Billing Terms and Conditions
Revision Date: January 31, 2019
Terms and Conditions of Sale
These terms and conditions of sales, which appear on all invoices, are the terms and conditions upon which Align Communications, Inc. makes all sales. Align Communications, Inc. will not accept any other terms and conditions of sale. This warranty applies only to the original end user purchaser, and does not cover any damage to this product which results from accident, abuse, misuses, natural or personal disaster, or any unauthorized disassembly, repair or modification. In no event shall seller be liable for any consequential damage s or damages of any kind. The Seller shall not be obligated to repair or replace goods rendered defective in whole or part by causes external to the goods, such as but not limited to catastrophe, power failure, or transients, over voltage on interface, environmental extremes, improper use, maintenance and application of the goods, or use of unauthorized parts. Purchaser hereby expressly y waives any and all claims for such damages. These terms and conditions shall constitute the final complete and exclusive agreement of the parties with respect to all sales by Align Communications, Inc. to Buy e r and shall supersede all prior offers, negotiations, understandings and agreements.
Prices and Payment
The goods and/or services set forth are Align Communications, Inc. prices for goods/or services. Align Communications, Inc. terms of payment are either to receive COD or Net 30 as per approved credit. A charge of 1% will be charged on accounts more than thirty days past due.
Purchaser shall examine all goods promptly upon receipt thereof. No later than seven days after receipt purchaser shall notify seller of all claimed shortages or damaged goods. If rejection is intended the purchaser shall specify all grounds there for. Failure to give such notice shall be deemed an acceptance of the goods as of the date of f shipment. Align Communications, Inc. will charge a 25% handling fee for the return of any product which is not deemed defective or damaged.
Purchaser shall bear applicable to any and all federal, state, municipal and other government taxes (such as sales, use, etc.) unless otherwise specified. List prices do not include such expenses, and they will appear, if applicable, as separate, additional items on the invoice. Exemption certificates, valid in the place of delivery, shall be presented to Align Communications, Inc. prior to shipment, if they are to be honored.
Payment terms for each shipment of goods shall be stated on seller’s invoice. Unless otherwise agreed in writing, delivery shall be ma de in accordance with Align Communications Inc. shipping policy in effect on the date of shipment. Unless otherwise stated on the front of the invoice, all products are sold F.O.B. Align Communications, Inc. from 55 Broad Street, 6th Floor, New York, NY. Delivery of products to a carrier by Company or Company ’s supplier shall constitute delivery to Customer and regardless of shipping terms or freight payment. All risk of loss or damage in transit shall be borne by Customer with respect to the products shall pass to Buy e r upon delivery by Align Communications, Inc.
In the event of any action at law or in equity between Align Communications, Inc. and Customer to enforce any of the provisions and/or rights hereunder, the unsuccessful party to such litigation covenants and agrees to pay the successful party all costs and expense, including reasonable attorney ’s fees incurred therein by such successful party: and if such successful party shall recover judgment in any such action or proceeding such costs, expenses and attorney s fees shall be included in and as part of such judgment.