Terms and Conditions of Sale

U.S. Law Enforcement Orders

TERMS AND CONDITIONS OF SALE

YOUR ORDER IS ACCEPTED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. To Order: OC Products will be sold and shipped directly to law enforcement agencies. Orders must be by purchase order or on a stationary of a law enforcement agency and signed by an authorized agent. Any terms and conditions on Buyer's purchase order form which add to or are in any way at variance with ZARC's terms shall be deemed an offer to materially amend this contract and shall have no effect unless accepted in writing and signed by an authorized officer of ZARC. Once orders are received by ZARC, no cancellation or substitution may be made. No returns or exchanges will be accepted and no refunds will be given except as specifically agreed to in writing by ZARC prior to the return of products. Notice to Customers in Alaska, Hawaii, Puerto Rico and U.S. Territories: International Shipping rate will be applied to orders from these locations.
   
   
2. Prices: Prices are FOB ZARC's distribution warehouse, located in U.S.A. Prices do not include insurance, freight, transportation or special handling requested by Buyer, or taxes and user fees (as provided in paragraph 5 below). Prices may be changed from time to time prior to acceptance by Buyer, without prior notice of intent to change prices.
   
   
3. Payment for Orders: Check in U.S. Dollars drawn on a U.S. Bank, payable to the order of Zarc International, Inc. ZARC will not ship C.O.D. In the case of returned checks, Buyer agrees ZARC shall have the right to recover the full value of the check, plus a twenty-five dollar ($25.00) administrative fee, plus interest and any legal fees and collections costs.
   
   Credit will be established by ZARC. If payment is not made by Buyer in accordance with the stated payment terms, or if at any time, in ZARC's judgment, Buyer's credit standing has been impaired, ZARC may withhold delivery until satisfactory cash or credit arrangements have been established. All products shipped on credit remain the property of ZARC until paid in full (with risk of loss being that of Buyer from the time of receipt). Buyer agrees to a monthly charge when payment is not received within the stated payment terms from the invoice date. The monthly charge for late payment will be one and one-half percent (1 1/2%) per month, but in no event greater than the maximum allowable by law and will accrue from the invoice date. In the unlikely event ZARC is required to institute legal proceedings to collect any amounts owed to ZARC, Buyer hereby agrees ZARC will be entitled to reasonable attorneys' fees and other costs of collection.
   
   
4. Delivery:Allow 7 to 10 days for delivery. Orders will be shipped directly to law enforcement agencies. Due to aviation regulations ZARC cannot mail OC Products products. Air shipments must be sent by air carriers equipped and authorized to carry such a cargo.
   
   
5. Taxes: Buyer agrees to reimburse ZARC for any tax or user fee which ZARC is required to pay to any government upon the sale or transportation of any products sold hereunder.
   
   
6. Limited Warranty: ZARC warrants that products sold to Buyer will conform to the model numbers on the Buyer's Purchase Order and the associated product specification sheets. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, EXPRESS, IMPLIED AND STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITYAND FITNESS. ZARC'S liability for breach of the above warranty shall be limited to the purchase price of the products sold hereunder.
   Buyer expressly acknowledges that the products being sold hereunder may be dangerous to the user or to others if improperly used or used for a purpose other than that intended. Buyer agrees that under no circumstances will Buyer, its agents, or employees attempt to hold ZARC liable for any damages other than for breach of warranty.
   ZARC's liability for damage under this contract shall in no case exceed the purchase price of the products claimed to not conform to product specifications. In no events will ZARC be liable for any lost profit, consequential, or incidental damages. No claim shall be allowed unless Buyer gives prompt prior written notice. Products shall not be returned to ZARC without ZARC's written permission.
   
   
7. No Alteration Of Terms: No agent or representative of ZARC is authorized to change these terms and conditions of sale or to give any other warranty, expressed or implied, and no such agent or representative is authorized to make any representation concerning ZARC's products which are not subject to qualification and limitations of liability herein above expressed.
   
   
8. Applicable Law: Buyer and ZARC agree that any dispute concerning the subject matter of this contract shall be brought in the courts of the State of Illinois. This contract shall be governed by and construed in accordance with the laws of the State of Illinois, and Buyer consents to the jurisdiction of such court.
   
   
9. Buyer's Obligations: Buyer expressly acknowledges being advised by ZARC that users should be properly trained prior to testing and operation of OC Products products. Buyer will defend, hold harmless and indemnify ZARC and its supplier from any and all liabilities, losses, claims, actions, suits, proceedings, costs, fees and expenses arising from, out of, or in connection with the use of any Zarc International Inc. products. Buyer acknowledges its responsibility to ascertain and obey all applicable local, state, federal, and provincial (with respect to Canada) laws in regard to procurement, possession, and use of any item provided by ZARC.
   
   
10. Delays: Unless a specific shipping date (excluding an estimated date) is designated in writing and signed by ZARC, ZARC shall not be liable for any delays in filling this order. ZARC shall not be liable for any delays in filing this order caused by fire, strikes, accidents, delays of vendors, acts of government, or other causes beyond the control of ZARC. In no event will ZARC be liable for any lost profit, consequential, or incidental damages.