GENERAL TERMS AND CONDITIONS OF BUSINESS 1. Scope of Application. These Terms and Conditions govern all transactions between Techtop and Customer relating to the purchase and sale of all products manufactured by, or on behalf of, Techtop (the “ Products ”). Unless agreed to in writing by Techtop, different or additional terms proposed by Customer (including those in any Sales Orders submitted by Customer) are not binding. Except for the terms of a Sales Order accepted by Techtop, these Terms and Conditions supersede all previous communications, representations or agreements, whether written or oral, between the parties with respect to any transaction. There are no promises, terms, or obligations other than those contained in these Terms and Conditions and any signed Sales Orders between the parties. 2. Acceptance of Orders. Sales Orders are binding and enforceable against Customer once Customer signs and returns a Sales Order confirmation to Techtop. These Terms and Conditions are incorporated into each Sales Order by reference. 3. Prices. Product prices are denominated in United States Dollars. 4. Terms of Payment. Customer will pay Techtop in U.S. currency. If Customer defaults in any payment obligation set forth in the Sales Order, Techtop may cancel any pending deliveries. In addition, interest of one and one-half percent (1.5%) per month will accrue on any payment obligation not paid within 30 days of the invoice date and if any amounts owing by Customer are collected by or through an attorney at law, Customer will pay Techtop all costs of collection, including reasonable attorney’s fees, incurred by Techtop. Customer may not offset any sums due Techtop against any sums Techtop may owe Customer. 5. Title, Risk of Loss and Acceptance. Title to and risk of loss of the Products will pass to Customer upon delivery to the carrier at the shipping point. Customer will inspect the Products promptly upon receipt and report any defects to Techtop's Customer Service Center. All Product damaged in transit is at Customer’s risk and not the basis of a warranty claim. Customer is deemed to accept the Products on the earlier of use, resale, or 30 days from receipt. 6. Regulatory Approvals. Customer is responsible for obtaining and maintaining all customs and regulatory licenses, permits, approvals or authorizations to import the Products into Customer’s chosen destination. Techtop will reasonably assist Customer with the customs process on written request. 7. Design, Patents and Other Intellectual Property. Customer warrants that any Product manufactured by Techtop or its affiliates in accordance with Customer specifications will not infringe any patent of the United States or foreign jurisdiction. Customer will indemnify and hold harmless Techtop and its affiliates and their respective directors, officers, shareholders, employees, agents, successors and assigns, from and against any claims, damages, losses, and expenses including attorney’s fees and other costs of defense, if Techtop is required to defend a claim related to patent infringement or product failure resulting from Customer’s design specifications including the use of trademarks, trade names which may result in a claimed or actual violation of any party's trademark rights. 8. Taxes. Techtop price quotes do not include applicable sales, use, excise, and similar taxes which under applicable law are required to be paid as a result of the sale to Customer. Where applicable, taxes will be billed in absence of a valid exemption certificate on the full price of the Products, i.e., the amount prior to discounts due to trade-ins, credits, etc. Customer will remit applicable taxes directly to the taxing authorities and will indemnify Techtop with respect thereto. 9. Shipping and Freight Policy. Techtop will select the carrier(s) and routing of shipment and reserves the right to ship from any of its warehouse locations. For all shipments within the continental United States and no more than 800 miles from Techtop's warehouse, Customer will pay for freight on the following schedule. Invoice Value $0 - $1250 $1251 - $3000 $3001 and up Freight Charge $125 Flat Rate 10% of invoice Paid by Techtop
Freight Terms are regulated by Techtop Policy and can be adjusted at any time 10. Cancellation, Alteration, and Blanket Orders.
10.1 Cancellation or Alteration of Accepted Orders. A Sales Order or purchase order accepted by Techtop may not be canceled, suspended, delayed, modified, altered, or rescheduled by Customer except with Techtop’s prior written consent from an authorized Techtop representative. Any unauthorized attempt to cancel, delay, or alter an accepted order will be deemed a material breach of contract, and Techtop reserves the right to halt production, withhold shipment, and hold Customer liable for all associated costs, losses, and expenses. 10.2 Standard Stock Products. If Techtop grants written consent to cancel standard, non-modified stock Products, Customer will pay a restocking fee equal to twenty percent (20%) of the total contract price. 10.3 Custom or Modified Products. Orders for non-standard, custom-engineered, special-built, configured, or modified Products may not be canceled or modified once material procurement or manufacturing has begun. If Customer cancels or attempts to cancel any such custom or modified order, Customer will be responsible for one hundred percent (100%) of the total contract value. 10.4 Blanket Orders. If Techtop accepts a blanket purchase order, the blanket order must include a release and delivery schedule approved by Techtop. The agreed timeline may not exceed twelve (12) months from the initial order confirmation date unless Techtop management approves otherwise in writing. Customer must issue releases and accept shipment in accordance with the approved schedule. If Customer 42
Techtop Industries – 2815 Colonnades Court – Peachtree Corners, GA 30071
Updated 08/01/26
Made with FlippingBook Online newsletter maker