Buyer and Shipping Information
________________________________________________________________________________
Name Title
________________________________________________________________________________
Company Division
________________________________________________________________________________
Address (Note: Federal Express cannot deliver to P.O. boxes.) Mail Stop
________________________________________________________________________________
City/State/Zip or Postal Code/Country
________________________________________________________________________________
E-mail Tel Fax
Description Qty Price
First Copy: 1 x $1,500 = ______________
Additional copies*: _____ x $650 = ______________
*Contact BDTI for additional discounts on volume orders.
Shipping and Handling (No charge for US; $75 for international) = ______________
California orders please add sales tax = ______________
TOTAL = ______________
Shipping Information: U.S. orders are shipped by FedEx 2-Day service.
International orders are shipped by FedEx International Priority service.
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Method of Payment:
International orders must be prepaid in U.S. dollars. Checks must be drawn
on a US bank account; for wire transfers, contact BDTI for instructions.
[ ] Check enclosed, payable to Berkeley Design Technology, Inc.
[ ] Purchase order attached, number: __________________________
[ ] Wire transfer
[ ] Charge my [ ] VISA [ ] MasterCard [ ] American Express
Cardholder Information:
________________________________ _______________ ______________________
Card Number Expiration Date Cardholder Signature
_________________________________________________ ________________________
Name (as shown on card) Telephone Number
_________________________________________________
Billing Address
_________________________________________________
City State Zip Code
Fax or mail the completed form, Berkeley Design Technology, Inc.
if paying by credit card or P/O, 2101 Webster Street, Suite 1450
or mail with check to: Oakland, CA 94612 USA
Fax: +1 (510) 451-1885
BDTI Terms and Conditions of Sale
These Terms and Conditions are subject to change without prior written notice
at any time, at BDTI's sole discretion.
Buyer agrees to be bound by and accept these Terms and Conditions as the sole
agreement applicable to Buyer's purchase of product(s) from BDTI. By accepting
delivery of the product(s) described on BDTI's invoice, Buyer agrees to be
bound by and accepts these Terms and Conditions. Any terms and conditions
printed on Buyer's Purchase Order will not apply.
Definitions. "Buyer" means the entity or person that accepts these Terms and
Conditions. "BDTI" means Berkeley Design Technology, Inc., a California
Corporation, having principal place of business at 2101 Webster Street, Suite 1450,
Oakland, CA 94612.
Payment. Payment must be made via wire transfer, check drawn on US bank, or
valid credit card. If credit terms have been agreed to by BDTI, payment must be
received within the terms stated on BDTI's invoice. Late payments will incur
interest at 18% per annum or the maximum rate permitted by California law,
whichever is lower.
Pricing and Returns. All sales are final. Prices for each product are as listed
on the order form or as provided by BDTI on its invoice. BDTI reserves the
right to change pricing at any time. If the purchased product is a report, BDTI
will replace any report damaged in shipment or containing a manufacturing defect
upon return of the damaged or defective report.
Shipping Charges; Taxes. For orders shipped within the U.S., there is no charge for
shipping. For international shipments, a separate charge for shipping will be
stated on BDTI's invoice. Applicable sales tax will be stated on BDTI invoices for
shipments within California. Buyer is solely responsible for all taxes and duties
of whatever nature (including but not limited to sales, use, value-added, excise,
and similar other taxes) associated with Buyer's purchase of BDTI's products,
except taxes based on BDTI's income. In addition, Buyer will pay, on BDTI's behalf,
any withholding taxes that are required to be paid under applicable law and will
furnish BDTI with written documentation of such payments, including but not limited
to receipts, of any and all such taxes paid by the Buyer in connection with these
Terms and Conditions.
Delivery. BDTI will ship via FedEx or other express carrier. BDTI will not be
liable for delays in delivery.
Not For Resale. Buyer agrees and represents that it is buying for its own
internal use only, and not for resale.
Warranty. ALL MATERIALS, WORK PRODUCT, AND DELIVERABLES PROVIDED BY BDTI TO BUYER
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. BDTI FURTHER DISCLAIMS ALL EXPRESS
AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Liability. IN NO EVENT WILL BDTI BE LIABLE TO THE BUYER OR TO ANY THIRD PARTY FOR
ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION
WITH THIS ORDER, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY, OR OTHERWISE, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH
DAMAGES. BDTI'S TOTAL LIABILITY TO BUYER UNDER THIS AGREEMENT WILL BE LIMITED TO THE
PAYMENTS RECEIVED FROM BUYER UNDER THIS AGREEMENT.
Copyright. BDTI owns the copyright on products purchased by Buyer. This copyright
is protected by international law. Buyer may not, without prior written permission
from BDTI, reproduce the product or any information contained within it, in whole
or in part in any form, nor translate the product into any language.
Export. United States laws and international treaties may prohibit the export of
some material contained in BDTI's products to certain countries. Buyer will not
transfer BDTI's products to countries other than those disclosed to BDTI at time
of sale without receiving written authorization from BDTI. Buyer will not export or
re-export, directly or indirectly, BDTI's products without complying with U.S.
export laws and regulations. Customer List: Buyer agrees that BDTI may include Buyer's name on BDTI's published customer list.
Governing Law; Severability. These Terms and Conditions shall be construed in
accordance with the laws of the State of California, without regard to conflicts of
laws. Any actions arising hereunder shall be adjudicated before a court of competent
jurisdiction located in San Francisco County, California, and the prevailing party
shall be entitled to its costs and fees (including reasonable attorneys' fees). If
any provision of these Terms and Conditions is for any reason found to be
unenforceable, the remainder of this Agreement will continue in full force and effect.
Entire Agreement. These Terms and Conditions constitute the complete and
exclusive understanding and agreement of the parties and supersedes all prior
understandings and agreements, whether written or oral, with respect to the
subject matter hereof. Any waiver, modification or amendment of any provision of
these Terms and Conditions will be effective only if in writing and signed by the
parties hereto. Any terms and conditions on Buyer's purchase order which are in
addition to or inconsistent with these Terms and Conditions will be deemed
stricken from such Purchase Order.
Acceptance; Authority. By signing the Order Form which states that Buyer
has read and understood these Terms and Conditions, Buyer agrees that Buyer has
read, understands and agrees to abide by these Terms and Conditions, and Buyer
represents and warrants that Buyer has full power and authority to enter into
this legally binding contract.
© 2006 Berkeley Design Technology, Inc.
Version 2006.08.24
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