NITECH
7 Burroughs
Irvine, CA 92618
Phone: (949) 586-5051
Fax: (949) 586-5234
sales@nitech.com
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Terms of sale and service
1. Definitions
"Delivery" means standard Nitech shipping to and arrival at the receiving area at the "Ship To" address specified in Customer's order.
"Exhibits" means attachments that describe or otherwise apply to the sale or license of Products or Support.
"License Fee" means the fee or fees designated by Nitech for Use of Software. Different License Fees may apply to particular Software if more than one Software License is available for that Software.
"Products" means hardware, Software, documentation, accessories, supplies, parts and upgrades that are determined by Nitech to be available from Nitech upon receipt of Customer's order. "Custom Products" means Products modified, designed or manufactured to meet Customer requirements. "Software" means one or more programs capable of operating on a controller, processor or other hardware Product ("Device") and related documentation. Software is either a separate Product, included with another Product ("Bundled Software"), or fixed in a Device and not removable in normal operation ("Firmware").
"Software License" means the Software license grant and general license terms set forth herein. Each Software License has a corresponding License Fee.
"Specifications" means specific technical information about Nitech Products which is published in Nitech Product manuals and technical data sheets in effect on the date Nitech ships Customer's order.
"Support" means hardware maintenance and repair; Software updates and maintenance; training; and other standard support services provided by Nitech. "Custom Support" means any agreed non-standard Support, including consulting and custom project services.
"Use" means storing, loading, installing, executing or displaying Software on a Device.
2. Prices
Prices are valid for the period quoted by Nitech for the applicable purchase agreement ordering period, whichever expires first. Product prices for an order remain valid for ninety(90) days from the original order date unless otherwise quoted by Nitech. Change orders that extend Delivery beyond those validity periods become new orders at prices in effect when Nitech receives the change orders. Support prices, except for Custom and prepaid Support, may be changed by Nitech upon sixty(60) days written notice.
Prices are exclusive of, and Customer will pay, applicable sales, use, consumption, goods and service, value added or like taxes, unless Customer has provided Nitech with an appropriate exemption certificate for the Delivery jurisdiction.
3. Orders
All orders are subject to acceptance by Nitech. Product orders must specify Delivery within ninety(90) days from order date, unless otherwise agreed or quoted by Nitech
Customer will specify Ship To addresses within the country where the order is placed, unless otherwise agreed. Customer may cancel orders for Products (except Custom Products) prior to shipment at no charge
4. Delivery
Nitech will make reasonable efforts to meet Customer's Delivery requirements. If Nitech is unable to meet Customer's Delivery requirements, alternative arrangements may be agreed. In the absence of such agreement, Customer's sole remedy is to cancel the order.
5. Shipment, risk of loss or damage, and title
Nitech will ship according to Nitech's standard commercial practice, and risk of loss or damage and title will pass from Nitech to Customer at the Ship To address. Shipping and handling charges will be listed separately on Nitech's invoice when not included in the Product's purchase price. If Customer requested special packing or shipping instructions are agreed to by Nitech, charges will be billed separately to Customer, and risk of loss or damage and title will pass to Customer on delivery to Customer's carrier or designate.
6. Installation and acceptance
Product installation information is available with Products, on quotations or upon request. Installation by Nitech, when included in the purchase price, is complete when the Product passes Nitech's standard installation and test procedures.
For Products without installation included in the purchase price, acceptance by Customer occurs upon Delivery. For Products with installation included in the purchase price, acceptance by Customer occurs upon completion of installation by Nitech. If Customer schedules or delays installation by Nitech more than thirty(30) days after Delivery, Customer acceptance of the Product(s) will occur on the 31st day after Delivery.
7. Payment
Payment terms are subject to Pivotsotr credit approval. Payment is due thirty(30) days from Pivtstor's invoice date. Invoices for contractual support services and maintenance will be issued in advance of the Support period. Nitech may change credit or payment terms at any time when, in Nitech's opinion, Customer's financial condition, previous payment record, or the nature of Customer's relationship with Nitech so warrants.
Nitech may discontinue performance if Customer fails to pay any sum due, or fails to perform under this or any other Nitech agreement if, after ten(10) days written notice, the failure has not been cured.
