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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.

Copyright © 2006 Dynamic Concepts, Inc.
P: +1.949.215.1200800.822.2742F: +1.949.215.1234
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