KUSTOM SIGNALS, INC.
TERMS AND CONDITIONS
1, APPLICABILITY. Unless otherwise specificd m a
written bid, quote or cantraci, the following terms and conditions
shall apply.
2. PRICES AND TAXES. Prices will be Kustom
Suwnals, Inc.'s (“Selfer"} prices in effect on the date a purchase
order is accepted by Selicr, and Seller may change its prices at
any time, in its sole discretion All prices will be FOB
Chanute, Kansas, and net of any duties, sales, use of similar
taxes, fees or assessments, and do not include shipping,
packoging or any insurance costs, all of which are Buyer’s
responsibelsty,
3. PAYMENT. Uniess otherwise provided on the face of
the tnvarce, payment is to be paid m US dollars aad m
accordance with the Selier approved tenms for Buyer. Partial
payments are not permitted unless authonzed m writing. Partial
payments will be treated os non-payment Each invoice ts
independent from shipping sequence and disputes relating to
other envotces. Fajlure to pay an invoice within 30 days will be
considered a default.
4. DELIVERY AND PERFORMANCE. Delivery dates
are approximate, Seller disclaims all habiliy for late or partial
dclivery. ScHer may deliver in such jois and at such mes as 1s
convenient for Seller,
5. LOSS IN TRANSET. Risk of joss will pass to Buyer
upon delivery of the goods to te carrier [nm case of breakage or
loss in transit, Buyer will have notation of same made on expense
bull before paying freight. Seller may reject claims for shortages
not made within {5 days of Buyer's recerpt of the goods
4. TERM INA TION, RESTOCKING CHARGES.
Buyermay terminate this purchase order for its convenience, in
whale or mn part, hy written, faxed or ielegraphic notice af any
time. If Buyer terminates this purchase order for convenience,
Buycr will be liable to Seller for Seller's reasonable cnsts
incurred tn the performance of this purchase order that Sefler
cannot mitigate. Unless otherwise agreed upon in advance in
writing by Seller, Seller may charge Buyer a 25% restocking fee,
if {a} upon approval by Seller, the Buycr returns any non-
defective goods cavered by this invoice, or (b) prior to shipment,
but after the goods atc produced by Selier, Buyer cancels the
order for the subject goods
7. WARRANTY. Scliers warranty 1s provided
separately
8. LIMIFATION OF LIABILITY. SELLER IS NOT
LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, OR
INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR
LOST SAVINGS, EVEN IF A SELLER REPRESENTATEVE
HAS BEEN ADVISED OF THE POSSIBELITY OF SUCH
LOSS, DAMAGES, CLAIMS OR COSTS, NOR i8 SELLER
LIABLE FOR ANY CLAIM BY ANY THIRD PARTY.
SELLER'S AGGREGATE LIABILITY UNDER OR IN
CONNECTION WITH THIS PURCHASE ORDER IS
LIMITED TO THE AMOUNT PAID FOR THE GOODS
9. INDEMNIFICATION, Buyer will indemnify, defend
and hold SeHer hormiess from al} losses, damages, liabilities and
costs, including attomeys' fees, incurred or sustatned by Setler as
a result of any third party claim made against Setier, including
claim by a customer of Buyer, arising from us negkigent,
reckless, willful, or intentonal actions in marketing and reselling
ihe goods
10. EXPORT RULES. Exports and re-export of the
goods may he subject to United States export controls and
sanctions administered by the US. Department of Commerce
Bureau of Industry and Securty under its Export Admintstration
Regulations ("EAR"). Buyer shall com ply with ail laws, rules and
regulations epplicoble to the export or re-expom of goods
including but not limited to EAR which includes, among other
things, screening pafentsal transactions against the U5
Goveminent’s (i) list of prohibited end users, and {iij list of
prohibited countries. Buyer represents and warrants that (i! it has
not been charged with, convicted of, or penalized for, any
violation of EAR ov any statute referenced in EAR §766.25, and
(u) it has not been notified by any government official of
com petent authority that at cs undec investigation for any violation
of EAR or any statute referenced in EAR §766.25.
LI. MISCELLANEQUS. These terms and conditions,
together with any other wntten agreement between Buyer and
Seller, any fi) are the exclusive statements of the parties with
respect to the subject matier and supersedes any prior or
canlemporaneous communications, {ii} may not be amended
except in writing exccuted by the parties and will prevail m any
case where the terms of Buyer's purchase order or other
communicanon are inconsisient; (ii) will be interpreted ond
enforced in accordance with the laws of the State of Kansas.
withoul giving effect to principles of conflicts of law These
terms and conditions are: (3} solely for the benefit of the parties,
and na provision of these terms and conditions will be deemed to
confer upon any other person any remedy, claim, !ability,
reimbursement, cause of action or other right. Each party
consents to the exclusive personal jurisdiction af the state and
federal couyts Ipcated m the State of Kansas for purposes of any
Suit, action of oiher proceeding ansing out of this A preement,
waives any argument that venue in any such forum ts not
convenient and agrees that fhe venue of any litigation initiated by
erther of them in connection with this Agreement will be in either
the Distnet Court of Johnson County, Kansas, or the United
States District Court, Districtof Kansas JF any provision of these
terms and conditions is utenforceable, the remaining provisions
will remain in effect No waiver (whether by course of dealing or
otherwise} 1s effective unless its made in writing and signed by
the party to be charged with such waiver Unless otherwise
specified in writing, notices must be given in writing by
registered or certified mail, return recetpt requested, addressed to:
Kustom Stgnals, Ine
Atm Sales Dept.
9652 Loiret
Lenexa, KS 66219
