TERMS & CONDITIONS

ARTEL SOLUTION, INC.
SALES TERMS AND CONDITIONS

PAYMENT TERMS
COD, T/T, Net terms, upon credit approval, bank and trade
references must be provided upon request.

DELIVERY
All prices and goods shipped are F.O.B. Seller’s place of
shipment. Title to and risk of loss of all goods shall pass to
Buyer when the goods are placed by made via Federal Express
(FedEx) for routine orders unless otherwise specified. Buyer
shall pay all freight, handling, delivery and insurance costs for
the shipment of goods. Seller may refuse or delay any
shipment if Buyer fails to pay promptly any payment due to
Seller, whether pursuant to this Contract or any other Contract
between Seller and Buyer. Seller may deliver all goods covered
by this Contract at one time or in portions, from time to time.
Within the time for delivery provided in the order. Seller shall not
be liable for failure to deliver or delays in delivery occasioned
by strikes, lockout, file, inability to obtain materials or shipping
space, breakdown, delay of carriers or suppliers, governmental
acts and regulations, and any other cause beyond Seller’s
control.

LATE CHARGE
A late charge shall be imposed on overdue accounts at the
rate of one point five (1.5) percent per month until paid in full. If
a claim is brought to collect the overdue account, then the
maximum interest allowed by the law of New York shall be
imposed as the late charge.

CLAIMS
All claims for shipping discrepancies must be made within 5 days
of receipt of shipment by the Buyer. Sheller assumes no liability
beyond replacement or refunding purchase price.
Replacement will be made if available from Seller or Seller’s
suppliers and if requested when returned within 30 days
accompanied with discrepancies/test report and Seller’s RMA
number.

INSPECTION
Seller shall have the right to inspect all products returned
pursuant to the foregoing warranty, which shall be
accompanied with the failure analysis. Seller will not replace or
refund for the defective products where the defect is due to
misuse, neglect or alteration by independent testing
laboratory, which has conducted tests without Seller’s consent.

LIMITED WARRANTY
THE FOREGOING WARRANTIES ARE SELLER’S
EXCLUSIVE WARRANTIES, AND THE GOODS SOLD UNDER
THIS AGREEMENT ARE SOLD “AS IS” AND “WITH ALL
FAULTS.” THE FOREGOING EXPRESS WARRANTY AND
THE OBLIGATIONS AND LIABILITIES OF SELLER
THEREFORE ARE MADE IN LIEU OF AND PURCHASER
HEREBY WAIVES ALL OTHER WARRANTIES,
GUARANTEES, CONDITIONS OR LIABILITES, EXPRESS
OR IMPLED, ARISING BY LAW OR OTHERWISE,
INCLUDING WITHOUT LIMITATION ANY OBLIGATION OF SELLER,
WITH RESPECT TO CONSEQUENTIAL DAMAGES AND WHETHER OR NOT OCCASIONED BY SELLER’S NEGLIGENCE OR OHTERWISE, SELLER SHALL NOT BE RESPONSIBLE OR LIABLE TO PURCHASER IN ANY RESPECT WHATSOEVER FOR ANY LOSS OR DAMAGE RESULTING FROM USE OR SALE OF SAID PRODUCTS.

RETURN
Buyer may return to Seller any goods that are damaged or defective by
obtaining a Return Material Authorization (“RMA”) from Seller within 30 days
of receipt of goods. Buyer must return to seller the damaged or defective good
within the period set forth in the RMA. The RMA number must be listed on
all packaging containing goods returned to Seller.

If Buyer does not request an RMA from Seller within 30 days, or requests an RMA for goods that are not damaged or defective, seller may, at it’s sole discretion, issue an RMA and may require that Buyer pay to Seller 30% restocking fee as a condition of issuing to Buyer the RMA.

LEGAL FEES AND COSTS
The validity, enforcement, construction and interpretation of this contract are
governed by the laws of the State of New York and the federal laws of
the United States of America excluding the law of other jurisdictions pertaining to
the resolution of conflicts with the laws of other jurisdictions. Seller and Buyer
agree that governing law over this Agreement shall be New York law. The prevailing party in said legal action shall be awarded the reasonable attorney’s fees, penalty, costs and any other damages allowed by the Court.

GENERAL
All agreement, covenants, condition and provisions contained
herein shall apply to and bind the assignees and successors interest of buyer.
If any provision of this Contract is held to be invalid, illegal, unconscionable,
or unenforceable, that provision will be considered separable from the remaining
provision of this Contract, will be reformed and enforced to the extent that it is
valid and lawful, and will not affect the validity, legality, or enforceability of
any other provision of this Contract. The captions used herein are for the convenience of the parties only and shall not affect the constructions or interpretation hereof.

Nothing in this Contract, whether express or implied, is intended or should be construed to confer upon, or grant to, any person, except Buyer and seller, any claim, right, or remedy under it.