Xtreme Gear - www.buyxg.com

Warranty

Limited Warranty Information of Xtreme Gear

1. ACCEPTANCE: This Acknowledgement constitutes an accpetance, solely upon all of the terms and conditions contained herein, of Buyer's offer to purchase the goods specified herein and shall become the entire contract between Buyer and Seller and shall supersede Buyer's order from upon (i) receipt by Buyer of this Acknowledgement or (ii) acceptance by Buyer of goods shipped by Seller hereunder. Seller hereby expressly rejects all terms and conditions set forth on Buyer's order form which are contrary or in addition to, or which in any way modify, any of the terms and conditions herein.

2. PAYMENT, CREDIT AND INTEREST: If Seller believes, in its sole discretion, that Buyer's ability to make any payment(s) called for by this contract is or may be impaired, Seller may, in its sole discretion and in addition to any other rights Seller may have, require payment in cash in advance of shipment or delivery or any or all of the goods specified herein or otherwise change the terms of Buyer's credit, or delay the shipment of said goods, whether or not in transit, or cancel Buyer's order for all or any of the then remaining balance of goods covered by this contract without Seller incurring any liability for all goods already shipped. Interest on overdue payments shall be payable at the rate of the lower of (i) the maximum rate permitted by law or (ii) one and half percent (1.5%) per month. In the event that Seller takes legal action, Buyer shall be liable for Seller's reasonable attorney's fees, plus costs of such action.

3. SHIPMENT: Delivery of all goods covered by this contract shall be F.O.B. Seller's United State warehouse within a reasonable time of the estimated date for shipment, if any, set forth on the face of this acknowledgment, but Seller shall in no event be liable for any direct, indirect, special, incidental, consequential or any other damages suffered by Buyer due to a delay in such shipment. Seller reserves the right to select the means of shipment, point of shipment and routing. Unless otherwise agreed to in writing, delivery shall be complete upon transfer of possession to common carrier, F.O.B. Seller's warehouse, whereupon all risk of loss, damage or destruction to the goods shall pass to Buyer.

4. PRICE AND TAXES: Unless otherwise stated, all prices quoted by Seller are based on U.S. dollars, F.O.B. Seller's warehouse, include domestic packaging and are effective for the dated of quotation only. All taxes, duties or assessments of any kind applicable to the goods listed herein shall be added to the purchase price and shall be paid by Buyer, except to the extent that Buyer shall have provided Seller with a tax exemption certificate acceptable to all relevant taxing authorities.

5. TITLE: Unless otherwise agreed to in writing, title to the goods shall remain with Seller until all payments hereunder have been made.

6. PATENTS AND TRADEMARKS: Seller's agreement to indemnify for patent or trademark infringement is expressly limited to any indemnification which seller's vendor has agreed in writing to provide (or by operation of law has been deemed to provide) to seller in the event of patent or trademark infringement allegations made against such vendor's products.

7. WARRANTIES: (a) Unless otherwise agreed to in writing, Seller warrants that the goods sold hereunder shall be free from defects in material or workmanship under normal use and service for a period of one (1) year from the date of shipment (CPU chips only carry 90 days warranty term). In the case of products sold hereunder which are not manufactured by Seller, the warranty delivered to Seller by the Vendor or manufacturer of such products shall be assigned to Buyer and shall be expressly in lieu of any other warranty by Seller. (b) No warranty extended by Seller shall apply to any goods which have been modified or altered by persons other than Seller's authorized personnel; to goods that are defective due to misuse, neglect, improper installation, soldering or accident, or to goods sold as "used". Seller's obligation under this warranty is limited to the repair or replacement, at Seller's option, of defective parts or goods, F.O.B. Seller's warehouse. (c) Seller's liability under this warranty shall be limited solely to the cost of any necessary repairs to, replacements of, or refunds of Buyers purchase price for, the goods, and Seller assumes no risk of, and shall not in any case be liable for, any other damages, including, without limitation, any special, incidental, consequential of punitive damages, arising from breach of warranty or contract. (d) All products sold by Seller hereunder shall be deemed acceptable by Buyer within thirty (30) calendar days from the invoice date. Buyer shall notify Seller in writing that such products are damaged, defective or cannot be made operational. Any claims for shortages must be made to Seller in writing within seven (7) calendar days from the invoice date. (e) Shipping charge, handling charge, and fuel surcharge are non-refundable.

8. RETURN AND REFUND POLICY: (a) For PC systems: Thirty-day-money-back-guarantee is on all PC systems. For the first 30 days, beginning on the day of the invoice, seller will refund your purchase price on returned product. A 15% restocking fee is applied to all returned product between the first 31st day and the 45th day after the invoice date. No refund or credit is allowed after 45 days from the date of the invoice. (b) For part items: All returned items must be purchased from seller and returned in an original decent good manner within 30 days from the original invoice date. A 15% restocking fee is applied to all returned items. No refund or credit is allowed after 30 days from the date of the invoice. (c) In no case goods to be returned are without first obtaining Seller's written permission. A RMA (Returned Material Authorization) number being issued by Seller must accompany with all returned goods. Goods must be securely packed and delivered to Seller in an undamaged condition. Buyer is solely responsible for paying all return freight expenses. Shipping charge is non-refundable.

9. CHANGES AND CANCELLATION: Orders accepted by Seller are not subject to change or cancellation by Buyer except with Seller's written consent and upon payment of an appropriate charge to cover the cost or loss incurred by Seller which, unless otherwise agreed in writing, shall be not less than fifteen percent (15%) of the price of the goods subject to the change or cancellation.

10. FORCE MAJEURE: Seller will make every effort to complete shipment but shall not be liable for any loss or damage, for delay in delivery due to causes beyond its reasonable control, including, but not limited to fire, acts of God, acts of public enemy, acts of governmental bodies or agencies.

11. LIMITATION OF LIABILITY: In no event shall Seller be liable for any loss of use, revenue, profit or custom, or for any direct, indirect or consequential damages arising out of, connected with, or resulting from the sale of goods.

12. LAW OF THE STATE OF CALIFORNIA: The entire transaction contemplated hereunder shall be governed by the laws of the State of California without regard to its conflict-of-laws rules.

13. ENTIRE AGREEMENT: This Acknowledgement contains all of the terms and conditions with respect to the sale and purchase of the goods sold hereunder and there are no representations, warranties, express or implied, affecting this instrument not expressly se forth herein. In no event shall Seller be liable for any special, indirect or consequential damages arising out of this Acknowledgment with Buyer.

14. Buyer agrees that it will not participate in the transfer, by any means, of commodity or technical data acquired from Seller, (i) in violation of the Export Administration Act ("Act") or any regulation, order or license issued under the Act. Or (ii) with the knowledge or with reason to know that a violation of the Act, a regulation, an order or a license has occurred, is about to occur, or is intended to occur with respect to any such commodity or technical data.