US Digital

Rev. 06.26.08

1. Acceptance

   US Digital products can be purchased by executing a verbal order, a written purchase order or a faxed order form found on our website. A confirmation is provided on all orders received. Upon a buyer placing a purchase order either written or verbal and US Digital acceptance of that order, the Terms and Conditions of Sale set forth in this document are agreed upon by the buyer and are considered in effect. US Digital does not accept any other conditions governing the sale of products unless otherwise accepted by US Digital in writing before order is placed.

2. Prices and Terms of Payment

   Orders are accepted subject to US Digital's published selling price or written quotation in effect at the time of product order. Payments are to be made in US Dollars collectable at par at a US Bank. Payment in full is expected at the time of product shipment unless other terms or arrangements have been agreed upon by US Digital. US Digital offers customers the following payment options:

   • Credit Card: US Digital accepts American Express, Discover Card, MasterCard and Visa.
   • COD: (US customers only)
   • NET 30: (US customers only) Invoices must be paid WITHIN 30 DAYS of the invoice date. US Digital offers Net 30 terms to companies who pay their invoices within Net 30 terms. To process an open account, the following may be required: four Net 30 credit references (with history over 1 year), a Dun and Bradstreet number for the address of your accounts payable department, and a Net 30 agreement (which US Digital will provide) signed and completed by your Accounts Payable Dept. US Digital must contact your references and receive a response back from them. A time period of up to one working week is required from the receipt of the signed Net 30 agreement to the opening of the Net 30 account.
   • Prepay by Check or Money Order: If you would like to prepay for your shipment by advanced check or money order, please contact us for a Proforma invoice total, which will include shipping and any other applicable charges.
   • Prepay by Wire Transfer: Please contact US Digital for a Proforma invoice total which will include shipping costs and any other applicable charges. To cover bank fees incurred for ACH or wire transfers, an additional wire transfer fee will be charged to cover the bank fee. As soon as US Digital receives confirmation from our bank we will build and ship your order.
   • All duties & taxes are the customers' responsibility.

3. Right of Refusal

   US Digital reserves the right to refuse any order or purchase order, verbal or written, that it deems to be unreasonable or stipulates Terms and Conditions of Sale that are in conflict with US Digital's standard Terms and Conditions of Sale, or for any reason at the discretion of US Digital.

4. Cancellation and Charges

   Each order is built to the customer's specifications. Many shipments are released to the factory for assembly within hours of the order being placed. Therefore, depending on the manufacturing status and nature of the request, order cancellation or changes may not be allowed or may incur additional restocking charges.  Scheduled deliveries cannot be changed prior to the week of ship date.

5. Washington State Sales Taxes

   US Digital product pricing or shipping costs do not include Washington State sales taxes. The taxes are the responsibility of the buyer and will be added as a separate line charge on the invoice. Washington State sales taxes may be waived if a valid reseller ID certificate is provided to US Digital at the time of product order. Washington State sales taxes are only applied to businesses or residents with a physical location inside the state of Washington.

6. International Duties & Taxes

   US Digital product pricing or shipping costs do not include international duties and taxes. Any charges for customs clearance, import duties and taxes are payable by the recipient. Customs policies vary widely between countries. The rates are determined by the customs brokers for each country and paid by recipient upon arrival of goods. US Digital cannot determine what these fees may be and is not liable for any import duties or taxes. Please contact your local customs office for further information.

7. Shipping

   All shipments are FOB (Free On Board) US Digital's facility in Vancouver, Washington. For domestic customers, US Digital offers overnight, 2 day, 3 day or ground shipping methods. Domestic and International orders may be shipped by UPS unless otherwise defined by customer at time of order. Shipping by carriers other than UPS requires the buyer to pay shipping charges with their own carrier account. All shipping and insurance costs are the buyer's sole responsibility. Shipping or delivery dates are not guaranteed, but are based upon best information available at the time and are subject to change without notice. US Digital will not be held responsible for any costs, damages or fees relating to parts arriving earlier or later than quoted. Special requirements for packaging must be identified at the time of order and may be subject to additional charges. US Digital assumes no liability beyond delivery of shipment to the carrier. Claims for damage during shipping should be made to the carrier.

8. Returns

   An RMA (Return Material Authorization) number is required to return any product to US Digital. RMA numbers are only issued by US Digital's sales group and must be clearly marked on the outside of the returned material package. Shipping charges must be prepaid for any returned materials. International RMAs must state that the product is returning to the 'Country of Origin' on all returned paper work in order to avoid additional customs fees.

9. Repairs

   If it is necessary to return product for repair, please contact US Digital technical support to obtain an RMA number.  Along with the RMA, the return must include a valid purchase order number, return billing and shipping instructions, as well as a contact name and telephone number. Please include a brief description of your application and information regarding the problem with the product. All shipping charges on returned products must be prepaid. All repairs are FOB US Digital's factory.

10. Warranty

    US Digital warrants its products against defects in materials and workmanship (according to US Digital's published minimum/maximum specifications) for two years from time of shipment. Orders are built to the customer's specifications; therefore, a restocking charge may be applied for cancellations, order changes, and returns unless due to a manufacturer's error. Authorization must be obtained before returning parts. If US Digital receives notice of such defects during the warranty period, US Digital will, at its option, either repair or replace products which prove to be defective or refund the purchased price upon prompt authorized return of the product to US Digital. This warranty does not apply to defects resulting from the following: damage caused by customer, unauthorized modification or misuse, or operation outside US Digital's published specifications for the product or shipping damages.

11. Liability

    US Digital's products are not intended for applications where a failure could result in a costly, dangerous, or life threatening situation. US Digital will not be held responsible for damages or losses greater than the cost of the US Digital replacement parts. No other warranty, guarantee, or representation is expressed or implied. In no case shall US Digital be liable for consequential, general or special damages. US Digital's liability shall be limited at its sole discretion to repair, replacement, or purchase price refund only after product is returned in accordance with return policies. US Digital is not responsible for any warranty service expense other than that performed by US Digital at US Digital's manufacturing facility.

12. Delays

    US digital shall not be held responsible for delay if caused by or arising directly or indirectly from fires, floods, earthquakes, substantial damage to its plant, accidents, riots, acts of God, open hostilities, declarations of national emergencies, war, government interferences or embargos, strikes, labor difficulties, shortage of labor, fuel, power, materials, or supplies or any other cause or causes beyond its control.

13. Inspection and Acceptance

    Products shall be deemed finally inspected and accepted with in (10) days after receipt unless notice of claim is given in writing to US Digital.

14. Life Support

    US Digital's products are not authorized for use as critical components in life support devices or systems without the express written approval of an Officer of US Digital. As used herein: 1) Life support devices or systems are devices or systems which (a) are intended for surgical implant into the body, or (b) support or sustain life and whose failure to perform when properly used in accordance with instructions for use provided in the labeling can be reasonably expected to result in a significant injury to the user; 2) A critical component is any component in a life support device or system whose failure to perform can be reasonably expected to cause the failure of the life support device or system or to affect its safety or effectiveness.

15. Confidentiality

    US Digital considers information about our customers an important part of our business. Confidential customer information is not provided to other without the consent of that customer.

16. Law Governing

    The Terms and Conditions of Sale shall be governed by and construed under the laws of the State of Washington.