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1. Payment. Unless
otherwise stated on the face hereof, all payments shall
be due upon receipt of invoice. On any amounts not paid
when due, customer agrees to pay interest at the rate of
1-1/2% per month (18% per year) or, if such rate is in
excess of the rate allowed by law, then the highest rate
allowed by law. In addition, customer agrees to pay all
costs of collection, including costs of litigation and
reasonable attorney's fees. CCSS, Inc. reserves the
right to obtain a security interest in the products sold
to customer, and in proceeds thereof, until payment is
made in full by customer. Customer agrees to execute
financing statements and other instruments at CCSS, Inc.
request. A $15.00 collection fee will be charged for all
dishonored checks.
2. Taxes. Unless otherwise
stated on the face hereof, stated prices do not include
any customs duties, sales, use, value added, excise,
federal, state, local or other taxes. All such duties or
taxes shall be paid by customer, or, in lieu thereof,
customer shall provide CCSS, Inc. with an appropriate
tax exemption certificate.
3. Title. Title to products
passes from CCSS, Inc. to customer upon shipment from CCSS, Inc.'s
facility.
4. F.O.B. and Risk of Loss.
Unless otherwise stated on the face hereof, all
shipments are F.O.B. CCSS, Inc.'s Sterling, Virginia
facility. CCSS, Inc.'s liability for delivery shall
cease, and title and all risk of loss or damage shall
pass to customer upon delivery to carrier.
5. Return Procedures. If
customer purchased product(s) directly from CCSS, Inc.,
the customer shall return the product(s) to CCSS, Inc.
pursuant to the following terms. Customer must obtain a
Return Material Authorization ("RMA") number
by calling customer service at 1.703.433.0050. Returned
products should be shipped to the following address:
CCSS, Inc.
Attn: RMA Dept - RMA# _______
22500 Davis Dr. Unit 120
Sterling, VA 20164
Customer shall return the products to CCSS, Inc.
in the original packaging. CCSS, Inc. will not be
responsible for damaged parts if customer does not
follow this process. Please retain shipping information,
including tracking numbers, until your account has been
credited by CCSS, Inc. or replacement product is
received. If CCSS, Inc. determines that failure of the
product(s) was not a result of a defect in materials or
workmanship, CCSS, Inc. reserves the right to charge
customer a 15% restocking fee. CCSS, Inc.
will advise customer prior to assessing these charges.
6. Entire agreement. These
terms and conditions, including those on the face
hereof, constitute the entire agreement with regard to
this sale and expressly supersede and replace any prior
or contemporaneous agreements, whether written or oral,
relating to said sale, including any terms and
conditions on any of customer's documents or purchase
orders. This agreement shall be binding upon the heirs,
successors and assigns of the parties hereto. If any
provision of this agreement shall be held to be invalid
or unenforceable, the remainder of this agreement shall
remain in full force and effect.
7. Governing law, jurisdiction and
costs. This agreement is governed by the laws of the
State of Virginia, without regard to its conflict or
choice of law provisions. Customer acknowledges and
agrees that Virginia is an appropriate place for venue
of any litigation and that Virginia courts have
jurisdiction over this agreement and customer. In the
event the customer and CCSS, Inc. are unable to resolve
any customer dispute, and any collection action, suit or
other judicial proceeding is commenced, the prevailing
party in any such collection action, suit or judicial
proceeding shall be entitled to recover its costs and
reasonable attorneys' fees incurred.
8. Terms and Conditions. This
sale is subject to the terms and conditions stated
herein, which are in lieu of and replace any and all
terms and conditions set forth in any documents issued
by customer, including, without limitation, purchase
orders and specifications. In case of conflict between
the terms and conditions stated here and those on the
face hereof, those on the face hereof shall control. ANY
ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND
CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER AT
ANY TIME ARE HEREBY OBJECTED TO BY CCSS, Inc., AND ANY
SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE
MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON CCSS, Inc..
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