Plant Earth

I.T.A.'s TERMS AND CONDITIONS
THE GLOBAL, TOTAL-SPECTRUM, ONE-STOP SHOPPING, TELECOMP COMPANY TM



I.T.A. has a standard set of terms and conditions that serve as a guide for customer use. As is typical of international transactions, the customer is expected to secure all monies upfront for an order or contract. In turn, I.T.A. will ensure that its vendor's offer the most competitive discounts and these are passed on to the customer in the form of reduced prices and savings.

The following are I.T.A.'s normal terms and conditions:

  1. Prices are FOB I.T.A.-designated location(s) (normally in the USA).

  2. Customer is responsible for all costs of transportation, insurance and other fees that may occur after release of equipment by I.T.A. to the customer's designated freight forwarder at I.T.A.-designated FOB location(s). Shipments will include equipment documentation to the extent such documentation is provided to I.T.A. and will be in English.

  3. I.T.A. will prepare said equipment for the customer's designated freight forwarder properly packed for air or maritime shipment in accordance with internationally accepted commercial standards. Customer authorizes partial shipments and transshipments.

  4. Customer is responsible for payment of all costs associated with customs import duties in the importing country. Customer is required also to provide for all in-country licensing and other importing country requirements.

  5. All equipment and/or services purchased through I.T.A. are subject to all current and future laws and regulations of the Government of the United States of America.

  6. Alternative payment terms are as follows:

    • For orders valued USD100,000 or higher: At placement of order, customer will make a thirty (30) percent down-payment of the order value with a wire transfer to the account of I.T.A. at its designated bank. All wire transfer fees are to be charged to and paid by the account of the customer. Additionally, at placement of order, the customer will secure the remaining seventy (70) percent of order value via a confirmed and irrevocable letter of credit (L/C) or escrow account in a USA bank in a form and under terms and conditions acceptable to I.T.A. The customer will be responsible for all charges for opening and servicing the credit. On or after the date of shipment (FOB release date to freight for-warder and/or completion of services), I.T.A. will draw-down a corresponding sixty (60) percent of the order value from the L/C and/or escrow account. The final ten (10) percent payment in full of order value will be drawn-down from the L/C and/or escrow account by I.T.A. thirty (30) days or later after the date of shipment for equipment and/or completion of services.

    • For orders valued less than USD100,000: So as to save the customer banking fees, for orders less than of USD100,000, customer is required to make a one hundred (100) percent payment of the order value via wire transfer to the account of I.T.A. at its designated bank.

    • Emergency orders (ones requiring equipment shipment and/or initiation of services within ten (10) calendar days of the effective date of order (EDO): Emergency orders require the customer to wire transfer one hundred (100) percent of the order value to I.T.A.'s designated bank prior to formal acceptance of the order by I.T.A. for execution.

    • NOTE: The EDO is the date that total payment is received by I.T.A. via wire transfer and/or an L/C or escrow account is fully operative. All pricing and payments are in US dollars (USD) only.

  7. If customer cancels part and/or all of an order after EDO, the customer will forfeit all payments previously made to I.T.A. and, in addition, pay for all yet unpaid vendor expenses and penalties at the time of cancellation, plus a twenty (20) percent administrative processing fee to I.T.A. that is based on the order value of equipment and/or services canceled.

  8. Labor and parts are warranted as indicated for each item in the pricing table. For equipment items under warranty that require repair-and-return, I.T.A. will issue the necessary shipping instructions and authorizations to the customer in writing and will bear all costs for repair or replacement of failed items under warranty, to include all transportation costs to/from the vendor repair facility. For labor services that are under warranty, I.T.A. is responsible to arrange for correction of deficiencies and for payment of all labor charges, travel and/or living expenses associated with correction of deficiencies.

  9. Customer is responsible for all site preparations and completion of any necessary civil work requirements. When pricing does not include initial installation, testing and/or operational training as part of a full turnkey proposal, the customer may order only partial on-site installation / testing / training support with a vendor-provided supervisor, engineer and/or other technicians. Customer is responsible for providing site access clearances and ensuring appropriate on-site safety, security and telephone service for vendor-provided personnel.

  10. Each the customer and I.T.A. have 90 calender days to correct deficiencies in meeting the terms and conditions of a formally accepted purchase order and/or contract when the deficiencies are deemed attributable to force majeure.

  11. Other terms and conditions which are mutually agreed to and formally incorporated in writing by the customer and I.T.A. into a resulting order will also apply.

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You may contact I.T.A. by e-mail at rlayton@ita-inc.com, or ron@layton.com, or direct via our toll-free number by calling the AT&T USADirect operator in-country and by asking to be put through to 1-800-229-2476 at no charge. Also, you may wish to call I.T.A. at T: 703-421-1433 or send a fax to F: 703-421-1434.

http://www.ita-inc.com