Terms & Conditions

DEFINITIONS

1. “Tempest” shall mean Tempest Technology Corporation, its subsidiaries, related companies, agents and/or representatives
2. “Customer” shall mean the client, person or entity to which Tempest is selling Goods, as well as its agents and/or representatives
3. “Goods” shall the mean all tangible things (specifically manufactured goods) or services for which the Customer has placed an order, written or verbal, with Tempest

ACCEPTANCE

• Tempest’s acceptance of any offer to sell Goods is limited to Customer’s complete and exclusive acceptance of all terms and conditions herein (the “Terms”). These Terms constitute the entire agreement between the parties and takes precedence over any and all previous verbal or written arrangements. Any deletions, modifications, alterations of or additions to the Terms shall be in writing and signed by an authorized representative of both Tempest and the Customer. Without limiting the foregoing, it is expressly acknowledged that any Customer document received is for order identification convenience only. Any and all provisions on the face or reverse side of any purchase order or service order which Customer may send to Tempest in connection herewith are expressly objected to by Tempest and waived by Customer and made inapplicable to any such purchase, unless both parties expressly agree in writing to include any such terms and conditions. Electronic commerce transactions between Tempest and Customer shall be solely governed by these Terms
• Customer’s acceptance is hereby expressly limited to these Terms, and acceptance of any part of the Goods covered herein shall be deemed to constitute such acceptance. Tempest may provide the Goods from its affiliated companies, at the sole discretion of the Tempest, in which event these Terms will fully apply
• Customer may not assign any order, in whole or part, without prior written consent of Tempest, with the exception that shipment of Goods may be to a third party assigned by the Customer. In such case, these Terms shall extend to this third party

PRICING AND PAYMENT

1. All orders will be invoiced at the time of shipment from Tempest and billed at prices in effect at the time of shipment of the Goods. Price, terms, and availability of Goods are subject to change without notice, including, but not limited to, changes caused by fluctuations in market price, and availability or quality of materials employed in the manufacture of the goods described herein
2. Unless otherwise quoted in writing, Customer shall pay, in addition to the purchase price of the Goods, value added taxes, transportation and/or shipping charges, packaging and processing charges, or other services. Price of Goods does not include personnel or equipment required to install or put the Goods into use, or the before mentioned additional charges
3. All prices are quoted in denominations of United States’ Dollars and, unless otherwise specifically stated in writing, quoted with a validity of thirty (30) calendar days.
4. Unless otherwise specified in writing, payment terms are Net 30 Days from date of invoice, up to a credit limit set solely by Tempest. Payment shall be made by cash or check only in denominations of United States’ Dollars. Payment by cash or credit card in advance of shipment will be required for any Customer without a preapproved and active credit account. Payment terms for international Customers are cash in advance of shipment. Deposit(s) may be required at the sole discretion of Tempest, and all deposits shall be considered non-refundable
5. A late charge at the rate of 1 ½% per month will be applied to all delinquent accounts. Tempest may at its sole discretion place a Customer on credit hold in case of late payment, and/or if the credit limit has been exceeded
6. If any portion of the invoiced amount is disputed by Customer, the Customer shall inform Tempest of the grounds for such dispute in writing within five (5) business days of receipt of the Goods, and shall pay to Tempest the value of the invoice less the disputed amount in accordance with established payment terms