120. un 2. 13. GENERAL TERMS AND CONDITIONS The goodie! listed herein is/are the order of the undersigned customer, hereinafter to be referred as the customer's order and this shall be a binding contract of the parties upon date when customer signifies his conformity hereto. tt is ‘also implied that the customer has agreed to the specifications indicate¢ in this quotation, Any cancellation, changes and/or modifications of the customer's order shall NOT be honored without the written ‘approval af Techno-Trade Resources, which shall be clearly indicated in sald contract or covered by a separate agreement. ‘The Customer's Order is deemed to be on 2 “Lot Basis.” There will be no adjustment or refund for the amount of excess goods ordered. However, In case of simple roof constructions, Techno-Trade may option to give the customer a refund fr adjustment when such excess exceeds 10% of the contract price. Techno-Trade is not obliged to deliver any over estimated Items. The customer's order is deemed to be on a Iot basis and not subject to any changes. Any alteration of the plan not included in the quotation shall be shoulder by client. Clearing of roofing during and after installation is not part of Techno-Trade scape of work Unless otherwise specifically provided herein, the full amount covering the customer's order shall be paid at the office of Techno-Trade and that the said amount shall be payable by the custerner to Techno-Trade upon demand by the latter. ‘Any partial payment made be the- customer shall be: considered merely as a dawn payment until the full amount of orders are fully paid. Ownership of the good(s) ordered including those already delivered and/or installed shall remain the property of Techno-Trade until full amount {including installation cost if any) shall be full paid by the customer. In case Techno ‘Trade have to sign the contract of buyer, if there are any conflict im the contracts, Techno-Trade contract will prevail regardless in the date of signing. Overdue account shall be subject to a three percent (386) monthly interest in the concept of penalty. In the event of suit, the customer shall be liable to pay for damage of at least twenty five (25%) of the amount of the contract in addition to penalty interest, attorney's fee, cost of collection and suit, provided that it shall not be less than Ten ‘Thousand Pesos (Php 10,000.00) in any case, In case of any suit arising from the sale, the venue shall be hefore any appropriate court of the City of Oavao, ‘exclusively and that there shall be no other venue. In case production was made and the customer decided to cancel the order, Techno-Trade Resources, Inc, will demand full payment for the items produced by Techno-Trade including storage charges. ‘The customer shall withdraw the goods not later than fifteen days (15) from date of notice of the availability. Otherwise, Techno-Trade Resources will avail of either or bath of the following remedies. (i) Charge a monthly storage fee of two percent (2%) of the amount of the contract exclusive of the penalty interest for ‘unpaid account er goods not withdrawn after the lapse of the said fifteen {15) day period; (ii) Sell the un-withdrawn goods after lapse of (60) sixty days the any amount of the Payment made by the ‘customer shall be forfeited i favor to Techno-Trade. Withdrawal of part of the good(s) ordered may be allowed subject to the written approval of Techno-Trade. Provided that, Techno-Trade reserves the right to demand full payment Of the total value of goods ordered, regardless of whether such goods are withdrawn by the client or not. In ease of any damage or missing items caused by shipping or trucking company, Techno-Trade will not be liable for the damages caused, it will be the responsibilities of the buyer to return the damage item. Client should coordinate with the shipping or trucking company for the replacement of the goods. Receipt of the goods by the customer shall be mean that the customer received the goods in geod condition and quality and that the amount and/or quantity thereof are true and correct. The agreement materials quantity and specification specified in the quotation are firm and fixed. itis the full obligation and responsibilty of the client for the final checking upon consideration of the final cost proposal submitted thereof. Customer hereta agrees ta free Techno-Trade from any liability, civil, criminal et aciministrative for any delay/delivery of the production of the good|s) in case where the delay be 2n account of fortuitous events or force majeure, such as but not limited to breakdown of equipment and machinery, delayed shipping, strikes and riots, acts and omissions of third persons; acts and omissions of Techno-Trade’s officers and/or any of its representatives where such be unauthorized tr outside to the authority given: or of any other causes and/or events that could not be foreseen or though foreseen but were inevitable, Customer is not allowed to retain any sum or amount as retention or guarantee from Techno-Trade. ‘The amount quoted by Techno-Trade does not inciude any allowance for performance bond or any similar bonds that may be required by customer or its contractor. In case the customer will request for performance bonds, surety bond and/or any similar bonds for the down payment or delivery of goad or performance of product/company, the cost of the