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Terms and Conditions
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.
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