ASTi Standard Terms and Conditions

Delivery

Standard equipment 90 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: 24 months.

Further, ASTi honors Original Equipment Manufacturer (OEM) warranty conditions for all third-party products.

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.

Purchase orders must reflect ASTi part numbers as quoted, or they will not be accepted.

All shipments within the United States are FOB Herndon, Virginia. Shipping, packaging and handling charge included in system (TL-AT/VS-SRV) pricing only; peripherals and audio distribution require a separate P-H charge. All shipments outside the U.S. are FCA Herndon, Virginia. Shipping, packaging and handling is not included in the system price for delivery outside CONUS. Standard shipping is FedEx ground and packaging to commercial standards. Customer-imposed packaging and labeling standards will incur additional charges.

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

ASTi commodities, technology, and software are subject to all applicable export control laws and regulations, including, without limitation, the Export Administration Regulations, and the International Traffic in Arms Regulations. Purchaser is responsible for complying with all applicable U.S. export laws and regulations and understands export, re-export, transfers, or diversions contrary to U.S. law are prohibited.

Purchaser understands and certifies that items and/or services received will not be used for any nuclear, missile, chemical or biological end-use activities, military activities prohibited under Part 744 of the EAR, including restrictions related to unmanned aerial vehicles, or any other end use restricted under U.S. laws and regulations, 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 any individual or entity that is listed as a proscribed party under U.S. laws and regulations, or to any individual or entity domiciled, organized, or located in a country that has been sanctioned by the U.S. Government, including, without limitation, Cuba, the Crimea Region of Ukraine, Iran, North Korea, and Syria, or to any other restricted/embargoed country as may be designated from time to time by the U.S. Government. ASTi reserves the right to cancel or suspend any order if, in its sole discretion, it believes an export would jeopardize ASTi's compliance with U.S. laws or regulations.

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 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.

Return Policy

To request approval for returns, contact ASTi at support@asti-usa.com or call 703-471-2104 and select option 2 for support.

ASTi accepts returns for partial credit (there is a 15% restocking fee) under the following conditions:

  1. The items in question are not built-to-order or custom-made.
  2. The equipment is unused and in its original packaging to be resold as new.
  3. All items in question are returned within thirty (30) days of receipt.
  4. All non-ASTi OEM equipment may be subject to additional terms and conditions.

Some items are non-cancelable and not returnable. Contact ASTi to obtain a list of these items.

Once ASTi approves the return, obtain an RMA to return the equipment to ASTi. ASTi will not accept returned equipment without an RMA. ASTi's RMA system is online at:

https://rma.asti-usa.com/rma/




Standard Terms and Conditions, Rev. I (Jul. 2022)