TERMS AND CONDITIONS OF PURCHASE
PRICES
Retail prices for Dynamic Concepts, Inc. (Dynamic)
products and services shall be in accordance
with the Dynamic Price List in effect at the
time of order, reorder, or as specified on an
authorized Dynamic Quotation in force at the
time an order is accepted.
Dynamic prices do not include any bank charges
or federal, state, municipal, or other government,
excise, sales, use, occupational or like taxes.
Prices are subject to an increase equal in amount
to any tax Dynamic may be required to collect
to pay upon sale or delivery of the products
or services. Customer must submit any certificate
of exemption to which he may be entitled.
TERMS AND CONDITIONS
Orders for products and services purchased
shall be subject to and submitted in accordance
with these Terms and Conditions irrespective
of inconsistent or additional terms and conditions
in Customer's Purchase Orders or other documents
submitted by Customer to Dynamic.
Dynamic prefers to establish a single account
for each Customer. However, there are instances
where a single Customer may require billing
to more than one entity. Dynamic performs its
billing and accounting by account, not by type
of service.
If Customer establishes more than one account
with Dynamic for its own accounting purposes,
there can be no crossover transactions between
such accounts. When paying by check, separate
checks are required for each account and when
paying by credit card, separate charges will
be made for each account.
Dynamic's terms of payment shall be prepaid
by check or credit card (Visa, Master-card or
American Express); C.O.D. where applicable;
or Net Invoice. Customer may apply, in writing,
to open an account and establish credit with
Thirty (30) day terms. Only after credit
has been approved, in writing, do terms of payment
become Net thirty (30) days. Dynamic reserves
the right to revoke any credit extended at Dynamic.s
sole discretion.
Invoices shall be issued: a) in advance of
a covered period for term service products,
including Internet and Support services; b)
immediately following the delivery of periodical
consulting services; c) on delivery in the case
of products; or d) as specified in a written
quotation or agreement. In all cases, Customer
agrees to pay such invoices when due regardless
of other scheduled deliveries.
PAYMENT, CHARGES AND RETURNS
Invoices not paid within ten (10) days of the
due date are considered past due.
If an account is more than fifteen (15) days
past due, new orders may not be accepted until
the account is current.
Services may be suspended when an account is
more than twenty (20) days past due until the
account is current. A re-activation fee is required
to restore suspended services.
An account that is more than thirty (30) days
past due is on credit hold. Services shall be
suspended or terminated and orders shall not
be accepted. In addition, any credit may be
revoked and all future orders shall be prepaid
or C.O.D. only.
Dynamic may include a monthly service charge
on past due accounts, equal to five ($5) dollars
or 1 1/2% per month on the unpaid balance, whichever
is greater.
Accounts more than sixty (60) days past due
shall be referred to collection. Customer agrees
to pay collection charges incurred.
Dynamic offers a Thirty (30) day money-back
return policy for purchases of tangible products.
Refunds for term service will be prorated for
the amount of unused service on the date we
receive written cancellation instructions. Setup
fees and consulting services already rendered
are not refundable.
DELIVERY
Delivery is made F.O.B., Dynamic's facility
in Aliso Viejo, California -- freight and/or
insurance charges paid by Customer.
The time of delivery is the time when the product
is picked up or delivered to the carrier. Dynamic
shall not be liable for any damages or penalty
for delay in delivery of for failure to give
notice of delay whether the delay be caused
by Acts of God or man-made. In the absence of
specific instructions, Dynamic will select the
carrier. The carrier shall not be an agent of
Dynamic, nor shall Dynamic assume any liability
with regard to this shipment.
OWNERSHIP
Ownership of any products purchased shall pass
to Customer upon delivery by Dynamic. However,
Dynamic shall retain a purchase money security
interest in products sold or licensed now or
hereafter (collectively called the "collateral")
and to the proceeds thereof until the full purchase
price and all other liabilities due or to become
due to Dynamic shall have been paid.
Upon any default by Customer under these Terms
and Conditions, Dynamic shall have all of the
rights and remedies of a secured party under
the Uniform Commercial Code or other applicable
law, which rights shall be cumulative.
TECHNICAL ASSISTANCE
If Customer requires professional services
for installation, support, or educational assistance,
the services of Dynamic's technical staff will
be available to the Customer. For this service,
Dynamic will charge its regular time and materials
hourly or daily rates, plus any travel and per
diem expenses.
LIMITATION OF LIABILITY
Customer agrees that Dynamic's liability for
any losses or damages, whether direct or indirect,
from any cause whatsoever is limited to actual
damages incurred by Customer. Customer further
agrees that in no event shall such damages exceed
the amount previously paid by Customer to Dynamic
for products and services.
Customer further agrees that Dynamic will not
be liable for any lost profits, or for any claim
or demand against the Customer by any other
party.
No action, regardless of form, arising out
of the transactions under these Terms and Conditions
or any other Dynamic Agreement, may be brought
by Customer more than one (1) year after the
cause of action has occurred.
IN NO EVENT WILL Dynamic BE LIABLE
FOR CONSE-QUENTIAL DAMAGES EVEN IF Dynamic HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, Dynamic SHALL NOT BE LIABLE FOR
ANY LOSSES OR DAMAGES, CONSEQUENTIAL OR OTHERWISE,
OCCURRING OUT OF OR IN CONNECTION WITH THE USE
OR PERFORMANCE OF THE PRODUCTS OR SERVICES ORDERED.
Dynamic may sell any of its products and services
to other customers without any consideration
or liability to Customer whatsoever.
|