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C7 I C,7PA r..O M Application and Interpretation of Terms and Conditions These Terms and Conditions shall supplement the Estimate. If there is a conflict between the Estimate and these Terms and Conditions,the Estimate shall control.The provisions of the Estimate and these Terms and Conditions supersede any and all prior negotiations, proposed agreements, and agreements,whether written or unwritten, between Customer and Company.No subsequent change in,addition to,or waiver of these Terms and Conditions or the Estimate shall be binding on the Company unless approved in writing by an authorized representative of the Company. Risk of Loss or Damage to Equipment Company shall assume the risk of loss of,or damage to Equipment purchased under an Estimate until a carrier has received the shipment pursuant to a bill of lading(f.o.b.shipping point),at which time Customer assumes all risk of loss or damage to the Equipment. Inspection and Acceptance of Equipment Inspection and acceptance of Equipment shall be performed by Customer upon delivery to Customer.If Customer fails to object in writing to any item of Equipment at delivery,Customer shall be deemed to have accepted delivery of all such items. Payment Terms Payment shall be due as described in the Estimate and Invoice. Payment terms are Net 15.Prices shown in the Estimate may not include all sales or other taxes imposed on the sale of goods and services.Taxes now or hereafter imposed upon sales or services shall be added to the price set forth in the Estimate.Customer agrees to reimburse Company for any such tax or provide Company with acceptable evidence of tax exemption. Billing GigaKOM WILL BILL IN PROGRESS INVOICES. HARDWARE AND SOFTWARE WILL BE BILLED UPON ARRIVAL on the customer site or at GigaKOM,whichever occurs first.Services/labor will be billed in milestones,with the initial milestone billed at project commencement totaling up to 50%of the Service/Labor price. Shipping Charges Shipping charges may apply to all orders.These charges are estimates and will be billed at the actual amount if higher. Shipping is provided to a single location,dock-to-dock;if shipping to multiple locations is required,additional charges may apply.For special delivery requests,such as a lift gate,arrangements must be made with GigaKOM priorto order processing, and such services will be billed separately. Late Payment Charges If Customer fails to make any payment when due,Company may upon written notice to Customer:(a)delay delivery of any Equipment or suspend the performance of Services until such terms are met;and/or(b)cancel any order for Equipment then outstanding and receive reimbursement for cancellation; and/or(c) pursue any other remedies available at law or equity.Company may charge and Customer agrees to pay a finance charge of 1-1/2%per month on the unpaid balance of overdue amounts or the maximum allowable by law,whichever is less.Company shall have no liability whatsoever to the Customer for any costs or damages as a result of such termination or suspension caused by any failure by Customer to make payment when due.Customer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Company. Changes to Scope of Services Unless otherwise stated in the Estimate,the price set forth in the Estimate is a good faith estimate based on the information received through the date of the Estimate and may change based on updated information. Any price changes shall be communicated to Customerthrough a revised Estimate.If Company provides Customer revised Estimate which Customer disapproves,then Company may terminate Services with respect to the original Estimate. If the Services are terminated, Customer shall remain obligated to pay Company for Services actually rendered and Equipment purchased, Changes requested by Customer to the scope of work set forth in an Estimate must be communicated in writing to Company and Company will then have the right to charge for additional services at Company's then current rates.For each change order, a new Estimate will be generated by Company and approved by Customer.Additionally,removing any labor will incur a 15% charge based on the total labor cost. Performance and Payment Bond • Performance and Payment bonds are not included in the item price.If required,they will be itemized separately in the estimate. Additional Charges • Fire Penetration Sleeves,Conduit,Concrete Cores,and Roof Penetrations:Unless identified previously within the scope of work,these are not included and will incur additional charges if required for installation. • Structural Compliance: GigaKOM will install racks in specified locations. Additional charges will apply if the location is not structurally compliant and facilities work is needed. • Debris Removal:All existing conduit is expected to be free and clear of debris with an appropriate pull string provided.Additional charges will apply for debris removal or the fishing of conduit. • Furniture Removal and Replacement:This is not included and additional charges will apply if necessary during the installation. • Working Hours: This proposal is based upon normal working hours. Weekend or overtime work will incur additional charges if not specifically included in GigaKOM"s proposal. • Lift Rental:This is not included and additional charges will apply if a Lift is required. • Clean Roam Environments: Additional labor time required for clean room environments, including special clothing and tool cleaning,will incur additional charges. HQ:9245 Activity Road,Suite 105 A San Diego, CA 921261 Phone:858-769-5408 1 Fax:858-565-2453 24