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<br />TERMS AND CONDITIONS OF SALE
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<br />Rev, 08/02
<br />THESE TERMS CONTROL Buyer's acceptance of goods and/or services shall constitute acceptance of these terms and conditions, Terms or
<br />provisions of Buyer's order that are inconsistent with or in addition to Fluke Networks' terms and conditions shall not be binding unless accepted
<br />in writing by Fluke Networks, Fluke Networks' failure to object to any provision contained in a communication from Buyer shall not be a waiver
<br />of these terms and conditions. If any terms or conditions of sale are declared by an arbitrator, or court or other body having jurisdiction, to be
<br />invalid or unenforceable, the remaining terms and provisions shall remain in full force and effect.
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<br />DELIVERY AND RISK OF LOSS. Domestic delivery shall be F,O.B, origin, Title and risk of loss shall pass to Buyer when products are
<br />delivered to Carrier unless agreed to in writing by Fluke Networks, Upon request by Buyer, Fluke Networks shall prepay and invoice Buyer for
<br />freight and shipping/handling and insurance costs. International orders shall be FOB factory/EX works, Freight and insurance for International
<br />shipments may be provided for a fee upon request. No order is assignable without Fluke Networks' prior written approval.
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<br />PAYMENT. 100% of the invoiced amount is due in US Doliars within 30 days from date of invoice on approved credit, unless otherwise stated
<br />in writing by Fluke Networks. Fluke Networks may modify payment terms if, in its sale opinion, the payment record or financial condition of
<br />Buyer warrants. Late payments are subject to 1 % interest per month on the unpaid balance. Prices exclude any tax or duty now or hereafter
<br />imposed upon the production, storage, sale, transportation, or use of the products.
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<br />FOR INTERNATIONAL SALES, the following payment terms may be required:
<br />Letter of Credit, Payment shall be made by an Irrevocable Letter of Credit issued in favor of Fluke Networks Inc, as beneficiary, to be advised,
<br />confirmed and payable at the counters of the U.S. negotiating bank, The Letter of Credit must be opened 60 days prior to the acknowledged
<br />ship date with validity held for 45 days past such date and must be payable at sight in US Dollars for 100% of the amount invoiced.
<br />Transshipment and partial shipments shall be allowed,
<br />Documentarv Collection. All documents permitting usual clearance will be forwarded to the draft processing bank at destination,
<br />Cash Advance, Payment may be by wire transfer to Fluke Networks Inc, Payment must include estimated shipping and transportation services
<br />charges, unless shipped freight collect. Overpayment of such charges shall be refunded,
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<br />CANCELLATION. Orders may not be canceled or rescheduled without Fluke Networks' written consent and are subject to cancellation or
<br />reschedule charges determined by Fluke Networks.
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<br />EXCUSABLE DELAYS. Fluke Networks shall not be liable for non,delivery or delay in performance when such delay is directly or indirectly
<br />caused by, or in any manner arises from, delay or failure to deliver by Fiuke Networks' suppliers, fires, floods, accidents, riots. war,
<br />governmental interference or embargoes, strikes or shortage of labor, or other causes (whether or not similar to those specified) beyond its
<br />control. Delivery shall be deemed suspended so long as such causes delay performance, Fluke Networks agrees to make, and Buyer will
<br />accept, deliveries at a reasonable time after remedy of such causes, Quoted weeks ARO are approximate,
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<br />DESIGN CHANGES. Fluke Networks and its suppliers reserve the right to change product design or specifications at any time without notice,
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<br />SOFTWARE. Fluke Networks grants a perpetual, non-exclusive license to Buyer to use ordered software on a single unit of product. Title to
<br />software shall remain in Fluke Networks or its suppliers, The license may be terminated if Buyer discloses the software to others without Fluke
<br />Networks' consent. Back-up copies of the software may be made and Buyer may sublicense the software along with the transfer of said single
<br />unit of product.
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<br />LIMITED WARRANTY & LIMITATION OF LIABILITY. Each Fluke Networks product is warranted to be free from defects In material and
<br />workmanship under normal use and service, The warranty period is One Year and begins on the date of shipment. Parts, accessories, product
<br />repairs and services are warranted for 90 days, This warranty extends only to the original buyer or end,user customer of a Fluke Networks
<br />authorized reseller, and does not apply to disposable batteries, cable connector tabs, cable insulation displacement connectors or to any
<br />product which. in Fluke Networks' opinion, has been misused, altered, neglected, or damaged by accident or abnormal conditions of operation
<br />or handling. Fluke Networks warrants that software will operate substantially in accordance with its functional specifications for 90 days and that
<br />it has been properly recorded on non-defective media, Fluke Networks does not warrant that it will be error free or operate without interruption,
<br />Fluke Networks authorized resellers have no authority to extend a greater or different warranty on behalf of Fluke Networks, Warranty support
<br />is available if product is purchased through a Fluke Networks authorized sales outlet or Buyer has paid the applicable international price, Fluke
<br />Networks reserves the right to invoice Buyer for importation costs of repair/replacement parts when product purchased in one country is
<br />submitted for repair in another country, Fluke Networks warranty obligation is limited, at Fluke Networks' option. to refund of the purchase price.
<br />free of charge repair, or replacement of a defective product which is returned to a Fluke Networks Authorized Service Center within the
<br />warranty period, To obtain warranty service, contact your nearest Fluke Networks Authorized Service Center or send the product, with a
<br />description of the difficulty, postage and insurance prepaid (FOB Destination). to the nearest Fluke Networks Authorized Service Center. Fluke
<br />Networks assumes no risk for damage in transit. Following warranty repair, the product will be returned to Buyer, transportation prepaid (FOB
<br />Destination), If Fluke Networks determines that misuse, alteration, accident or abnormal condition of operation or handling caused the failure,
<br />Fluke Networks will provide an estimate of repair costs and obtain authorization before commencing the work. Following repair, the product will
<br />be returned to the Buyer, transportation prepaid and the Buyer will be billed for the repair and return transportation charges (FOB Shipping
<br />Point),
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<br />THIS WARRANTY IS BUYER'S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
<br />INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
<br />PURPOSE, FLUKE NETWORKS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
<br />OR LOSSES, INCLUDING LOSS OF DATA. WHETHER ARISING FROM BREACH OF WARRANTY OR BASED ON CONTRACT, TORT,
<br />RELIANCE OR ANY OTHER THEORY, Since some countries or states do not allow limitation of the term of an implied warranty, or exclusion
<br />or limitation of incidental or consequential damages, the limitations and exclusions of this warranty may not apply to every buyer,
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<br />GOVERNMENT CONTRACTS. If Buyer's order cites a US Government contract number or is certified under DPAS. Federal Acquisition
<br />Regulation (FAR) and DFAR Clauses are incorporated by FAR Part 12 where applicable and as may be required by government statute,
<br />regulation and/or contract.
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