1. Except as otherwise set forth by AMALFI-TRADING: Terms of payment are net 30 days from invoice date; prices are FOB Florida and prices DO NOT include any taxes, freight, handling, duty, or other similar charges, which are the sole responsibility of the customer/recipient. AMALFI-TRADING reserves the right to modify terms prior to shipment, require payment in advance, or delay/cancel any shipment or order by reason of customer’s creditworthiness, or should customer fail to fulfill any obligation when due.
2. In the absence of prior agreement as to shipping, AMALFI-TRADING may select a carrier. AMALFI-TRADING’S responsibility for any loss or damage ends, and the title passes, when products are delivered to the carrier, the customer or the customer’s agent (including any test house or value added service provider), whichever occurs first.
3. AMALFI-TRADING warrants those products sold against defects caused solely by faulty assembly for 30 days after delivery. All other products and the components or materials utilized in any assembled or custom product, are covered by, and subject to, the terms, conditions, and limitations of the manufacturers standard warranty.
4. Products are deemed accepted by customer unless customer notifies AMALFI-TRADING in writing within 20 days of delivery of product shortages, damages, or defects.
5. AMALFI-TRADING shall not be liable for any failure or delay in it’s performance or the delivery or shipment of products or for any damages suffered by customer by reason of such failure or delay, when such failure or delay is caused by fire, accident, riot, war, governmental interference or embargo, strike, shortage of labor, fuel, materials or any considered acts of God.
6. All sales and quotations are made under these terms and conditions and those on said purchase order. Customer, by accepting any products, making any payments or ordering any products having previously received these terms and conditions, will be deemed to have assented to these terms and conditions. Any additions or changes to these terms and conditions must be specifically agreed to in writing by a duly authorized officer of AMALFI-TRADING before becoming binding on AMALFI-TRADING.
7. Customer, by accepting any products, making any payments or ordering any products having previously received these terms and conditions, will be deemed to have assented to these terms and conditions, notwithstanding any terms contained in any prior or later communication from customer and whether or not AMALFI-TRADING will object to any customers’ terms.
8. Products may be subject to export or resale restriction or regulation, and customer acknowledges that it will comply with such restrictions and obligations. Products may have been imported. Any statement as to product to country of origin or compliance with applicable law, (including that products are RoHS compliant) is as provided to AMALFI-TRADING by its suppliers, and AMALFI-TRADING does not warrant its accuracy and will not be liable for any error with regard to same. Customer uses such information at its own risk.
9. Except for the warranty coverage referenced in paragraph 3 above, AMALFI-TRADING nor its suppliers will have any liability or obligation to customer or any other person for any claim, loss, damage, or expense caused in whole or in part, directly or indirectly, by the inadequacy of any products for any purpose, by any deficiency or defect in any product, by the use or performance of any product or for any special, direct, indirect, incidental, consequential, exemplary, or punitive damages.
10. No order may be cancelled, rescheduled or reconfigured without AMALFI-TRADING’S prior written authorization and, in such event, customer will be liable to AMALFI-TRADING for any additional expenses incurred. Prices are subject to change upon customer reconfiguration of order.