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HomeMy WebLinkAboutEx 37 Wholesale Airtime Invoice.pdfConfidential Taxpayer Information – Not Subject to Public Disclosure Per RCW 42.56.230(4) Confidential Taxpayer Information – Not Subject to Public Disclosure Per RCW 42.56.230(4) Confidential Taxpayer Information – Not Subject to Public Disclosure Per RCW 42.56.230(4) REMIT TO: TRACFONE WIRELESS INC P.O. BOX 3103 946783222 CAROL STREAM IL 60132-3103 US INVOICE NUMBER 8699686 9700 NW 112th Avenue (305) 640-2000 Miami, FL 33178 Fax (305) 418-2696 DATE 15-MAY-21 PAGE 4 of 6 PURCHASE ORDER NUMBER 20210501-20210515 BILL TO: Attn: Accounts Payable INTERACTIVE COMMUNICATIONS INT Incomm 250 Williams Street Suite M-100 Atlanta GA 30303 SHIP TO: OUR REFERENCE SALES ORDER NUMBER CUSTOMER NUMBER IN770 LOCATION NUMBER IN770-30303 TERMS 30 NET DUE DATE 14-JUN-21 SALESPERSON CUSTOMER CONTACT SHIP DATE SHIP VIA SHIPPING REFERENCE ITEM NO. INVOICE QUANTITY TAX UNIT PRICE EXTENDED AMOUNT ODERED BACK ORD.SHIPPED SPECIAL INSTRUCTIONS SUBTOTAL TAX SHIPPING/HANDLING TOTAL 0.00 0.00 29 TFNS40060IC - TracFone $19.99 - 60 Minute / 90 Access Days 16.99 30 TFNS40120IC - TracFone $29.99 - 120 Minute / 90 Access Days 25.49 31 TFNS40200IC - TracFone $39.99 - 200 Minute / 90 Access Days 33.99 32 TFNS40450IC - TracFone $79.99 - 450 Minute / 90 Access Days 67.99 33 TWNS00025IC - Total Wireless $25 - Unlimited - 1 Line - 30 Service Days 22.50 34 TWNS0050IC - Total Wireless $50 Unlimited / 1 Line Plan / 30 Service Days 45.00 35 TWNS40010DIC - Total Wireless $10 Data Card / 0 Days 9.00 36 TWNS40035IC - Total Wireless $35 Unlimited Talk, SMS - 1 Line / 30 Days 31.50 37 TWNS40060IC - Total Wireless $60 Unlimited Talk, SMS - 2 Lines / 30 Days 54.00 Confidential Taxpayer Information – Not Subject to Public Disclosure Per RCW 42.56.230(4) REMIT TO: TRACFONE WIRELESS INC P.O. BOX 3103 946783222 CAROL STREAM IL 60132-3103 US INVOICE NUMBER 8699686 9700 NW 112th Avenue (305) 640-2000 Miami, FL 33178 Fax (305) 418-2696 DATE 15-MAY-21 PAGE 5 of 6 PURCHASE ORDER NUMBER 20210501-20210515 BILL TO: Attn: Accounts Payable INTERACTIVE COMMUNICATIONS INT Incomm 250 Williams Street Suite M-100 Atlanta GA 30303 SHIP TO: OUR REFERENCE SALES ORDER NUMBER CUSTOMER NUMBER IN770 LOCATION NUMBER IN770-30303 TERMS 30 NET DUE DATE 14-JUN-21 SALESPERSON CUSTOMER CONTACT SHIP DATE SHIP VIA SHIPPING REFERENCE ITEM NO. INVOICE QUANTITY TAX UNIT PRICE EXTENDED AMOUNT ODERED BACK ORD.SHIPPED SPECIAL INSTRUCTIONS SUBTOTAL TAX SHIPPING/HANDLING TOTAL 0.00 0.00 38 TWNS40085IC - Total Wireless $85 Unlimited Talk, SMS - 3 Lines / 30 Days 76.50 Confidential Taxpayer Information – Not Subject to Public Disclosure Per RCW 42.56.230(4) ACKNOWLEDGEMENT STANDARD TERMS AND CONDITIONS OF SALE This order acknowledgment is expressly limited to the terms and conditions stated herein, and any additional or different terms proposed by Buyer in it's purchase order, contract or agreement are rejected unless expressly assisted to in writing by TRACFONE WIRELESS, INC. 1.PAYMENT.Buyer agrees to pay the full amount of the invoice when due and without any offsets or credits, except for any prompt payment terms, if any, as specifically set forth on the face of the invoice. All payments are due in U.S. dollars. All customs duties or inbound taxes are the responsibility of Buyer. 2.DELIVERY.Except as otherwise specifically set forth on the face of the invoice, delivery will be made F.O.B TRACFONE WIRELESS, INC'S warehouse will all shipping and insurance charges to be paid by Buyer to carrier. TRACFONE WIRELESS INC. assumes no liability in connection with shipment, nor shall any carrier be construed as an agent of TRACFONE WIRELESS, INC. Delivery dates are estimates only and TRACFONE WIRELESS, INC shall not be liable for any delay or damage to goods. 3.TITLE AND RISK OF LOSS. Title and risk of loss for all goods shall pass to the Buyer upon delivery by TRACFONE WIRELESS, INC. of the goods to the carrier. Until the purchase price is paid in full. Buyer grants to TRACFONE WIRELESS, INC. a security interest in the goods as a whole and individually together with any proceeds, including accounts receivable there from. In furtherance thereof, Buyer agrees upon demand to execute and deliver to TRACFONE WIRELESS, INC. all documents including financing statements evidencing such security interest, in a form satisfactory for filling with the applicable recording office in order that TRACFONE WIRELESS, INC. may perfect its security interest. 