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networks... TERMS AND CONDITIONS OF SALE Rev, 08102 THESE TERMS CONTROL, Buyer's acceptance of goods and/or services shall constitute acceptance of these terms and conditions. Terms or provisions of Buyer's order that are inconsistent with or in addition to Fluke Networks' terms and conditions shall not be binding unless accepted in writing by Fluke Networks. Fluke Networks' failure to object to any provision contained in a communication from Buyer shall not be a waiver of these terms and conditions, If any terms or conditions of sale are declared by an arbitrator, or court or other body having jurisdiction, to be invalid or unenforceable, the remaining terms and provisions shall remain in full force and effect, DELIVERY AND RISK OF LOSS. Domestic delivery shall be F.O.B. origin. Title and risk of loss shall pass to Buyer when products are delivered to Carrier unless agreed to in writing by Fluke Networks, Upon request by Buyer, Fluke Networks shall prepay and invoice Buyer for freight and shipping/handling and insurance costs. International orders shall be FOB factory/EX works. Freight and insurance for international shipments may be provided for a fee upon request. No order Is assignable without Fluke Networks' prior written approval. PAYMENT. 100% of the invoiced amount is due in US Dollars within 30 days from date of invoice on approved credit, unless otherwise stated in writing by Fluke Networks, Fluke Networks may modify payment terms If, in its sole opinion, the payment record or financial condition of Buyer warrants. Late payments are subject to 1 % interest per month on the unpaid balance. Prices exclude any tax or duty now or hereafter imposed upon the production, storage, sale, transportation, or use of the products. FOR INTERNATIONAL SALES, the following payment terms may be required: Letter of Credit - Payment shall be made by an Irrevocable Letter of Credit issued in favor of Fluke Networks Inc, as beneficiary, to be advised, confirmed and payable at the counters of the U.S. negotiating bank. The Letter of Credit must be opened 60 days prior to the acknowledged ship date with validity held for 45 days past such date and must be payable at sight in US Dollars for 100% of the amount invoiced. Transshipment and partial shipments shall be allowed, Documentary Collection. All documents permitting usual clearance will be forwarded to the draft processing bank at destination. Cash Advance. Payment may be by wire transfer to Fluke Networks Inc. Payment must include estimated shipping and transportation services charges, unless shipped freight collect. Overpayment of such charges shall be refunded. CANCELLATION. Orders may not be canceled or rescheduled without Fluke Networks' written consent and are subject to cancellation or reschedule charges determined by Fluke Networks. EXCUSABLE DELAYS. Fluke Networks shall not be liable for non -delivery or delay in performance when such delay is directly or indirectly caused by, or in any manner arises from, delay or failure to deliver by Fluke Networks' suppliers, fires, floods, accidents, riots, war, governmental interference or embargoes, strikes or shortage of labor, or other causes (whether or not similar to those specified) beyond its control. Delivery shall be deemed suspended so long as such causes delay performance. Fluke Networks agrees to make, and Buyer will accept, deliveries at a reasonable time aftor remedy of such causes. Quoted weeks ARO are approximate. DESIGN CHANGES. Fluke Networks and its suppliers reserve the right to change product design or specifications at any time without notice SOFTWARE. Fluke Networks grants a perpetual, non-exclusive license to Buyer to use ordered software on a single unit of product. Title to software shall remain in Fluke Networks or its suppliers. The license may be terminated if Buyer discloses the software to others without Fluke Networks' consent. Back-up copies of the software may be made and Buyer may sublicense the software along with the transfer of said single unit of product. LIMITED WARRANTY & LIMITATION OF LIABILITY. Each Fluke Networks product is warranted to be free from defects in material and workmanship under normal use and service. The warranty period is One Year and begins on the date of shipment. Parts, accessories, product repairs and services are warranted for 90 days. This warranty extends only to the original buyer or end -user customer of a Fluke Networks authorized reseller, and does not apply to disposable batteries, cable connector tabs, cable insulation displacement connectors or to any product which, in Fluke Networks' opinion, has been misused, altered, neglected, or damaged by accident or abnormal conditions of operation or handling. Fluke Networks warrants that software will operate substantially in accordance with its functional spocifications for 90 days and that it has been properly recorded on non -defective media. Fluke Networks does not warrant that it will be error free or operate without interruption. Fluke Networks authorized resellers have no authority to extend a greater or different warranty on behalf of Fluke Networks. Warranty support is available if product is purchased through a Fluke Networks authorized sales outlet or Buyer has paid the applicable international price. Fluke Networks reserves the right to invoice Buyer for importation costs of repair/replacement parts when product purchased in one country is submitted for repair in another country. Fluke Networks warranty obligation is limited, at Fluke Networks' option, to refund of the purchase price, free of charge repair, or replacement of a defective product which is returned to a Fluke Networks Authorized Service Center within the warranty period. To obtain warranty service, contact your nearest Fluke Networks Authorized Service Center or send the product, with a description of the difficulty, postage and insurance prepaid (FOB Destination), to the nearest Fluke Networks Authorized Service Center. Fluke Networks assumes no risk for damage in transit. Following warranty repair, the product will be returned to Buyer, transportation prepaid (FOB Destination). If Fluke Networks determines that misuse, alteration, accident or abnormal condition of operation or handling caused the failure, Fluke Networks will provide an estimate of repair costs and obtain authorization before commencing the work. Following repair, the product will be returned to the Buyer, transportation prepaid and the Buyer will be billed for the repair and return transportation charges (FOB Shipping Point). THIS WARRANTY IS BUYER'S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.FLUKE NETWORKS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING LOSS OF DATA, WHETHER ARISING FROM BREACH OF WARRANTY OR BASED ON CONTRACT, TORT, RELIANCE OR ANY OTHER THEORY. Since some countries or states do not allow limitation of the term of an implied warranty, or exclusion or limitation of incidental or consequential damages, the limitations and exclusions of this warranty may not apply to every buyer. GOVERNMENT CONTRACTS, If Buyer's order cites a US Government contract number or is certified under DPAS, Federal Acquisition Regulation (FAR) and DFAR Clauses are incorporated by FAR Part 12 where applicable and as may be required by government statute, regulation and/or contract.