PERCOM GmbH

Percom Terms & Conditions

Order Acceptance

All Percom orders are expressly limited to the terms and conditions stated in this document, and no other terms are applicable. The terms and conditions apply to all aspects of Percoms business (new product sales, warranty and non-warranty service). All orders received by Percom are considered binding at the time of receipt. Percom will pursue order pull-in requests on a “best effort” basis. Delivery push-out requests are not allowed after receipt of the purchase order. Blanket purchase orders must be consumed within one year from the date of the first release delivery. Additional or different terms will not be applicable unless agreed upon in writing by an authorized representative of the buyer and the General Manager of Percom.

Warranty/Product Returns

Percoms products are guaranteed to function without failure for a period the Manufacturer has agreed to, from the shipment date on. Percom does not guarantee the performance of the products in applications for which they may not be appropriate (please see Limitation of Liability). This warranty does not include LCD Display aging or -breakage due to shipping damage or customer mishandling. In the unlikely event of a malfunctioning unit, Percom must be contacted prior to return shipment. The customer has the right to return the product to Percom by ground transportation freight prepaid. Percom will promptly repair or replace the product, at its sole discretion, and return to the customer by ground transportation prepaid. Repaired or replaced Products will carry the remainder of the original warranty. The warranty is only applicable to the original purchaser of the product. This warranty shall not apply to any products that have been sold in lieu of a warranty or have been subjected abuse, mishandling or modification.

Limitation of Liability

In no event, whether as a result of breach of contract or warranty, tort (including negligence) or otherwise shall Percom be liable for any consequential, incidental or exemplary damages, including, without limitation, any loss of profit or revenue, loss or use of any equipment, or downtime costs. No other warranties express or implied, including the warranty of merchantability and fitness for a particular purpose, will apply to goods sold unless the parties shall otherwise agree in writing. Any oral statements about the order do not constitute warranties and shall not be relied upon by the customer and are not part of this agreement.

Pricing/Payment

All prices are in EUR. Pricing is subject to change without notice and does not include shipping and handling. Payment can be in the form of C.O.D. or an open account can be established with Percom upon the approval of customer provided credit references. Open account payment terms are Net 14 days from the date of shipment unless otherwise agreed upon in writing by Percom. If payment is made via a letter of credit, all related bank transfer fees (country of origin and Europe) would be the responsibility of the buyer. All new product shipments are sent at the expense of the customer. Orders shipped outside of EU are also subject to any applicable duty costs.

Penalties

If any open account payments are more than 10 days beyond their due date, they are subject to a 1.5% of total invoice penalty per month.