GENERAL:  No terms or conditions other than those stated herein, and no agreement or understanding, oral or written, in any way purports to modify these terms. Any clause required being included in a contract of this type by any applicable law or administrative regulation having the effect of law shall be deemed to be incorporated herein.

GOVERNING LAW:  All rights and obligations under the terms and conditions of this document, shall be governed by the laws of the State of California without regard to conflict of law rules or principles which might refer to the law of another jurisdiction. Buyer agrees to exercise any right or remedy in connection with these terms and conditions exclusively in, and herby submits to the jurisdictions of the State of California, Courts of Orange County, California, or the United States District Court at Santa Ana, California. State and Federal courts situated in Orange County, California will have jurisdiction and venue over any dispute or controversy that arises out of these terms and conditions.

WARRANTY:  Caliber warrants that its products will be free from material defects and further warrants that such products will conform to the description and/or specified parameters set forth in the Caliber Specifications Sheets. Caliber Electronics’ specifications sheets are subject to change without notice.

The warranties set forth herein are expressly in lieu of any other express or implied warranties, including any implied warranty of merchantability or fitness for a particular purpose and of any other obligation on the part of Caliber. No descriptions other than those in this document or in the Caliber’s specifications shall be deemed a warranty by description or otherwise have any legal effect. If examples were exhibited to buyer, same were for general informational purposes only and shall not be deemed a warranty by sample or model or otherwise have any legal effect.

Buyer shall notify Caliber Electronics of any or all products to be defective. All products whole or partial found to be defective or incorrect parts, shall be returned to Caliber insured and freight prepaid by Buyer to Caliber Electronics. Caliber’s Quality Assurance department will evaluate returned product, to determine the validity of the claim and to generate the necessary corrective action. All returned product requires an RMA and product discrepancy report. Replaced or repaired product will be returned to Buyer, freight prepaid and insured by Caliber. If Buyer damages product returned, Liability is voided. Product returned not qualifying for warranty work will be returned at Buyer’s expense and risk. Warranty section states Buyer’s sole and exclusive remedy for breach of warranty. Caliber may charge Buyer processing charges for any handling of such products.

PRICE:  All prices are subject to change without notice and will be established at the time order is accepted by CALIBER Electronics. Price quotations are in effect for the period of thirty (30) days from the date of the quotation, unless otherwise specified in the quotation. All prices are based on shipments made FOB San Clemente, California USA. Minimum one hundred dollar ($100) order per shipment or scheduled order shipment within the US and two hundred and fifty dollar ($250) order per shipment or scheduled order shipment International, unless otherwise approved by Caliber Management.

DELIVERY:  Product will be shipped in quantities and on specified delivery dates referenced on accepted purchase orders received from Buyers and Caliber shall make its best efforts in meeting those requests. Unless Buyer specifies shipping instructions, a carrier designated by Caliber Electronics will ship product for delivery. Caliber Electronics shall not be liable for delays or defaults in delivery, due to causes beyond Caliber’s control and without its fault or negligence.

FREIGHT DAMAGE:  All claims for shortage, damage or shipment errors must be made within 7 days after receipt of shipment. Our liability shall be limited to the invoiced value of the materials or its replacement. Caliber Electronics Management must authorize all returns. If merchandise has been delivered and found to be damaged in transit, contact your Caliber Electronics representative. Carton, packing and material must be retained for filling your claim. On returns to our facility no credit can or will be allowed for items damaged in transit, shortage or shipment errors from Buyer.

PAYMENT:  Available payment options accepted: Check, Money Order, COD, and wire transfers. Upon credit approval, payment terms will be net thirty (30) days. A one and a half percent (1.5%) service charge will be added for every month or part of a month that the amount due remains unpaid after its due date.

SALES AND OTHER TAXES:  Buyer agrees to pay Caliber Electronics any amount of federal, state, county, municipal or other taxes, duties, tariffs or customer charges incurred, foreign or domestic, which Caliber Electronics is required to pay on account of the ownership at the place of installation or during transit of the product which is the subject of this contract, or an account of the transportation, sale, or use of the product. Caliber Electronics does not remit sales tax to states, other than California. Product price shown on the sales order do not include any taxes, import or export duties, tariffs, or custom charges.

CHANGES:  All changes must be authorized by Caliber Electronics Management and must be submitted in writing. Buyer will be notified in writing; any approved changes that effect the purchase order and will list, if any, the amended cost and/or delivery considerations to be incurred. The change shall be made once the Buyer accepts in writing Caliber Electronics approved changes. Buyer shall not have grounds to cancel an existing order due to Caliber Electronics not accepting a change by Buyer.

CANCELATIONS: All sales orders are non-cancelable, non-returnable and non-reschedulable to CALIBER Electronics unless otherwise granted in writing by CALIBER Electronics Management. Buyer shall be responsible for the full purchase price of any product that is in production, completed, or in transit.

LIABILITY:  Buyer’s exclusive remedy for products that are defective shall be for damages. CALIBER Electronics total liability for any and all losses and damages arising out of any cause whatsoever, whether cause be based on negligence, contract, strict liability, other tort or otherwise, shall not exceed the purchase cost of the products with respect to which such cause arises at the option of CALIBER. CALIBER shall in no event be liable for incidental, consequential or punitive damages, resulting from any such cause.

PROCESSING CHARGE:  A $6.00 processing fee applies to all orders. An additional $20 processing fee applies to all orders scheduled for Saturday delivery.

CERTIFICATE OF COMPLIANCE:  Test reports or certifications for products and/or material are on file with us or with our suppliers, and may be examined at any reasonable time to verify conformance of the product or material with applicable requirements.