Almaz Optics, Inc.

12 Chadsford Ct., Marlton, NJ 08053-2854
Telephone: (856) 797-0491 · Fax: (856) 797-0228
e-mail: mail@almazoptics.com · web site: www.almazoptics.com

Terms and Conditions of Sale

Delivery

Shipping dates are approximate and are based upon prompt receipt of all necessary information. Almaz Optics, Inc. shall not be liable for delays in delivery or failure to manufacture or deliver (1) due to causes beyond its reasonable control, or (2) due to acts of God, acts of Purchaser, acts of civil or military authorities, fires, strikes, floods, epidemics, war, riot, delays in transportation or car shortages, or (3) inability due to causes beyond its reasonable control to obtain necessary labor, materials, components or manufacturing facilities. In the event of any such delay, the date of delivery shall be extended for a period equal to the time lost by reason of the delay. In all cases, risk of loss or damage to goods in transit shall fall upon the Purchaser, whose responsibility it shall be to file claims with the carrier.

Payments

Each shipment shall be considered a separate and independent transaction, and payment therefore shall be made accordingly. If shipments are delayed by the Purchaser, payments shall become due on the date when Almaz Optics, Inc. is prepared to make shipment. If the work to be performed hereunder is delayed by the Purchaser, payments shall be made based on the purchase price and the percentage of completion. Products held for the Purchaser shall be at the risk and expense of the Purchaser. If the financial condition of the Purchaser at any time does not, in the judgment of Almaz Optics, justify continuance of the work to be performed by Almaz Optics hereunder on the terms of payment as agreed upon, Almaz Optics may require full or partial payment in advance or shall be entitled to cancel any order then outstanding and shall receive reimbursement for its reasonable and proper cancellation charges. In the event of bankruptcy or insolvency of the Purchaser or in the event any proceeding is brought against the Purchaser, Almaz Optics shall be entitled to cancel any order then outstanding at any time during the period allowed for filing claims against the estate and shall receive reimbursement for its reasonable and proper cancellation charges.

Sales and Similar Taxes

Unless otherwise stated herein, Almaz Optics’ prices do not include sales, use, excise or similar taxes. Consequently, in addition to the price specified herein, the amount of any present or future sales, use, excise or other similar tax applicable to the sale or use of the merchandise hereunder shall be paid by the Purchaser, or in lieu thereof the Purchaser shall provide Almaz Optics, Inc. with a tax-exemption certificate acceptable to the appropriate taxing authorities.

Cancellations and Returns

The Purchaser may cancel his order only upon written notice and upon payment to Almaz Optics, Inc. of the reasonable and proper cancellation charges. All returns must be authorized by Almaz Optics. No returns will be accepted after 60 days from the date of receipt of goods in the case of raw materials, and 30 days from the date of receipt of goods in the case of finished or semi-finished components (custom blanks).

Limitation of Liability

Almaz Optics’ liability on any claim of any kind, including negligence, for any loss or damage arising out of, connected with, or resulting from this contract, or from the performance or breach thereof, or from the manufacture, sale, delivery, resale, repair or use of any product covered by or furnished under this contract shall in no case exceed the price allocable to the product or part thereof which gives rise to the claim. In no event shall Almaz Optics, Inc. be liable for special or consequential costs or damages.

Security Title

Title and right of possession of the products sold hereunder shall remain with Almaz Optics, Inc. and such products shall remain personal property until all payments hereunder shall have been made in full.

Variations

Unless otherwise specified in writing, any variation in quantities shipped not exceeding 10% of the quantities ordered shall constitute compliance with the order and the unit price quoted will continue to apply.

General

Any assignment of this order, or any rights hereunder, by the Purchaser without written consent of Almaz Optics, Inc. shall be void. The provisions of any contract resulting from this quotation are for the benefit of the parties thereto and not for any other person or entity. No waiver, alteration, or modification of any of the provisions of hereof shall be binding unless in writing and signed by a duly authorized representative of Almaz Optics, Inc..

Prices

All prices are valid for a period of 60 days from the date of quotation. A minimum charge of $200.00 per order will be made, but may be waived under certain circumstances.

Delivery Terms

All prices are F.O.B. Marlton, New Jersey. Shipping carrier chosen at Almaz Optics’ discretion unless specified on the purchase order.

Terms of Payment–USA

All invoices are due and payable not later than 30 days from date of invoice, unless otherwise quoted in writing. Orders may be pre-paid. Unless provided otherwise in writing, accounts unpaid on the thirty first calendar day after the invoice date shall be subject to a finance charge at an annual interest rate of 14.4% until the invoice is paid in full. In states where a Purchaser may be assessed at a maximum annual percentage of less than 14.4%, then the finance charge shall be at the maximum rate allowed by that state’s laws. Any invoice unpaid by a Purchaser for more than sixty days shall be deemed in default and may, at the option of Almaz Optics, be referred for collection. In the event a Purchaser’s account, or any part thereof, is referred for collection, the Purchaser agrees to be responsible for all costs of collection.

Terms of Payment–Foreign

Orders must be pre-paid by either wire transfer or check or major credit card. Acceptable alternative would be an Irrevocable Letter of Credit, drawn on a U.S. bank. A maximum $50.00 export processing charge will be added to each order. All other conditions of sale remain the same.