www.digicomint.com 2004

Terms and Conditions
A. DELIVERY	1. Any delivery or shipment date quoted is approximate and subject to delays caused by civil insurrection, war, fire, strike, acts of God, shortages of materials, or failure of supplies or subcontractors to satisfactorily meet scheduled deliveries, or events beyond the control of Digicom International or the manufacturer. Customer's acceptance of goods constitutes a waiver of any claim for delay.
A. DELIVERY	Customer will inspect the goods at the time of delivery and will notify dealer of any claims or defects within two days after delivery. Failure of customer to give notice of a claim within the time period above will be conclusively deemed to be a waiver of that claim and customer will have waived any right to reject the goods or to revoke acceptance of the goods. In no event may customer set off payment for any rejected or revoked acceptance goods against payment due on goods accepted.

B. PAYMENT	1. Customer agrees to pay for all goods purchased on delivery of the goods to customer, unless otherwise stated in Digicom International proposal or invoice for the good purchased
	2. All payments are due and payable to dealer at its office in 155 Rome Street, Farmingdale, New York 11735.
	3. There will be no extension of or change in the time for payment due to delays in installation or operation of goods caused by damage, warranty replacement of part s.
	4. Unless otherwise specified in writing, the purchase price for goods does not include delivery, all of shipping or transportation charges will be paid by customer
	5. If payment is not made when due, customer will pay dealer a late charge at the rate of eighteen percent (18%) annually on the amount due, plus dealer¡¦s reasonable attorneys fees for all matters including but no limited to appeals, mediation, and bankruptcy proceedings, plus other costs of collection
	6. Venue for any litigation between the parties will be in the appropriate court in Suffolk County, New York. This agreement and all sales between the parties will be constructed under New York Law without regard to its conflict of laws rules.
	7. The place of sale of all goods is dealer¡¦s place of business in 155 Rome Street, Farmingdale New York 11735, even if the place of delivery is elsewhere

C. FEES	The following fees will be applied if customer dishonors the payment or refuses the order 1. Return Check: $25.00 fee will be charged for each check returned.
	2. Payment Dispute: $50.00 fee will be collected on disputed credit card payment.
	3. Order Refused: Customer will be responsible for $50.00 handling and roundtrip freight.

D.WARRANTY & CLAIMS	1. DEALER MAKES NO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR SUITABILITY. Customer acknowledges and agrees dealer does not have reason to know the particular purpose for which the customer intends to use the goods. Customer has not disclosed any particular purpose and there is no circumstance that puts the dealer on notice of any particular purpose for which customer intends to use the goods. Customer acknowledges and agrees customer has not relied on the dealer¡¦s skill or judgment to select or furnish suitable goods.
	2. EXPRESS WARRANTY. In lieu of any other warranty, expressed or implied, Dealer warrants the goods sold to Customer for the term and on the conditions set forth in Exhibit ¡§1¡¨ attached and incorporated by reference. The warranty does not cover the repair or exchange of a system damaged sustained in delivery, improper installation, by misuse, abuse, modification, unsuitable physical or operating environment, improper maintenance, accident, fire, flood, or act of God. Any applicable warranty is voided by removal or alteration of system parts or identification labels.
	3. RMA POLICY AND PROCEDULES: RMA # and RMA Request Form can be obtained from RMA department (800-689-8889/631-249-8999 Ext. 130 or 132). or e-mail jackh@digicomint.com
	4. EVALUATION / DEMONSTRATION / CROSS SHIP ORDER: All of Evaluation, Demonstration and Cross ship order need to be returned to dealer within 14 days from the invoice date, otherwise will be treated as a regular order.

E. TERMS	1. Digicom International, may cancel the sale of any and all goods not yet delivered, installed and paid for by customer if: a. Customer defaults on that or any other sale at any time: b. Customer defaults under this agreement at any time: c. Customer makes any misrepresentation to dealer; d. Customer is the subject of a proceeding under the bankruptcy laws e. appears to dealer that customer’s financial condition is such that customer will not be able to pay for the goods when payment is due.
	2. The meaning of all words in this terms and conditions will be as defined in the UCC, unless otherwise stated.