THE SALE OF PRODUCTS AND SERVICES ("PRODUCTS") BY ECHO GAIN INTERNATIONAL LLP (called “EGI” ) , ARE SUBJECT TO THESE TERMS AND CONDITIONS ("AGREEMENT") REGARDLESS OF OTHER OR ADDITIONAL TERMS OR CONDITIONS THAT CONFLICT OR CONTRADICT THIS AGREEMENT IN ANY PURCHASE ORDER, DOCUMENT, OR OTHER COMMUNICATION ("ORDER").
1. ORDERS. All Orders are subject to acceptance by EGI. EGI reserves the right to allocate the sale of Products among its customers. Non-standard Products specifically identified by EGI are non-cancelable, non-reschedule and non-returnable ("NCNRNR"). The Customer may not cancel or reschedule Orders for standard Products without EGI's consent.
2. PRICES. All prices quoted valid for 30 days or as otherwise stated in its quote. Prices are subject to change at any time. Prices are for Products only and do not include taxes, impositions and any other charges, fees, shipping charges and duties imposed by any government authority.
3. TERMS OF PAYMENT. Payment of the total invoice amount, without offset or deduction, is due from the invoice date. On any past due invoice, EGI may charge interest from the payment due date to the date of payment (at 2% per month), plus reasonable attorney fees and collection costs.
4. DELIVERY. Customer is responsible for all shipping costs and any applicable surcharges. Delivery dates are estimates only and EGI is not liable for delays in delivery & partial delivery. A delayed delivery of any part of an Order does not entitle Customer to cancel other deliveries.
5. PRODUCT RETURNS. Returned Products must always come with a return material authorization ("RMA") number. RMAs will be issued only for damage, shortage, or other discrepancy to Products created solely by the original manufacturer, and only if Customer notifies EGI in writing within 10 days after delivery. Returned Products must be in original manufacturer's shipping cartons or equivalent. Customer must return all Products, freight, duties & tax prepaid, as specified in the RMA and pays any restocking charges. EGI will return all Products not eligible for return to Customer, freight collect, or hold Product for Customer's account at Customer's expense.
6. LIMITED WARRANTY. EGI warrants to products will conform to the manufacturer's specifications. Value-added work performed by EGI on Products for a period of 30 days unless otherwise stated, following the delivery of product to Customer. All products shall be deemed and presumed to be acceptable to Customer after this warranty period. The Products will be free from defects in material and workmanship and will function in substantial compliance with the manufacturer's written specifications. Customer's exclusive remedy shall, in any case, be limited, to:
A) Repair or replacement of the defective products;
B) Refund of the purchase price; or
C) Crediting of the same against future purchases by Buyer.
EGI IS NOT LIABLE FOR AND CUSTOMER IS NOT ENTITLED TO ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; FOR EXAMPLE, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, LOSS OF USE, REWORK, MANUFACTURING EXPENSE, INJURY TO REPUTATION, OR LOSS OF CUSTOMERS. CUSTOMER'S RECOVERY FROM EGI FOR ANY DIRECT DAMAGES WILL NOT EXCEED THE PRICE OF THE PRODUCT AT ISSUE. CUSTOMER WILL INDEMNIFY, DEFEND AND HOLD EGI HARMLESS FROM ANY CLAIMS BASED ON;
(i) EGI'S COMPLIANCE WITH CUSTOMER'S DESIGNS, SPECIFICATIONS, OR INSTRUCTIONS;
(ii) MODIFICATION OF ANY PRODUCTS BY ANYONE OTHER THAN EGI, OR;
(iii) USE IN COMBINATION WITH OTHER PRODUCTS.
7. EXPORT/IMPORT. Products sold by EGI and other related technology and documentation are subject to export control laws, regulations and orders of the United States and the export or import control laws and regulations of other countries. Customer will not directly or indirectly export or divert any Products and other related technology and documentation to any third party or country where such export or transmission is restricted or prohibited. Customer agrees it is responsible to obtain any license to export, re-export, or import as may be required.
8. EGI may amend the above T&Cs from time to time.