Strata Systems

PRICE

Strata Systems Inc. selling prices are its prices in effect on the date of shipment.

PAYMENT

All payments shall be made on one of the following terms:
Payment in advance.
Credit Card Payment (Visa, M/C, Discover & Amex).
Net 30 day terms, with approved credit

SHIPMENT

All sales contracts are shipment contracts.  Strata Systems reserves the right to designate the routing on all shipments.  Strata Systems will attempt to honor but will not guarantee requested shipping or delivery dates.  All shipments shall be F.O.B. point of shipment.  Buyer shall be responsible for settling all claims with the carrier.

WARRANTIES ON GOODS

Strata Systems represents that all goods manufactured by Strata Systems will be free from defects in material or workmanship for a period of  one (1) year from date of shipment. STRATA SYSTEMS MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.

LIMITATION ON STRATA SYSTEMS' LIABILITY

Strata Systems will replace without charge, refund the purchase price or make a fair allowance for any noncompliance with the description of the goods or any defect in material or workmanship, demonstrated to its satisfaction to have existed at the time of delivery.  Strata Systems will not be liable for consequential damages and under no circumstances will Strata Systems' liability exceed the price for defective goods.  The remedies set forth herein are exclusive and in substitution for all other remedies to which Buyer would otherwise be entitled.  Buyer must notify Strata Systems  within 7 days of receiving products if Buyer is dissatisfied with products for any reason.  Failure to do so will indicate full acceptance of the products by the Buyer.  Strata Systems will be given a reasonable opportunity to investigate all claims, and no goods may be returned to Strata Systems until after receipt of definite shipping instructions from Strata Systems.  Buyer must commence any action arising out of, based upon or relating to an agreement of sale, or the breach thereof, within six (6) months from the date the cause of action accrued.

AGENT'S AUTHORITY

Buyer understands and agrees that no agent, employee or representative of Strata Systems has authority to bind Strata Systems to any affirmation, representation or warranty concerning the goods, and Buyer further understands and agrees that any such affirmation of fact, promise, or representation made by any agent, employee or representative of  Strata Systems shall not constitute a warranty.

FORCE MAJEURE; ALLOCATION

Failure of Strata Systems to make, or Buyer to take, all or any part of any shipment of such failure is due to acts of God, war, labor difficulties, breakdown or damage to Strata Systems plant facilities or Buyer's receiving facilities, embargoes, shortages of any raw materials or energy, shortages of transportation equipment, compliance with any law or any regulation or order of any public authority and any other cause either similar or dissimilar beyond the control of the party so failing, shall not subject such party to any liability to the other party, and in such event, at the request of either party, the total quantity of goods to be shipped will be reduced by the quantity not shipped due to such causes.  Should Strata Systems at any time be unable, due to any of the aforesaid causes, to supply its own and all of its customers' requirements (including customers not under supply contract) of any goods, Strata Systems will allocate its available supply of such goods to its customers on such terms as it may deem advisable, and in such event Strata Systems shall not be liable to Buyer for failure to ship Buyer the full quantity of the goods contracted for and the balance of any such order will be canceled.