Tri Source, Inc. - It's what's inside that counts...

The following policies and procedures govern the purchase of all product and/or services from Tri Source Inc., hereinafter referred to as TSI. Please read the following sections carefully. All submitted orders are accepted contingent upon acceptance of these terms.

DEFINITIONS

“Product" shall mean any and all products and/or services offered for sale by TSI on the company’s web site or other sales materials (ads, catalogs, specifications sheets etc.), or by authorized company representatives, including but not limited to power supplies, charging systems, electronic systems and/or sub-assemblies, mechanical assemblies and/or documentation.

ORDER ACCEPTANCE

All orders for Product placed with TSI shall be subject to acceptance by TSI. Notwithstanding any order confirmation or other communications sent by TSI, orders shall not be deemed accepted by TSI until shipment of the Product ordered. Submission of any order shall constitute full acceptance of these terms and conditions.

ORDER CANCELLATION

No order accepted by TSI may be cancelled by Buyer except by mutual agreement in writing. TSI reserves the right to adjust the billing prices applicable to quantities actually delivered to reflect the lower quantity pricing. In addition, cancellation charges will be assessed and shall include the cost of materials purchased, labor (direct and indirect) expended and the administrative expenses associated with returning purchased material where possible inclusive of restocking charges.

ORDER RE-SCHEDULE

No order scheduled for delivery within sixty (60) days will be allowed to be rescheduled. Upon written notice to TSI, Buyer may reschedule any order scheduled for shipment beyond sixty (60) days from the date of receipt by TSI as long as it is within the overall terms of the accepted P.O. by TSI. Buyer’s request for rescheduling any order is limited to one time for a maximum of thirty (30) days.

PRODUCT CHANGES/CONDITION

TSI may, at its discretion update, revise and/or discontinue any revises Product at any time. TSI Product(s) are new unless specified as refurbished.

CRITICAL COMPONENTS

Product(s) are not authorized for use as critical components in life support systems or situations where failure to perform can reasonably be expected to cause significant injury to users or others.

Arrangement for payment terms must be made prior to submission of an order for Product. All such TSI payment terms are subject to change without notice at TSI's sole discretion.

Interest shall be due and payable on all balances that exceed the agreed to payment terms specified in our quote and/or confirmation of the customer’s P.O. when given. The interest shall be calculated based on the number of days overdue divided by 365 times the annual interest rate of 12% per year. Interest shall be compounded monthly.

If Buyer fails to make payments within the terms of the P.O., TSI may seek whatever remedy TSI feels necessary to collect any funds owed for product delivered and not paid for and/or cancellation charges owed on the remaining product in process and not yet shipped. All expenses incurred by TSI to collect funds owed to it shall be reimbursed by the Buyer in addition to monies owed for product delivered, product in transit, product in the process of manufacture and other cancellation costs associated with this P.O.

Quoted prices do not include any sales, local or other similar taxes. Where applicable, taxes may be shown on and added to invoices for Product. All such taxes are the responsibility of the purchasing customer and must be paid, or in lieu thereof, customer must provide TSI with an appropriate tax exemption certificate.

If Buyer defaults, TSI may decline to make further shipments and/or may terminate Buyer’s order without affecting TSI’s rights and remedies including, but not limited to, any right to cancellation charges and quantity price adjustments. If TSI continues to make shipments after Buyer’s default, TSI’s actions do not constitute a waiver nor affect its legal remedies.

Product deemed to be defective may be returned to TSI for repair or replacement, at TSI’s discretion. No return will be accepted without a valid return authorization (RMA) number. To obtain an RMA number, contact TSI Customer Service at (203) 926-9460. RMA numbers must be noted on the outside of the returned Product's packaging and must be referenced in all correspondence. Damage and missing part fees may apply. RMA’s are valid for only 30 days from date of issuance. Customers assume all risk of loss or damage to product while in transit to TSI and are responsible for and must prepay all shipping charges.

TSI makes no warranties except those stated herein and or as stated in specific documentation included with Product. With respect to third party (i.e.,. Non-TSI branded) Product, such Product(s) are sold by TSI “as is”. However the third party manufacturer or supplier of said Product may offer its own warranties, which in no way bind or create liability for TSI. TSI expressly disclaims all other warranties, expressed or implied, including without limitation implied warranties of fitness for a particular purpose and any implied warranties of non-infringement.

TSI's liability shall be limited exclusively to the price paid for Product. In no event shall TSI be liable for any indirect, special, incidental or consequential damages resulting from performance or failure to perform under this agreement, or from the furnishing, performance or use of any goods or service sold pursuant hereto, whether due to a breach of contract, breach of warranty, negligence, or other circumstances. TSI shall have no liability for indirect or punitive damages, or for any claim by any third party except as expressly provided herein.

The trademark "Tri Source Inc." and any other Product names, service names or logos of TSI used, quoted and/or referenced in this web site are trademarks or registered trademarks of Tri Source Inc. Other product names and/or company names used in the web site may be protected as their trademarks and/or trade names.

The terms and conditions contained herein may not be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to supplement or amend these terms and conditions or to enter an order for Product subject to additional or altered terms and conditions shall be null and void.

This agreement and all purchases hereunder shall be governed by and construed under the law of the state of Connecticut, without regard to conflicts of laws rules. Submitted orders will be construed as agreement that the courts of the state of Connecticut shall have exclusive jurisdiction over the parties for all disputes. Parties hereby waive trial by jury with respect to any dispute relating to this agreement or your order.

TSI shall not be liable for any delay or failure in performance caused by or resulting from acts of God, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failures, or any other causes beyond the control of TSI. Product quantities are subject to availability. In the event of shortage, TSI may allocate sales and deliveries in its sole discretion.

Failure of TSI to insist upon strict performance of any provisions hereof shall not be deemed a waiver of its right and remedies. If any provision of this agreement is deemed by a court to be unenforceable, the remainder shall stay in effect.