Eurocom Imports Inc. Terms and Conditions

The sale of the products identified on the front of this invoice is subject to the following terms and conditions:
l. Payment. The amount due that is stated on the front of this invoice shall be paid within 30 days of the date of this invoice. Eurocom, lnc. ("Eurocom") reserves the right to require payment in advance or payment upon delivery. Any extension of credit on an open account does not entitle Purchaser to receive any extension of credit on future sales.
2. Interest. Any past due, unpaid amounts may bear interest at the rate of 1% per month, until paid. Eurocom intends to comply strictly with any applicable usury laws. Thus, any interest that may be charged is expressly limited so that the interest contracted for, charged, received, paid or agreed to be paid to Eurocom shall not exceed the maximum amount permissible under applicable law.
3. Limited Warranty. Eurocom, lnc. ("Eurocom”) warrants that its products will be free from defects in material and workmanship under normal use for a period of 90 days from the date of Purchaser's receipt thereof. Eurocom further warrants that if its products fail to substantially conform to the description and specifications herein, and if the nonconformity is reported to Eurocom in writing within 90 days of Purchaser's receipt of the product, then Eurocom will, in its discretion, either remedy the nonconformity by replacing the defective product, or refund the purchase price to Purchaser upon return of the defective products.
4. Disclaimer. EXCEPT AS EXPRESSLY STATED HEREIN, THE PRODUCTS ARE PROVIDED "AS IS“ WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5. Limited Liability. IN NO EVENT WILL EUROCOM BE LIABLE FOR ANY LOST PROFITS OR REVENUE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF EUROCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EUROCOM’S TOTAL LIABILITY ARISING FROM OR RELATED TO ITS PRODUCTS IS LIMITED TO THE REFUND OF THE AMOUNT OF THE PURCHASE PRICE PAID BY PURCHASER. THESE TERMS AND CONDITIONS DEFINE THE SOLE AND EXCLUSIVE REMEDIES OF PURCHASER.
6. Waiver of Breach. Failure of Eurocom to protest a breach by Purchaser shall not operate as or be construed as a waiver of rights or remedies as to that breach, and a waiver by Eurocom of a breach shall not operate as or be construed as a waiver of rights or remedies as to that breach and a waiver by Eurocom of a breach shall not operate as or be construed as a waiver of rights or remedies as to any subsequent breach by Purchaser.
7. Successors and Assigns. The rights and obligations of Purchaser hereunder shall inure to the benefit of and shall be binding upon the successors and assigns of Purchaser. Purchaser may not assign any of its rights or obligations hereunder to any person, firm or entity without the express written consent of Eurocom.
8. Entire Agreement. The front and back of this invoice contains the entire agreement between the parties, and supersedes any prior understanding or written or oral agreements between the parties. These Terms and Conditions may not be amended orally, but only by an agreement in writing, signed by the party against whom enforcement of any waiver, change, modification, extension, or discharge is sought. Purchaser agrees that any terms and conditions proposed by Purchaser in any Purchase Order, Confirmation, Notice of Acceptance or other document that are in addition to or in conflict with these terms and conditions are hereby deemed to be null and void regardless of whether Purchaser makes such proposal before or after delivery or before or after receipt of this invoice.
9, Notice. Any notice required or permitted shall be made in writing, and shall be effective when mailed, by registered or certified mail to the party’s last known address.
10. Section Headings. The section headings contained herein are for convenience only, and do not purport to accurately summarize the contents of the paragraph they head, and shall not modify, or in any way affect the provisions herein or be of any relevance in the construction thereof.
11. Mutual Preparation. Purchaser has read the foregoing Terms and Conditions, fully understands the contents thereof and is under no duress or pressure of any sort to accept those terms and conditions.
12. Applicable Law. THESE TERMS AND CONDITIONS SHALL BE CONSTRUED IN ACCORDANCE WITH AND GOVERNED FOR ALL PURPOSES BY THE LAW OF THE STATE OF TEXAS. THE PROPER VENUE FOR ANY DISPUTE ARISING FROM OR RELATED TO THIS INVOICE OR THE SALE OF GOODS OR SERVICES EVIDENCED BY THIS INVOICE SHALL BE DALLAS COUNTY, TEXAS.
13. Severability. In the event that any one or more of the provisions contained in these Terms and Conditions shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of these Terms and Conditions, but these Terms and Conditions shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
14. Force Majeure. Eurocom shall not be liable for any damages caused by any delay at any time in the delivery or provision of products or services caused in whole or in part by changes ordered in the work by labor disputes, fire, unusual delays in deliveries, abnormal or adverse weather conditions, unavoidable casualties, any causes beyond Eurocom's control, or by other causes which justify delay. Any such delay shall not be a breach of these Terms and Conditions.
15. Security Interest. By accepting delivery of these products, Purchaser hereby conveys to Eurocom a purchase money security interest in those products that continues until such time as Purchaser tenders payment to Eurocom. If Purchaser defaults in the payment owed to Eurocom, Eurocom may exercise any of the remedies available pursuant to chapter 9 of the Texas Business end Commerce Code.