Deep-SeaLite®
User
Manual
6/19/02
9
11.
Terms and Conditions of Sale
No terms or conditions, other than those stated herein, whether contained in customer's purchase order or shipping
forms or elsewhere, and no agreement or understanding, oral or written, in any way purporting to modify or negate
these terms and conditions shall be binding on DeepSea Power & Light, Inc.
Acceptance of Orders
A. Acceptance of binding purchase orders are subject to final written approval by DeepSea Power & Light, Inc.
B. DeepSea Power & Light, Inc. will accept orders and bill in accordance with list prices and terms, even though
incorrect list prices, discounts and terms may appear on the Purchase Order.
Terms
Upon approved credit the following terms will apply:
A. Standard terms are net cash 30 days from date of invoice, unless otherwise specified. Invoices bear the date of
shipment and are mailed from San Diego, CA within one business day of the shipment.
B. Any portion of the Invoice amount which has not been paid within 30 days of the invoice date will accrue a
monthly service charge equal to the maximum rate permitted under Section 1, Article XV of the California
Constitution as amended by Proposition 2 effective November 7, 1979 (i.e., Federal Reserve discount rate plus
five (5) percent per annum) commencing 31 days after the invoice date. In the event of any litigation arising out
of this contract or any efforts by seller to enforce any of the terms of this contract, or to receive payment of any
sum under this contract, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs.
This contract shall be interpreted in accordance with the laws of the State of California and venue for any
dispute arising out of this contract shall be San Diego County, California.
Title and Risk of Loss
A. Unless otherwise specified in accepted purchase order, all products are shipped F.O.B. DeepSea Power & Light,
Inc. plant, San Diego, CA and title to the property passes to the buyer at the time of shipment. Buyer assumes
all risk of damage to or loss or destruction of said property and no loss, injury or destruction of said property
shall release buyer from the obligation to pay for this shipment.
B. Unless otherwise specified in accepted purchase order, DeepSea Power & Light, Inc. shall have the option of
partial or complete shipment of orders, and shall have the right to select the date of shipment, type of carrier,
and routing of shipment on behalf of Customer. DeepSea Power & Light, Inc. will make best efforts to meet
quoted shipment dates, but does not guarantee to ship products within the time quoted. DeepSea Power &
Light, Inc. shall not be held responsible for any failure to make delivery of all or any part of product or
nonperformance of services attributable to governmental action, strike or other labor dispute, riots, storm, flood,
epidemic, fire damage to or destruction in whole or in part of products, lack of or inability to obtain raw
materials, labor fuel, or supplies, or any act of God or other cause, contingency or circumstances within or
without the United States not subject to DeepSea Power & Light, Inc.'s control which prevents or hinders
manufacture or delivery of product or performance of services.
Termination
Purchase Orders accepted by DeepSea Power & Light, Inc. are not cancellable by Buyer unless all details are agreed
upon in writing by DeepSea Power & Light, Inc. and Buyer, including Buyer's agreement to assume termination
charges required by DeepSea Power & Light, Inc.
Returns
A. No product will be accepted for return, repair or replacement without first obtaining a Return Merchandise
Authorization (RMA) number.
The following information will be required:
1. Date of Shipment
2. Invoice Number and Sales Order Number
3. Customer Purchase Order Number
4. Any relevant technical data for failure description and circumstances.
B. New, unused, undamaged, fully operational, standard stock parts may be returned for credit, only with prior
written authorization, and will be subject to a $30.00 or 15% minimum handling charge, whichever is greater.
Items must have shipped from DeepSea Power & Light, Inc. no more than 30 days prior to requesting an RMA.
Return freight charges shall be paid for by Customer. Non-standard or used parts are not returnable.
