SALES TERMS AND CONDITIONS:
All sales made by DataBand Communications to its customers are subject to these terms and conditions. Purchaser's acceptance of these terms and conditions shall be made by either: (i) Purchaser providing a purchase order number to DataBand Communications or (ii) Purchaser’s acceptance of any Product from DataBand Communications whichever occurs first.
These terms and conditions shall apply to sales of all products described in DataBand Communications current comprehensive product listing including special order product.
All prices are subject to change without notice and will be established at time of order acceptance by DataBand Communications Order acceptance and sale by DataBand Communication occurs at time of shipment.
SHIPMENT AND DELIVERY
Purchaser shall examine all Products upon receipt and shall notify DataBand Communications, as specified herein, of all discrepancies and refusal to accept delivery of purchased Product. Such notice shall be reasonably detailed and explain the discrepancy or why the purchased Product was refused. If Purchaser does not give DataBand Communications such notice as stated herein, Purchaser agrees that such Products have been accepted by Purchaser as of the date of shipment.
If Purchaser fails to make timely payment of any amount invoiced hereunder, DataBand Communications shall have the right, in addition to any and all other rights and remedies available to DataBand Communications at law or in equity, to immediately revoke any or all credit extended, to delay or cancel future deliveries and/or to reduce or cancel any or all quantity discounts extended to Purchaser. Purchaser shall pay all costs of collection including reasonable attorneys’ fees. Any obligation of DataBand Communications under these terms and conditions to deliver Products on credit terms shall terminate without notice if Purchaser files a voluntary petition under a bankruptcy statute, or makes an assignment for the benefit of creditors, or if an involuntary petition under a bankruptcy statute is filed against Purchaser, or if a receiver or trustee is appointed to take possession of the assets of Purchaser.
These terms may be amended from time to time without notice at the sole discretion of DataBand Communications.