ACCEPTANCE OF ORDER
These the terms of conditions of the sale between Lanner Electronics, Inc. (“Seller”) and the Buyer identified in the “Bill To” section and “Customer” section on the reverse side of these terms and condition (“Buyer”). All orders are subject to acceptance by Seller’s officer. Seller’s acceptance shall not be construed as an acceptance of printed terms and conditions on the purchase order form of the Buyer that are inconsistent with or additional to these terms and conditions unless specifically accepted in writing by Seller’s authorized officer. No sales representative, agent or employee of the Seller is authorized to alter, vary or waive any of these terms and conditions. Such changes require the written approval of Seller’s authorized officers.
1. Payment by Check
Please send your check payment to:
LANNER ELECTRONICS USA INC.
47790 Westinghouse Drive
Fremont, CA 94539
Attn: Accounts Receivable
This is same as our office address in the letterhead. We can provide our UPS or FedEx account if you want to use ours forwarder, and there will be $20 processing fee that you need to add to the check amount.
2. Payment by wire transfer/ ACH
Please wire payment to our bank:
Beneficiary Name: LANNER ELECTRONICS USA INC.
Beneficiary Bank: Cathay Bank Fremont Branch
Beneficiary Bank ABA Number: 122203950
Beneficiary Bank SWIFT Code: CATHUS6L
Beneficiary Account Number: 672008956
Beneficiary Bank Address: 46324 Warm Springs Boulevard, Suite 707, Fremont, CA 94539
Bank Contact: Gretta Ng or Email: email@example.com Tel: 510-624-8800 Fax: 510-683-9947
3. Payment by credit card
Please fill out the credit card authorization form with required information. Please note we will apply the processing fee for the transaction amount over $5,000. The processing fee is 3% of the transaction amount.
Invoices are due and payable in accordance with the terms stated on the official Seller invoice, and not according to the date of receipt of the products by the Buyer. An interest charge of 1.5% per month will be added to past due amounts. A $30 service charge applies on each return check, regardless of the reason. Any discrepancies must be reported within three (3) working days of receipt of products.
All prices are subject to change without notice. Orders for immediate shipment will be billed at the price in effect on the date the order is received. Order specifying post-date shipments may, unless otherwise agreed, be billed at the price on the date of the shipment.
Seller’s prices do not included any present of future sales, use, excise or other municipal, state or federal taxes. Consequently, in addition to the prices specified herein, the Buyer agrees to reimburse the Seller for any and all taxes which may become payable with respect to this transaction.
All shipments are F.O.B. shipping point with transportation charges prepaid to be reimbursed by the Buyer. We shall deliver the goods as soon as possible after the receipt of the order. However, the stated time of delivery is an estimate only, and Seller shall not be liable for delayed delivery or non-delivery caused by strikes, lockouts, fires and accidents, wars, riots, force majeure, a shortage of or an inability to obtain material, supplies, fuel, labor or shipping facilities, and on account of acts, demands, order or regulations of the municipal, state or federal governments, and any departments or agencies thereof whether or not legally binding on Seller, or for delayed delivery or non-delivery caused by any such delay extended for more than six months, Seller shall have the option of canceling the undelivered portion of the order. In no event shall the contract of sale be subject to cancellation by the Buyer as a result delay or for any other cause except by mutual written agreement between both parties. Cancellation and/or refusal of shipments are subject to delivery/freight charge.
Seller warrants to the original purchaser of Seller manufactured products against defects in materials and workmanship for a period of ONE (1) year from the date of original invoice. Products from other sources will carry their respective warranties provided by their manufacturers only, but will be warranted by Seller for a period of one (1) year. If a product should fail to conform to this contract or to any warranty outlined herein, Buyer’s remedy shall be limited to repair or replacement of the nonconforming product or part(s), at Seller’s discretion. This warranty does not cover damages caused by physical abuse, misuse, unauthorized repair or modification, improper installation, inadequate maintenance, excessive or inadequate electrical power, surges, or other irregularities or operation outside of the environmental specification for the product. Seller offers no software warranty, expressed or implied. Seller accepts no software exchange or return. Seller will indemnify Buyer for claims of intellectual property infringement in an amount only up to the amount of Seller’s net profit on the accused product purchased by Buyer from Seller. THIS WARRANTY SHALL BE IN LIEU OF ANY OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ANY NATURE, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL IN CONNECTION WITH OR RESULTING FROM THE USE OR SALE OF THE PRODUCT. THIS INCLUDES ANY LOSSES CAUSED DUE TO DEFAULT IN MANUFACTURING WORKMANSHIP. Please refer to our North America – Lanner Electronics warranties policy in force at that time.
Please contact Lanner Electronics Technical Support prior to requesting an RMA number. If determined necessary, an RMA Request Form will be faxed or e-mailed to you for warranty repair or return of any product. Follow the instructions on the RMA Request Form. Failure to follow the RMA procedures will delay receiving and processing Buyer’s item(s). Seller reserves the right to the issuance of an RMA number. Since most of our products are customized, return for refund will not be accepted under normal circumstances. In the event of hardware systems fail to operate during the first 30 days of ownership, Lanner will provide a replacement after receiving the unit back. For purposes of DOA policy, “Fail to operate” shall mean the product failure to substantially perform in accordance with Lanner technical specifications (“Hardware System Failure”) and shall not include cosmetic or other deficiencies that do not materially affect Hardware performance. The customer must ship the failure unit back to Lanner’s designated RMA centers according to shipping instruction. An authorization (RMA) number must be obtained from Seller in order to be acceptable. All returns must be in original packaging, including all warranties, instructions and accessories, and must be accompanied by a copy of original invoice along with a note detailing all problems, and the authorization number must be clearly marked on the shipping container otherwise the returned shipment is subject to refusal by Seller. If a product has been discontinued, a replacement item of equal value or a credit for current value will be issued at Seller’s discretion. No liability will be recognized for waiting of replacement of discontinued item. Seller may deduct amount for incomplete return.
In the event of a dispute between Seller and Buyer arising from this Agreement, California law will govern, jurisdiction and venue shall be in the appropriate Federal or State Court located in Los Angeles County, California, and the prevailing party is entitled to recover all reasonable attorneys’ fees and costs.