CREDIT LINE: Upon approval of Dealer Application, Mobile Line Communications (MLC) at its sole discretion will assign Applicant a maximum credit line and shall have the right to increase, decrease, or terminate Applicants’ credit privileges at any time without prior notice, except as otherwise provided by law.
PAYMENT: Payment of the purchase price for goods and/or services acquired from MLC shall be made pursuant to the terms set forth on each invoice, and Purchaser agrees to pay all charges according to the payment terms established in said invoice. The entire outstanding balance due on all invoices shall become due to MLC in full immediately upon default in the payment of any invoice. All terms referring to lapse of time when set forth on MLC invoices shall be measured from the invoice date and not from the date of receipt of goods.
SERVICE CHARGE: Purchaser agrees to pay a Service Charge in the amount of 1.5% per month on any payment past due, pursuant to the terms set forth on each invoice until collected.
COLLECTION EXPENSE: Purchaser shall pay to MLC all costs and expenses incurred by MLC in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereunder including, without limitation, reasonable attorney’s fees and the fees of any collection agency and court costs
SUPPLIER'S TERMS CONTROL: In the event of any conflict between these Terms and any of Purchaser’s Purchase Order, these Terms shall control and prevail over any contrary terms in the Purchase Order. MLC gives notice of its objection to any additional or different conditions in Purchaser’s orders.
FORCE MAJEURE: Supplier shall arrange reasonable prompt shipment of products, F.O.B. the point or points of delivery designated by Supplier, pursuant to the terms hereof, provided, however, that Supplier shall not be responsible for delays in delivery due to fire, flood, tornado, earthquake, war, riot, insurrection, strike, lockout, slowdown, epidemic, quarantine restriction, delay in transportation, car shortage, labor shortage, materials shortage, manufacturing facility shortage, accident at Supplier’s warehouse, boycott, embargo or any act or regulation of government or governmental authority, force majeure and other contingencies beyond Supplier’s control resulting in impossibility of performance of Supplier’s duties and obligations hereunder.
RISK OF LOSS: Identification of the goods to the contract, risk of loss, damage to and title to Products shall pass upon delivery thereof to Purchaser’s carrier, F.O.B. Supplier’s warehouse or other point or points of delivery designated by Supplier as provided in these Terms. Upon receipt of shipment, it shall be the responsibility of Purchaser or the consignee receiving shipment to immediately inspect the products and check materials and secure written acknowledgement from delivering carrier for any shortages, loss or damage. Notification of such shortages, loss or damage must be made in writing to MLC within two business days. Concealed shortages must also be reported within two business days and original shipping carton must be kept intact.
DISCLAIMER OF WARRANTIES: The manufacturer’s warranty passed on through by Supplier and Purchaser hereunder, if any, shall be exclusive. No other warranty, express or implied, including, without limitation, any implied warranty or merchantability or fitness for a particular purpose exists. LIMITATION OF LIABILITY: Purchaser’s sole and exclusive remedy relating to this agreement and/or products shall be the remedy, if any, afforded by the manufacturer or such products to purchaser and/or purchaser’s customers as provided by, and within the time period specified therein, no other remedy shall be available to Purchaser or Purchaser’s customers.
GOVERNING LAW AND FORUM: These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of California, United States of America without regard to conflicts of laws. Any and all disputes hereunder shall be decided exclusively by litigation, in state or federal courts located in Orange County, California.
RETURN OF DEFECTIVE GOODS: Mobile Line Communications Proprietary Products: All requests for return must have an approved Return Authorization Number available through the RA Department. All approved returns will be handled via exchange for equal product. Unapproved returns become property of MLC and will not be returned. MLC reserves the right to make substitutions for similar product. No credits or refunds will be given. Discontinued or used products are sold “As Is” with no warranty and under no circumstance returnable. Faceplates have a 30 day warranty. Car kits, installed equipment and software must be returned to the manufacturer for repairs or replacement.
OEM OR BRANDED PRODUCTS: All requests for return must have an approved Return Authorization Number. Returned goods are then sent to the appropriate manufacturer for evaluation. If product is found defective, new product is exchanged. If product is found not defective or outside the warranty period, no credit will be given and the parts will be destroyed.
RETURN OF NEW PRODUCT: Returns will only be accepted in the case of an incorrect shipment by MLC. We will not authorize the return of new product or over-stocked items. If, however, MLC, in its sole and exclusive discretion, decides to accept such a return, a restocking fee of 25% will be charged. Refused shipments will be charged a 15% restocking fee plus all shipping costs that were incurred by MLC. No refunds will be given under any condition.
SHIPPING: Shipments will be made via Federal Express, Express Saver or UPS Ground unless otherwise stipulated by the Purchaser. Freight costs, including insurance and COD charges, will be added to the invoice. Shipments are FOB our warehouse. Concealed shortages must be reported with 72 hours of receiving the merchandise. It is the responsibility of the Purchaser to inspect all shipments immediately.
RETURNED CHECKS: Returned checks will be charged a $30 bank fee and must be paid in full immediately, cash or certified funds only.
CREDIT CARDS: You must file a credit card authorization form with MLC prior to using this payment method. All credit card transactions are considered final and “As Is” with no returns allowed under any condition.
CHECK BY FAX: Paper drafts are established as a legal method of payment as provided in the Uniform Commercial Code. Should you accept this method of payment, MLC will deposit check immediately.
OFFSET: Purchaser agrees upon receipt of product that the corresponding invoice is fully earned, due and payable and will be paid in full without any offset, counter claim or deduction.
GENERAL: No modification hereof shall be binding upon either party unless the modification is in writing and signed by a duly authorized representative of both parties. The failure of MLC to insist, in any one or more instances upon performance hereunder, or to exercise any right, hereunder, is not a waiver of the future performance of any term, covenant or condition or the future exercise of such right. If any provision of this Agreement is unenforceable, such unenforceability shall not affect the remainder of this Agreement unless a failure of consideration would thereby result. The terms and conditions of this contract and of any sales and payments made pursuant hereto are performable in Orange County, California.
