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Terms and Conditions of sale of Axium Technologies, Inc.

1. Terms and Conditions

Purchaser agrees that none of the provisions contained in its purchase orders shall amend or modify the terms and conditions specified herein or set forth from time to time in the Company's Price Lists or in the Company's purchase order acknowledgements or invoices, all of which terms and conditions are agreed to apply to any sale by the Company of products to Purchaser.

2. Order Acceptance

All orders must be firm commitments in writing, showing quantities, prices, model numbers and complete descriptions.  Purchase orders will only be accepted if received in written form by mail or facsimile. The minimum order value, which will be accepted by the Company is one hundred dollars in US Currency.

3. Prices

All published prices are subject to change without notice. Firm price quotations by the Company will be honored for thirty days from the quotation date unless otherwise specified.  

All prices are F.O.B., Pasadena, California.  Unless otherwise specified or indicated, the Company will ship all material prepaid and invoice the purchaser.  Any special shipping instructions should be specified on the original purchase order. In the absence of special shipping instructions before the shipment date, material will be shipped in the best way as determined by the Company.  Shipments can be fully insured and insurance charges invoiced to the purchaser if specifically requested. The risk of loss shall pass to the purchaser at the time the Company places the material in possession of the carrier.

Prices do not include any sales, use or excise taxes.  All taxes, duties or other charges applicable to the sale or use of the materials shall be paid by the purchaser.

4. Payment Terms

Normal open account terms are Net 30 days from date of shipment once credit references have been provided to and approved by the Company.

Late payments (beyond 45 days from date of invoice) on open accounts are subject to a late charge of 1.5% per month.

All partial shipments shall be invoiced at the time of shipment

5. Force Majeure

If shipment by the Company is prevented, hindered, delayed, or otherwise made impractical by reason of any flood, riot, fire, judicial or government action, labor dispute, Act of God, explosion, war, act or omission of carriers, act or omission of suppliers or any other causes beyond the control of the Company, the Company shall be excused from such shipment to the extent it is prevented, hindered or delayed by such causes.

6. Return of Material

The Company may authorize material to be returned for credit under the following conditions:

•   Incorrectly ordered material may be returned within thirty days of delivery and is subject to a minimum 25% restocking charge to cover handling, inspection and testing.  No freight charges will be credited.

•   Special ordered or non-standard material cannot be returned for credit.

•   A request for a Return Authorization Number must be made within thirty days after receipt of material to qualify for credit consideration.  No material will be accepted by the Company without the issue of a Return Authorization Number prior to shipment.

•   Material authorized for return must be sent prepaid within fifteen days of issue date of the Return Authorization Number.

7. Transfer of Title

The title of ownership does not transfer to the purchaser until the Company has been paid in full for all material.

8. General Liability

All materials (equipment, systems, products, supplies, services, etc.) are sold with the express understanding that the Company will be held harmless for any losses, damages or injuries which may arise from improper use of the material or any malfunction thereof.  Any liability for the malfunction of the material (equipment, systems, products, supplies, services, etc.) sold by the Company is limited exclusively to the replacement or repair at the Company's sole option, at Torrance, California of the actual material supplied by the Company.

9. Applicable Law

All purchases and agreements between the Company and purchaser shall be construed in accordance with the laws of the State of California.

10. Warranty

The Company warrants to the original purchaser for 12 months from the date of invoice, that its products are free from defects in material and workmanship under normal use and service.  Certain individual products may have different warranties, which extend beyond the 12 months.

11. Changes

The standard conditions set forth herein shall not be changed, altered, modified or amended without prior written consent of the Company.