing, within 10 days from the date of Buyer’s receipt of the Goods and before any part of the Goods has been changed from its original condition. In no event, shall the Goods be returned without Alti-2 Inc’s consent. Failure to comply with the terms of this paragraph shall constitute waiver by Buyer of all claim in respect of any conformity or shortage of Goods and shall be conclusive evidence that Alti-2 Inc has satisfactorily performed.
- Alti-2 Inc’s liability to Buyer on any claim of any kind or any loss or damage arising out of, connected with or resulting from the Goods, whether such claim is based upon Alti-2 Inc’s negligence, Alti-2 Inc’s performance or breach hereunder, or upon the manufacture, sale, delivery or non-delivery, operation or use of the Goods or otherwise, shall be remedied, at Alti-2 Inc’s option to either the replacement of the Goods at the original point of delivery or the return of the sales price of the Goods with respect to which the claim is made. Alti-2 Inc, at its option, may require that Buyer return the Goods to Alti-2 Inc at Buyer’s risk and expense before Buyer shall be entitled to replacement or return of the sale price. Alti-2 Inc SHALL IN NO EVENT BE LIABLE FOR THE COST OF ANY WORK DONE BY BUYER ON THE Goods OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER SUFFERED BY BUYER OR ANYONE ELSE ARISING OUT OF THE USE OF THE Goods OR OF ANY BREACH BY OR NEGLIGENCE OF Alti-2 Inc UNDER THIS AGREEMENT. Any action or remedy by Buyer arising out of this agreement or any breach thereof must be commenced by Buyer within one (1) year after such cause of action has accrued.
- Alti-2 Inc retains title of the Goods until invoice is satisfied in full.
Except as otherwise stated herein, Buyer shall be liable for all taxes (other than income taxes), excises and other charges (including any increases or new levies) relating to the sale, purchase, delivery, storage, manufacture, use, consumption or otherwise of the Goods.
Neither this Agreement nor any interest or obligation arising hereunder shall be assignable by Buyer without the prior written consent of Alti-2 Inc.
16. GOVERNING LAW
This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of Florida. Any actions, claims or suits (whether in law or equity) arising out of or related to this agreement, or the alleged breach thereof, shall be brought only in courts located in Florida and Buyer hereby waives its rights, if any, to bring such actions, claims or suits in any other courts. Buyer and Alti-2 Inc hereby agree to submit themselves to the jurisdiction of the courts located in Florida for the enforcement of this provision and for the enforcement of any judgement rendered by such courts if any action, claim or suit is brought by Alti-2 Inc against Buyer hereunder and Buyer is not otherwise subject to service of process in Florida as Buyer’s agent for the acceptance of service of process therein, and a copy of such process shall be mailed by Alti-2 Inc to Buyer at Buyer’s last know address.