Non-cancellable / Non-returnable Products Sales Conditions

 
Buyer hereby acknowledges that all orders for special, custom, value-added and other non-standard and/or non-franchised products ("NC/NR Products") placed with TVI Electronics, LLC., ("Seller") are non-cancellable, non-returnable and non-reschedulable, including but not limited to, NC/NR Product(s) ordered under such purchase order numbers listed below. No return of NC/NR Product(s) will be accepted by Seller unless defective and only with a returned material authorization number ("RMA No.") which shall be issued at the Seller's sole discretion.

Seller shall not be liable for failure to fulfill the purchase orders listed below or for delays in delivery due to causes beyond its reasonable control, including but not limited to acts of God, acts or omissions of the other party, acts or omissions of civil or military authority, Government party, acts or omissions of civil or military authority, Government priorities, material shortages, fire, strikes, floods, riots, war, and delays in delivery or transportation. The time for performance of any such obligation shall be extended for the time period lost by reason of the delay.

Seller makes no warranty, express or implied with respect to NC/NR Product(s) IN PARTICULAR, SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE NC/NR PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR USE OR PURPOSE OR RESPECTING INFRINGEMENT. However, Seller will transfer to Buyer whatever transferable warranties and indemnities Seller receives from the manufacturer of the NC/NR Products. BUYER SHALL NOT IN ANY EVENT BE ENTITLED TO, AND SELLER SHALL NOT BE LIABLE FOR DAMAGES, WHETHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OF ANY NATURE INCLUDING, WITHOUT BEING LIMITED TO LOSS OF PROFIT, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, INJURY TO REPUTATION OR LOSS OF CUSTOMERS. BUYER'S RECOVERY FROM SELLER FOR ANY CLAIM SHALL NOT EXCEED BUYER'S PURCHASE PRICE FOR THE PRODUCTS IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.

The parties agree that the conditions of sale of the NC/NR Product(s) hereunder shall prevail, notwithstanding contrary or additional terms and conditions in any purchase order, acknowledgment, confirmation or any other form or document issued by either party effecting the purchase and/or sale of the NC/NR Product(s).