Global ETS Term and Condition for sale quote and order of confirmation

 

1. Customer represents that it is the lawful owner of the parts and product which are to be tested under the terms of this agreement, has lawful authority of contract for the services to be rendered by GETS and agrees to indemnify GETS from any an all claims of third parties related to the ownership or right to possession of the parts and product.

2. This Agreement shall not be construed against any party as the drafter.

3. Customer agrees to pay within the approval and agreed payment term of receipt of the invoice from GETS. Payment shall be made in U.S. dollars and shall be made at Global ETS, 2631 Success Drive, Odessa, Florida 33556 unless directed otherwise by GETS. Invoices not paid with the approval and agreed payment term shall accrue interest at a rate of 18% annually.

4. The laws of the State of Florida shall govern this Agreement. Venue shall lie exclusively in Pasco County, Florida or in the District Court in and for the Middle District of Florida. In the event it becomes necessary for either party to enforce the terms of this agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and court costs including the fees and costs associated with trial, appeal, and collection.

5. THE PARTIES HEREBY WAIVE TRIAL BY JURY

6. Customer acknowledges and agrees that GETS has a valid lien upon all parts and product pursuant to Chapter 713, Florida Statutes until such time as Customer had paid GETS in full for the services and labor provided.

7. Customer has not relied upon any representation or statement other than those set forth in these terms and conditions.

8. These terns and conditions may not be altered, modified, amended or waived, in whole or in part in any way except by an instrument in writing singed by the duly authorized officers of GETS. Customer shall be deemed to have accepted these terms and conditions by placing a written purchase order or order confirmation with GETS.

9. Nothing in these terms and conditions shall be deemed to create a joint venture, partnership or agency relationship between the parties.

10. All purchase orders must match the sales quote as to quantity, price and service description in order for the purchase order to be processed.

11. Customer agrees to pay all shipping charges and costs for the parts and product.

12. Once placed, all orders are non-cancellable and non-returnable.

13. Client assumes all risk of loss to the parts and products.

14. All commodities purchased from GETS are to be handled in accordance with US law including but not limited to Export Administration Regulations, international Traffic in Arms Regulations, U.S. Department of Commerce, and U.S. Office of Foreign Assets Control. Diversion contrary to U.S. law is prohibited.

15. GETS shall not be responsible to any third party, including any purchaser of customer’s parts and product, by reason of the services provided by GETS regardless of whether any such claim shall arise in contract, negligence, tort of strict liability.

16. GETS makes no representation or warranties for services or tests not ordered by Customer, regardless of whether said service or test would have detected a defect or program with the part or product.

17. GETS warrants that its tests and services will be performed in a reasonable and workmanlike manner. Customer acknowledges that there are no other warranties, express or implied including any implied warranty of fitness for a particular purpose or merchantability other than any express warranty set forth in these terms and condition.

18. Under no condition shall GETS be liable for any claim of lost profits. Customer agrees any liability on the part of GETS or any resulting damages in any action brought by Customer or any purchaser of Customer’s parts and products is limited to the purchase price of the goods and services provided by GETS.