Lorch Commercial Wireless

TERMS OF PAYMENT
All invoices are due and payable 30 days from date of invoice unless otherwise negotiated at the time of order placement. No discounts are authorized. Unless credit has already been established, shipment will be made upon receipt of payment in advance. Each shipment shall be considered a separate and independent transaction, and payment therefore shall be made accordingly.

EXPORT TERMS OF PAYMENT
Unless specific terms have been arranged, full payment is required in U.S. Dollars in advance of shipment, or against irrevocable letter of credit confirmed by a U.S. bank. Lorch assumes no liability for bank charges, fees, duties, taxes, tariffs or other miscellaneous charges.

PRICES
Quoted prices do not include federal, state, or local excise taxes, export or special packaging or any compliance testing, (e.g. vibration, environmental, life cycle, etc.) unless specifically requested or identified.

F.O.B. POINT AND SHIPPING METHODS
Unless specified otherwise, all sales are considered to be made F.O.B. Salisbury, Maryland and title passes to the Buyer upon delivery to the carrier. Damage in transit is handled by the Buyer directly with the carrier. Shipments are made the most economical method using “best commercial practices” unless Buyer’s specific instructions regarding method and routing are provided in the purchase order.

CHANGE ORDERS AND CANCELLATIONS
Change orders are considered to be in effect after both the Buyer and Lorch Commercial WIreless have reached a mutual agreement as to the effect of the change on price, delivery, or other conditions of the order.

Cancellation of an order can be made only with Lorch Commercial WIreless’s written consent and upon such terms as will satisfy all costs incurred by Lorch Commercial WIreless and its proportionate profit on work completed. Lorch Commercial WIreless will stop work promptly upon receipt of written cancellation intent. All standard catalog products will be subject to a customary restocking charge or cancellation charge depending on the specific circumstances of the cancellation.

All Lorch Commercial Wireless products are manufactured to custom specifications based on specified frequencies of operation. Once manufactured, these products are custom in nature and cannot be restocked. Termination liability equals full order value within five (5) days ARO.

CUSTOMER/GOVERNMENT SOURCE INSPECTION
Should source inspection be required, it must be so indicated at the time the request for quotation is made and, subsequently, reflected on purchase order. There is a normal charge for source inspection on a per visit basis.

PUBLISHED SPECIFICATIONS
Lorch Commercial WIreless reserves the right to change, modify, amend or update any and all published specifications, literature, catalogs and other representation made regarding Products offered by the company for general sale at any time.

REPAIRS AND RECALIBRATION
Repairs and recalibration of Lorch Commercial WIreless products are made at the factory. Before returning any component, please contact Lorch Commercial WIreless directly for the assignment of an RMA number, shipping address, and instructions. A form will be provided requesting relevant Product information from the customer such as model number and serial number and as much information as possible about the reason for return. Allow at least two (2) working days for processing of repair authorizations. All non-warranty returns are subject to a minimum evaluation charge. An additional estimate of the cost to repair is based upon the cost of labor and materials, plus a service charge. Returns must be shipped prepaid to the attention of the Repair Department. All conditions, limitations, actions, and liabilities express or implied in the forgoing Lorch Commercial WIreless “Standard Warranty” apply to all returns regardless of conflicting Customer declarations unless otherwise agreed to in writing by Seller.

WARRANTY
Products manufactured by Lorch Commercial Wireless are warrantied against defective materials and workmanship for a period of one year from the date of shipment. Lorch Commercial Wireless’s obligation for any defect shall be limited to the repair of the defective part. Lorch Commercial Wireless assumes no liability if defects result from improper use, operation above rated capacities, repairs not made by us, or misapplication of equipment. No other warranty is expressed or implied. Lorch Commercial Wireless neither makes nor authorizes any other person to make any other warranty concerning its products. Lorch Commercial Wireless is not liable for consequential damages. Warranty returns must first be authorized by our sales office prior to return and must be returned pre-paid.

WARRANTY PERIOD
The warranty period shall commence on the date of shipment from Seller’s plant and extend twelve (12) months following the date of shipment. Upon beginning of said warranty period, all customer’s remedies shall be governed by the terms stated or referenced in this warranty. Replacement or repair under warranty does not extend the original warranty. In-warranty repaired or replacement parts or Products are warranted only for the remaining unexplored portion of the original warranty period applicable to the repaired or replaced parts or Products. After expiration of the warranty period, the Customer shall be charged at the then current prices for parts, labor, and transportation.

WARRANTY COVERAGE LIMITATION
All claims under warranty must be made promptly after occurrence of circumstances giving rise thereto and must be received within the applicable warranty period or written notification of the claim made prior to the expiration date and acknowledged by Seller. Such claims should be processed strictly pursuant to the section titled “Repairs and Recalibration” above. Seller reserves the right to reject any warranty claim not promptly reported and any warranty claim on any item that has been altered or has been shipped by non-acceptable means of transportation. When a Product is returned for examination and inspection or for any other reason, Customer shall be responsible for all damage resulting from improper packing or handling, and for loss in transit, not withstanding any defect or non-conformity claimed in the Product. In all cases, Seller has sole responsibility for determining the cause and nature of failure and Seller’s determination with regard thereto shall be final. If it is found that Seller’s Product, whether within the warranty period or not, has been returned without confirmed cause, Customer will be notified and the Product returned at the Customer’s expense; in addition, a reasonable charge for evaluation, testing, and examination made on Products so returned.

LIMITATIONS OF LIABILITY
Seller’s obligation under this warranty is limited in accordance with all conditions of sale. SELLER’S AGGREGATE LIABILITY IN DAMAGES OR OTHERWISE SHALL NOT EXCEED THE PAYMENT, IF ANY, RECEIVED BY SELLER FOR THE UNIT OR PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED, AS THE CASE MAY BE, WHICH IS THE SUBJECT OF CLAIM OR DISPUTE. IN NO EVENT SHALL SELLER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOS OR DAMAGES OF ANY KIND, HOWEVER CAUSED, LIABILITY TO THIRD PARTIES FOR BODILY INJURY INCLUDING DEATH, RELATING TO SELLER’S PERFORMANCE OR PRODUCTS DELIVERED HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH THE LAW’S OF MARYLAND AND SHALL NOT BE AFFECTED BY FOREGOING OR BY PROVISIONS HEREIN. PROVIDED HOWEVER, EACH PARTY HERETO EXPRESSLY AGREES TO HOLD THE OTHER HARMLESS WITH RESPECT TO SUCH PORTION OF SAID PERSONAL INJURY LIABILITY AS REFLECTS ITS OWN RELATIVE FAULT, INCLUDING THE FAULT OF ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS.

No action, regardless of form, arising out of, or in any way connected with, the Products or services, furnished or to be furnished by Seller, may be brought by Customer more than one (1) year after the cause of action has accrued.

THIS WARRANTY IS EXPRESSLY IN LIEU OF AND EXCLUDES ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR INTENDED PURPOSE, USE OR APPLICATION, AND ALL OTHER OBLIGTIONS OR LIABILITIES ON THE PART OF SELLER, UNLESS OTHER SUCH WARRANTIES, OBLIGATIONS OR LIABILITIES ARE EXPRESSLY AGREED TO IN WRITING BY SELLER.