ASTi Standard Terms and Conditions

Delivery

Standard equipment 60 days after receipt of order. Up to 120 days after receipt of order for custom equipment and/or custom software (after mutually-agreed data freeze).

Warranty

ASTi warrants to the buyer and its customers that all items delivered and all services rendered hereunder will conform to the requirements hereof and will be free from defects. In addition to other remedies that may be available at law or in equity, the buyer, at its option, may return to ASTi any nonconforming or defective items or require correction or replacement of the item, all at ASTi's risk and expense. If Buyer does not require correction or replacement of nonconforming or defective items, ASTi shall repay such portion of the contract price or such additional amount as is equitable under the circumstances. Warranty Period: 12 months.

Standard Conditions of Quote

The prices quoted are in U.S. dollars. ASTi does not collect sales tax. Customers are responsible for tax remittance for all non-exempt purchases.

This quote is subject to agreement upon these terms and conditions and is valid for 60 days.

ASTi's obligation under any purchase order or contract resulting from this proposal shall be limited to the face monetary value of such an order. Buyer's redress for any allegation of unsatisfactory performance shall be limited to return of the equipment for a refund of the purchase price.

ASTi shall not be bound by any terms or conditions of the Buyers purchase order that modify or extend these terms and conditions of sale. Any purchase order from Buyer resulting from this offer for sale shall be construed as acceptance of these terms and conditions without addition, modification or deletion unless specifically agreed to in writing by ASTi. Any extensions to ASTi's contractual obligations that would otherwise be imposed by "boilerplate" in Seller's purchase order forms are hereby specifically rejected.

All shipments within the United States are FOB Herndon, Virginia. All shipments outside the U.S are FCA Herndon, VA. Shipping, packaging, and handling charge included in system pricing. Standard shipping is FedEx ground and packaging to commercial standards. Customer-imposed packaging and labeling standards will be an additional charge.

The customer shall not defer shipment later than the contracted for dates upon evidence of successful completion of factory testing.

ASTi is a (small business) commercial enterprise with commercial standards and practices. All equipment is proposed as commercial, off-the-shelf (COTS) catalog items with commercial standards of documentation.

ASTi retains full rights in technical data for all ASTi-developed software and engineering design data provided in connection with this proposal.

A standard commercial run-time license is granted for the software supplied with each machine. This license is transferable with the ownership of the hardware platform.

The customer is given full rights for duplication of the ASTi documentation delivered on this contract, for use under this contract.

Reproduction of third party documentation is limited to the rights conveyed with the transfer of those licenses. Any violation of those restrictions is the responsibility of the customer.

ASTi warrants that the goods furnished hereunder, and the use thereof do not infringe any patent, copyright, or trademark, that we will at our own expense defend any suit that may arise in respect of their use by the customer, provided ASTi is notified.

Acceptance of this offer shall be construed to be acceptance of the above terms and conditions. ASTi retains the right to refuse further orders from customers that violate these terms and conditions.

In the absence of any teaming agreement or notification to the contrary, this submission of a firm fixed price is regarded as a competitive procurement. ASTi will therefore not support any price analysis of this proposal other than by reference to their catalog pricing.

Installation of third party software by the user is generally discouraged, as ASTi can make no guarantees that user-installed software will not affect the performance or operation of ASTi platforms.

Remote sellers are not required to collect sales taxes. This sale tax obligation is owed to the state where the purchaser received the delivery of goods. It is incumbent on the recipient to record and pay the appropriate sales tax for their state. ASTi cannot and will not charge sales tax on any sales contracts that are delivered outside of the state of Virginia.

Export Compliance

All Purchasers: Items quoted may be subject to the Export Administration Regulations (EAR) or International Traffic in Arms Regulations (ITAR). Purchaser is responsible for complying with all applicable U.S. export laws and regulations and understands export, re-export, or diversion of these items contrary to U.S. law is prohibited.

International Purchasers: Purchaser understands and certifies that items and/or services received will not be used for any nuclear, missile, chemical or biological end-use activities, or any other military activities prohibited under Part 744 of the EAR, including restrictions related to unmanned aerial vehicles, except as authorized by export license or other authorization received from the appropriate U.S. government agency. Purchaser further understands and certifies that items may not be exported, re-exported, or transferred, directly or indirectly, to countries listed in Country Group E:1 of Supplement 1, part 740 of the EAR or to Denied persons or Entities barred from export activities by the U.S. government.

Establishing Credit Terms with ASTi

First order: customers must pay 100 percent of the total purchase order (PO) value with cash before shipment (CBS).

Second order: customers must pay 50 percent of the total PO value with CBS.

Third order: Net 30 terms apply, allowing customers to pay 30 days after the invoice date.

Standard Invoice Conditions with Established Credit Terms

Customers receive Net 30 privileges as long as their accounts are in good standing. If a customer goes into late payment status, future orders reset to first order conditions (i.e., 100 percent CBS).

Overdue accounts are charged finance and administration fees of 1.5 percent interest per month.

Substantial or repeated payment delinquency cancels future Original Equipment Manufacturer (OEM) discounts.

International customers are responsible for all duties and taxes.

ASTi exports its commodities, technology, and software from the United States in accordance with Export Administration Regulations and International Traffic in Arms regulations. Diversions contrary to U.S. law are prohibited.

For all non-exempt POs, customers are responsible for tax remittance.

ASTi reserves the right to change credit status of a customer at any time.




ASTi Standard Terms and Conditions, Rev. C (March, 2018)