4.TAXES.Prices are exclusive of all sales, use, excise, or other taxes or license fees imposed by a Government, domestic or foreign. Any tax TRACFONE WIRELESS, INC.may be required to collect or pay upon the sale, delivery or use of the goods shall be paid by Buyer and such sum shall be due and payable to TRACFONE WIRELESS, INC. upon delivery or when due, unless buyer provides TRACFONE WIRELESS, INC. with the proper tax exemption certificate. 5.LIMITATIONS OF LIABILITY.Buyer agrees that, even upon their return to TRACFONE WIRELESS, INC. in no event shall TRACFONE WIRELESS, INC. be liable for damages hereunder or for any claim of any kind with respect to any goods specified herein or for loss of business opportunity whether as to goods delivered or for non delivery or late delivery of goods and regardless of the cause of action, in an amount greater than the purchase price of the goods in respect of which such claim is made less reasonable depreciation for Buyer's use, damage and obsolescence of such goods, IN NO EVENT SHALL TRACFONE WIRELESS, INC. BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS OR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER THE LAWS OF ANY JURISDICTION. 6.SPECIFICATIONS.TRACFONE WIRELESS, INC. reserves the right, without prior approval from or notice to Buyer, to make changes to the goods (e.g., model changes) and to substitute goods manufactured, provided that the goods delivered substantially conform to the specifications of the Buyer. 7.CANCELATION.An order, or part of an order, can be canceled only upon written notice received by TRACFONE WIRELESS, INC. prior to shipment of goods. 8.SHORTAGES. TRACFONE WIRELESS, INC. shall not be responsible for any shortages, which are not reported by Buyer within ten (10) days after delivery. All shortages must be documented with at least a freight bill signed by the carrier indicating the shortage as well as a debit memo from Buyer. Said documentation must be in a form and substance acceptable to TRACFONE WIRELESS, INC. 9. RETURN GOODS. Buyer agrees to abide by any return program in effect by TRACFONE WIRELESS, INC. from time to time and will not return any goods without first obtaining a "Return Merchandise Authorization" (RMA). A debit memo from the Buyer also must accompany any returned goods. Any goods accepted for return by TRACFONE WIRELESS, INC. will be credited according to TRACFONE WIRELESS, INC. then effective policy, and in no event at an amount higher than buyers last purchase price, TRACFONE WIRELESS, INC. reserves the right to evaluate all returns and it's sole decision concerning damage assessment shall be conclusive. Returned goods may be subject to restocking and shipping charges. 10.TERMINATION. TRACFONE WIRELESS, INC. shall have the right to terminate this agreement if, in TRACFONE WIRELESS, INC'S reasonable judgment (a) Buyer's financial condition does not justify the terms of payment specified above, unless Buyer immediately pays, in current funds, for all goods which have been delivered and pays, in current funds, in advance for the balance of all goods remaining to be delivered; (b) Buyer makes an assignment for the benefit of creditors or a receiver or trustee in bankruptcy is appointed to take charge of all or any-part of Buyer's property or business; (c) Buyer is adjudicated a bankrupt or subject to a Credit's Arrangement; (d) Buyer neglects or fails to perform or observe any of it's obligations hereunder and such condition is not remedied within ten (10) days after written notice to Buyer. 