Terms and Conditions

These Terms and Conditions const itute an agreement between Sakar
Technology, LLC (“Sakar”) and the purchaser of Sakar’s products, such
agreement defined as follows:


1. Prices. The prices and products and/or services of Sakar to be sold
hereunder are listed on the attached agreement between Sakar and the
purchaser. Sakar’s prices are subject to change without notice. Prices do not
include sales tax, customs duties or fees, which shall be the responsibility of
the purchaser.


2. Orders. Orders placed with Sakar are subject to written approval and
confirmation by Sakar.


3. Payment. All payments shall be made in US dollars. Payment is due in
full thirty (30) days after the date of shipment of any products purchased by the
purchaser. Interest will accrue at a rate of one percent (1%) per month on all
overdue accounts.


4. Shipment. Freight charges will be prepaid and charged unless otherwise
agreed in writing. If Sakar agrees to act as the purchaser’s agent to arrange
delivery of products and/or services, (i) the purchaser will provide a full and
correct address to which the products and/or services are to be delivered, (ii)
the method and route of shipment are to be determined in Sakar’s sole
discretion, (iii) all shipments will be insured at the purchaser’s expense and
will be made at the purchaser’s risk, (iv) the purchaser will indemnify and
hold Sakar harmless from and against all claims, losses liabilities and
expenses (including attorney fees and costs) arising out of any acts of Sakar
while so acting as the purchaser’s agent. Sakar will use reasonably
commercial efforts to meet shipment schedules; however, Sakar assumes no
liability, consequential or otherwise, because of any delay or failure to
deliver all or any part of the purchaser’s order for any reason, including but
not limited to Sakar’s active or passive negligence.


5. Limited Warranty. Sakar warrants that products delivered (including
purchaser supplied components for integration, i.e. chillers, lasers, fibers, etc.)
under an order by the purchaser will be free from defect in material and
workmanship for twelve (12) months from the date of shipment. Warranty
extendable for up to sixty (60) days for installation and purchaser acceptance
of system. The warranty does not extend to any products which have been
subject to misuse, accidental or improper installation, maintenance or
alteration, nor does it extend to any labor charges for removal and/or
replacement of the non-conforming or defective product or part thereof. This
warranty is in lieu of and excludes all other warranties, express or implied,
including but not limited to warranties of merchantability or fitness for a
particular purpose. Sakar shall have no liability for special, indirect, liquidated
or consequential damages, including but not limited to damages for lost profits
or injury to persons or property. Any liability under this warranty shall be
limited at Sakar’s option to: repairing or replacing at Sakar’s expense the nonconforming
or defective product or part thereof or providing for the return of
such product or part thereof and granting credit for the purchase price.


6. Returns. Products may only be returned by Sakar’s written permission.
Products returned must be returned in freight prepaid in good saleable
condition.


7. Indemnification. Sakar’s liability with respect to any claim put forth by
the purchaser shall not exceed the invoice price of the products as to which
the claim is made. The purchaser shall be responsible for inspecting and
testing all products delivered to it hereunder prior to use by the purchaser.
Any claim with respect to the products must be made no later than sixty (60)
days after the date the purchaser received shipment of the product or prior to
the first use thereof, whichever is earlier. Failure by the purchaser to assert a
written claim against Sakar within such time shall constitute a waiver of any such claim.

The Purchaseragrees to indemnify and hold Sakar harmless from and against all claims,
losses, liabilities and expenses (including attorney fees and costs) arising
out of the handling, possession, use or sale of any products hereunder.


8. Proprietary Information. Any proprietary information provided by
Sakar to the purchaser will remain the property of Sakar and will be held
in confidence by the purchaser. Upon the written request of Sakar, any
such information shall be returned to Sakar. The purchaser may not use
any such information for any purpose other than its intended use hereunder
without the express written consent of Sakar.


9. Force Majeure. Failure of Sakar to deliver or of the purchaser to
receive a delivery hereunder when due shall not subject any party so
failing to any liability to the other if such failure shall be caused by act of
God, the public enemy, governmental action, fire, explosion, flood,
drought, war, riot, sabotage, embargo, strikes or other labor trouble,
failure of any Sakar suppliers or any sub-contractor to deliver on
schedule, interruption of or delay in transportation, shortage of fuel, or by
any other event or circumstances beyond the reasonable control of the
party so failing.

 

10. Failure to Purchase. Should the purchaser terminate the purchase
of products contemplated hereunder for any reason prior to purchasing
and paying for the full quantity or products required to be purchased,
upon such termination if the products required to be purchased are not
saleable to other customers within a reasonable time (as determined by
Sakar), the purchaser will pay Sakar an amount equal to the entire
contract price thereof. If such products are saleable to other customers
within a reasonable time (as determined by Sakar), the purchaser shall
pay to Sakar, as liquidated damages, an amount of twenty-five percent
(25%) of the contract price for the quantity of goods the purchaser was
required to but did not purchase.


11. Venue, Attorney Fees. Any controversy or claim arising out of or
related to these Terms and Conditions, or the breach thereof, shall be
settled in Clark County, Washington. If any party to these Terms and
Conditions brings a cause of action against the other party arising from or
relating to these Terms and Conditions, the prevailing party in such
proceeding shall be entitled to recover reasonable attorney fees and costs.

12. Interpretation. If any portion of these Terms and Conditions is found
to be invalid, such provision shall be deemed severed, and these Terms
and Conditions shall continue in full force and effect. These Terms and
Conditions shall be interpreted and governed in accordance with the laws
of the State of Washington.

 

13. General. These Terms and Conditions together with the purchase
order set forth the entire agreement of the parties with respect to the
subject matter hereof and supersede and replace all prior discussions,
writings, or understandings between the parties. These Terms and
Conditions may only be amended or terminated by a writing signed by
both parties. These Terms and Conditions are accepted by the purchaser
if the purchaser does not object to them within five (5) business days of
receipt of these Terms and Conditions or upon acceptance of delivery of
products sent from Sakar, whichever is earlier. Stenographic and clerical
errors are subject to correction as agreed upon by the parties

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Copyright © 2018 Sakar Technology

Sakar Technology

600 S 74th Place

Suite 103B

Ridgefield WA 98642

USA