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    TERMS AND CONDITIONS OF SALES 
    Terms and Conditions of sale

    In these terms and conditions the following expressions will have the following meanings:
    "Seller" means Hermon Laboratories TI (Israel) Limited
    "Buyer" means the organization placing an Order with Seller.
    “Products" means the hardware or software the subject of the Order placed with Seller.
    "Order" means the order placed by Buyer with Seller for the supply of the Products or Services.
    "Services" means any training, consultancy, calibration, repair, upgrade or other service provided by Seller.
    Buyer and Seller agree that the purchase and sales of Seller Products are made under these terms and conditions, and that SELLER SHALL NOT BE BOUND BY BUYER'S ADDITIONAL OR DIFFERENT TERMS. Buyer's order and purchase of the Products shall constitute acceptance of these terms and conditions.
    TITLE. Title to the Products shall pass at Seller 's plant. Seller retains a security interest and right of possession in the Products until Buyer makes full payment. 
    TAXES. Product prices are exclusive of, and Buyer shall pay, applicable sales, use, service, customs, value added or like taxes, unless Buyer has provided Seller with an appropriate exemption certificate for the delivery destination acceptable to the applicable taxing authorities. 
    PRICES AND PAYMENT. All quotations shall expire thirty (30) days from date of issuance, unless otherwise set forth on the quotation or agreed in writing. Buyer shall make payment in full prior to or upon delivery by bank wire transfer, unless Seller approves Buyer for credit terms. If Seller approves Buyer's credit application, payment shall be due no later than 30 days from the date of Seller 's invoice. All sums not paid when due shall accrue interest daily at the lesser of a monthly rate of 1.5% or the highest rate permissible by law on the unpaid balance until paid in full. All payments for orders accepted shall be made in U.S. Dollars unless specified otherwise. In the event of any order for several units, each unit(s) will be invoiced when shipped. Product prices are exclusive of, and Buyer shall pay any bank money transfer charges.
    ORDERS. All orders are subject to acceptance by Seller. Seller 's booking of an order shall constitute its acceptance of an order. 
    DELIVERY. Seller shall deliver the Products to a carrier at Seller 's plant and, Buyer must supply Seller a name of shipping company and Buyer account number with each order. Buyer shall pay all freight charges, applicable import duties, and other necessary fees and shall bear the risks of carrying out customs formalities and clearance. Orders are entered to Seller recommended shipping date and if possible to Buyer's requested shipment date, if any. Shipment dates are scheduled after acceptance of written orders and receipt of necessary documents. Claims for shipment shortage shall be deemed waived unless presented to Seller in writing within forty-five (45) days of shipment. 
    LIMITED WARRANTY
    Seller hardware products are warranted against defects in materials and workmanship for a period of one year from date of shipment.
    All Seller software products are licensed to Buyer under the terms of the appropriate Seller license. For a period of ninety (90) days from the shipment date, Seller software Products (when properly installed on Seller hardware products) (a) will execute its programming instructions, and (b) the medium on which the software product is recorded will be free from defects in materials and workmanship under normal use and service.
    In addition to what is stated in this document, third-party conditions and limitations apply to the third-party hardware and software products supplied by Seller to Buyer.
    During the warranty period, Seller will, at its option, either repair or replace products that prove to be defective.
    For warranty service or repair, the product must be returned to a service facility designated by Seller.
    Buyer shall prepay shipping charges to the service facility and Seller shall pay shipping charges to return the product to Buyer. However, Buyer shall pay all shipping charges, duties and taxes for products returned to service facility from another country. After examining and testing a returned product, if Seller concludes that a returned product is not defective, Buyer will be notified, the product returned at Buyer's expense, and a charge made for examination and testing.
    The agents, employees, distributors, and Buyers are not authorized to make modifications to this limited warranty, nor are additional warranties binding on Buyer or its suppliers, if any.
    LIMITATION OF WARRANTY
    The above warranty shall not apply to defects resulting from improper or inadequate maintenance by Buyer, Buyer-supplied software or interfacing, unauthorized modification or misuse, operation outside of the environmental specifications for the product, or improper site preparation or maintenance.
    NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND NO OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED ARE MADE WITH RESPECT TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF TRADE OR COURSE OF DEALING. SELLER DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE PRODUCTS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. SELLER EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN. 
    NO LIABILITY FOR CONSEQUENTIAL DAMAGES. The entire liability of Seller and its licensors, distributors, and suppliers (including its and their directors, officers, employees, and agents) is set forth above. To the maximum extent permitted by applicable law, in no event shall Seller and its licensors, distributors, and suppliers (including its and their directors, officers, employees, and agents) be liable for any damages, including, but not limited to, any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, or any other damages arising out of the use or inability to use the Products, even if Seller or its licensors, distributors, and suppliers has been advised of the possibility of such damages.
    FORCE MAJEURE. Seller shall be excused for any delay or failure to perform due to any cause beyond its reasonable control, including but not limited to acts of governments, natural catastrophes, acts of Buyer, interruptions of transportation or inability to obtain necessary labor or materials. Seller 's estimated shipping schedule shall be extended by a period of time equal to the time lost because of any excusable delay. 
    ACKNOWLEDGMENT/GOVERNING LAW. Buyer acknowledges reading these Terms and Conditions, understands them and agrees to be bound by them. A waiver of any provision of this agreement shall not be construed as a waiver or modification of any other term hereof. With respect to all orders accepted by Seller, disputes arising in connection with these Terms and Conditions of Sale shall be governed by the laws of the Country of Israel without regard to principles of conflicts of laws.


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    KEY STANDARDS
    TS 103 021, TBR 10, 21, 38
    TBR 4, 12, 13 (Europe)
    FCC Part 68, TIA-968-A (USA)
    CS-03 (Canada)
    AS/ACIF S002/3/4/16 (Australia)
    ITU-T G.703,
    G.823, G.824, G.992.1/3/6,
    P.862 (PESQ)
    ETSI TS 102 027 (SIP)
    TIA-810A/B, 920-A
    ETSI ES 202 737-40
    3GPP TS 26.131/2, TS 51.010-1
    3GPP TS 51.010-1
    And More


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