The following terms and conditions of sale shall apply to the sale of any and all goods between
Transko Electronics, Inc. (TRANSKO) and the BUYER. These terms and conditions are subject
to change at any time, without prior written notice,at the sole discretion of TRANSKO.
1) Other Documents
The terms and conditions of sale are limited to those contained herein. Any additional or different
terms or conditions delivered in any form, whether stated or implied, are deemed to be null and
void unless expressly written and signed by both TRANSKO and the BUYER.
2) Applicable Law
This agreement and all legal implications contained herein shall be governed by the laws of the
State of California without regard to any discrepancy that may occur according to the laws of any
other jurisdiction. TRANSKO and the BUYER hereby consent to venue in the State and Federal
courts located in Orange County, California.
TRANSKO warrants its products to be free from defects in material and workmanship for a period of one (1) year from the date of shipment.
This warranty is exclusive and in lieu of any and all other warranties whether written, oral, or implied. No warranty of the merchantability or
fitness for a particular purpose shall apply. No warranty due to the similarity in size, shape, performance, or lack thereof to a model, sample,
or previously supplied product shall apply.
4) Warranty Claim
BUYER shall obtain authorization from TRANSKO to return the subject product prior to initiating any warranty claim. Upon obtaining the
aforementioned authorization from TRANSKO, the buyer shall return the subject product to TRANSKO insured, and freight prepaid by the
BUYER. All warranty claims shall be in writing and must contain a full description of the defect and product involved. Upon receipt of the
subject product TRANSKO shall evaluate the product to determine the validity of the warranty claim. Upon approval of the warranty claim
TRANSKO reserves the right at its sole discretion to resolve the warranty claim by (a) repairing the defective product, (b) replacing the
defective product, or (c) crediting the BUYER for the purchase price of the product.
5) Liability Limitation
TRANSKO's total liability for any and all losses and damages that may occur directly, indirectly, incidentally, or consequentially shall not
exceed the purchase price of the product. TRANSKO shall not be held liable for any defective product that the BUYER chooses to remedy
by repair or rework at any establishment other than TRANSKO.
6) Payment terms
Upon credit approval, the payment terms shall be net thirty (30) days unless otherwise agreed to in writing and signed by both TRANSKO
and the BUYER. Acceptable forms of payment are cash, check, money order, wire transfer, or COD. TRANSKO shall apply a one and one
half percent (1.5%) service fee for every month that the amount due remains unpaid after its due date. In the event of payment default,
BUYER shall be held responsible for any and all collection costs including, but not limited to, court costs, filing fees, and attorney's fees.
All quotes, invoices, and payments shall be in U.S. Dollars.
7) Taxes and Tariffs
Unless otherwise agreed to in writing and signed by both TRANSKO and the BUYER, the BUYER agrees to pay any and all applicable
taxes, tariffs, duties, licenses, customs fees, and any other charges, whether foreign or domestic, incurred by TRANSKO, due to transit of
products or title at place of installation. All TRANSKO price quotations and sales orders reflect only the purchase price of the products and
do not reflect any taxes, tariffs, or other applicable charges.
TRANSKO will make every reasonable effort to meet all quantity and delivery schedules. TRANSKO shall not be held responsible for any
delay in delivery due to transportation or customs delays, actions of the BUYER, acts of God, or any other circumstances beyond
TRANSKO's control Unless otherwise agreed to in writing and signed by both TRANSKO and the BUYER, the terms of all purchases are F.O.B.
TRANSKO and BUYER is solely responsible for any and all shipping charges in accordance with these terms.
9) Changes and Cancellations
Due to the custom nature of the products that TRANSKO supplies, all sales orders are hereby deemed to be non-cancelable and non-returnable
(NCNR). BUYER shall be responsible for the full purchase price of any and all product and materials that is in production, completed, or in
transit either to or from TRANSKO. All changes to quantity, product, price, or shipment schedule must be submitted in writing and approved
10) Acceptance of Terms and Conditions
The terms contained herein constitute the entire agreement between TRANSKO and the BUYER. The BUYER, by submitting a purchase
order, acknowledges and agrees to abide by this entire agreement.