11.GOODS FOR FOREIGN EXPORT. TRACFONE WIRELESS, INC. shall not be responsible for the payment of any foreign duties or tariffs or for shortage charges incurred in a government or bonded warehouse. It shall remain the sole obligation of the Buyer to obtain the appropriate importation licenses and visas and to conform to the laws and regulations of the country in receipt of the goods. Any goods, which may be seized or confiscated by a foreign government for any reason, shall not relieve Buyer of its obligation to pay for said goods. All documentation originating in the United States or prepared by TRACFONE WIRELESS, INC. shall be in the English language and any translations required by foreign customs shall be the sole responsibility of Buyer. TRACFONE WIRELESS, INC. assumes no responsibility relating to the entry of goods into a foreign country as same shall be the responsibility of buyer. 12.PATENTS AND TRADEMARKS. TRACFONE WIRELESS, INC. has conformed with all of the patent and trademark laws of the United States and of the country of origin of the goods and makes no representation as to conformance with the patent and trademark laws of any foreign country. 13.PAYMENT.Payment shall be made only in U.S. dollars. Any costs incurred as a result of transfer of money or conversions of money shall be reimbursed to TRACFONE WIRELESS, INC. by Buyer. Any gain or loss occurring during the pendency of payment for the goods as a result of currency fluctuations shall belong to Buyer. All payments shall be unconditional and collectible in a U.S. bank in U.S. Dollars. 14.WARRANTIES AND INDEMNIFICATION. TRACFONE WIRELESS, INC. is a wholesale distributor of goods and not a manufacturer, end user or manufacturer. Accordingly, Buyer shall look solely to the manufacturer for enforcement of any warranties (including the Warranty of Merchantability and Warranty of Specific Use) under the laws of the United States or Foreign Country for indemnification or replacement of defective goods. Any ancillary damages or costs arising out of the use of goods shall be the obligation of manufacturer. In no event and under no circumstances shall TRACFONE WIRELESS, INC. be responsible for any direct or in direct damages resulting from sale or use. 15.CONFORMITY WITH LOCAL LAW. It shall remain the sole obligation of the Buyer to conform with local law (treaty, patent, trademark, distribution, etc.) and the Buyer shall hold TRACFONE WIRELESS, INC. free and harmless from any liability or penalties arising therefrom. 16.NON-WAIVER. In the event of any default by Buyer, TRACFONE WIRELESS, INC. may decline to make further shipments. If TRACFONE WIRELESS, INC elects to continue to make shipments such action shall not constitute a waiver of any default of Buyer ?or in any way affect TRACFONE WIRELESS, INC'S legal remedies for such previous default. 17.TECHNICAL ADVICE. Buyer agrees that any technical advice furnished by TRACFONE WIRELESS, INC. with reference to the use of the goods is given gratis and TRACFONE WIRELESS, INC. assumes no obligation or liability therefor, all such advice being subject to Buyer's independent confirmation with manufacturer or qualified engineer. 18.APPLICABLE LAW.This Agreement shall be governed by the laws of the State of Florida and of the United States of America. Any action arising out of this Agreement or the performance hereof shall be brought and maintained in the appropriate court in Dade County, Florida, U.S.A Jurisdiction for legal action or claims shall always remain in Dade County, Florida. 19.INTEREST. Buyer agrees to pay TRACFONE WIRELESS, INC. the sum of 1.5% per month on all amounts not paid when due, or at TRACFONE WIRELESS, INC'S option, the maximum legally permissible rate. 20.ATTORNEY'S FEES. In the event TRACFONE WIRELESS, INC. brings any legal action or other proceedings or to collect for monies due by Buyer hereunder, TRACFONE WIRELESS, INC. shall be entitled to recover it's reasonable attorney's fees and costs, including appellate fees and costs. 21.BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors, heirs and permitted assigns. 22.ENTIRE AGREEMENT. Except for any written distributorship or dealership agreements between the parties, this Agreement contains the entire argeement and understanding between the parties with respect to the subject matter hereof and merges and supersedes all other prior agreements additions or modifications to the Agreement shall be effective unless in writing signed by the parties hereto.Confidential Taxpayer Information – Not Subject to Public Disclosure Per RCW 42.56.230(4)