The following are the terms and conditions ("Terms and Conditions") for the sale of products ("Products") by SPINNER Atlanta, Inc. ("SPINNER Atlanta") to SPINNER Atlanta's customers ("Customers").

1. ACCEPTANCE AND CANCELLATION OF ORDERS
All orders are subject to acceptance by SPINNER Atlanta; any written acknowledgement or receipt of an order shall not, in and of itself, constitute such acceptance. Orders accepted and processed by SPINNER Atlanta may not be cancelled by Customer except as covered by the Limited Warranty. Cable Assemblies and Non-Standard Products are Non-Cancelable/Non-Refundable (“NC/NR”). Non-Standard Parts are defined as Products which are special orders, custom orders, orders for non-standard products, products not customarily in stock or orders for value-added products. In the event of cancellation or other withdrawal of an order for any reason and without limiting any other remedy which SPINNER Atlanta may have as a result of such cancellation or other withdrawal, reasonable cancellation or restocking charges, which shall include all expenses then incurred and commitments made by SPINNER Atlanta, shall be paid by Customer to SPINNER Atlanta. Customer requests to reschedule are subject to acceptance by SPINNER Atlanta in its sole discretion. Orders may not be rescheduled after the order has been submitted by SPINNER Atlanta to the shipment carrier.

2. PRICES
Orders are billed at the prices (in US dollars) in effect at the time of shipment. Prices will be as specified by SPINNER Atlanta and will be applicable for the period specified in SPINNER Atlanta's quote. If no period is specified, quoted prices will be applicable for thirty (30) days. Prices shown in any catalog are subject to change without notice. Prices are subject to change in the event of a change in SPINNER Atlanta's costs or other circumstances beyond SPINNER Atlanta's reasonable control. Prices are exclusive of taxes, impositions and other charges, including: sales, use, excise, value added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent's and broker's fees, bank fees, consular fees, document fees and import duties.

We accept online orders of up to $10,000. If your order exceeds that amount, please call us to place your order by phone at 866-535-SPIN (7746).

3. TERMS OF PAYMENT
All payments must be in US Dollars, or will be converted to US Dollars using the available exchange rate at the time of purchase.

For All Orders

Customer agrees to pay the entire net amount of each invoice from SPINNER Atlanta pursuant to the terms of each such invoice without offset or deduction. Orders are subject to credit approval by SPINNER Atlanta, which may in its sole discretion at any time change the terms of Customer's credit, require payment in cash, bank wire transfer or by official bank check and/or require payment of any or all amounts due or to become due for Customer's order before shipment of any or all of the Products. If SPINNER Atlanta reasonably believes that the Customer's ability to make payments may be impaired or if Customer fails to pay any invoice when due, SPINNER Atlanta may suspend delivery of any order or any remaining balance thereof until such payment is made or cancel any order or any remaining balance thereof, and Customer will remain liable to pay for any Products already shipped and all Non-Standard Products ordered by Customer. Customer agrees to submit such financial information as SPINNER Atlanta may reasonably require for determination of credit terms and/or continuation of credit terms.

Checks are accepted subject to collection and the date of collection will be deemed the date of payment. Any check received from Customer may be applied by SPINNER Atlanta against any obligation owing by Customer to SPINNER Atlanta under this or any other contract, regardless of any statement appearing on or referring to such check, without discharging Customer's liability for any additional amounts owing by Customer to SPINNER Atlanta. The acceptance by SPINNER Atlanta of such check will not constitute a waiver of SPINNER Atlanta's right to pursue the collection of any remaining balance. Invoices not paid when due will bear interest to date of payment at the annual rate of eighteen (18%) percent or such lower rate as may be the maximum permitted by law. If Customer fails to make payment when due, SPINNER Atlanta may pursue any legal or equitable remedies, in which event SPINNER Atlanta will be entitled to reimbursement for costs of collection and reasonable attorneys' fees. There is a $25.00 service charge on all returned checks.

4. SALES TAX
Only Georgia residents need to remit 6% sales tax. SPINNER Atlanta does not remit sales tax to states other than Georgia. Any sales tax due that is not collected by SPINNER Atlanta is the responsibility of the customer. Any customer who maintains a valid tax exemption certificate in their state should present this certificate at the time of purchase via fax at 770-263-6326.

5. DELIVERY AND TITLE
All shipments by SPINNER Atlanta are F.O.B. point of shipment from SPINNER Atlanta's facility and the amount of all transportation charges will be paid to SPINNER Atlanta by the Customer in addition to the purchase price of the Products. Subject to SPINNER Atlanta's right of stoppage in transit, delivery of the Products to the carrier will constitute delivery to Customer and title and risk of loss will pass to Customer. SPINNER Atlanta will make reasonable efforts to initiate shipment and schedule delivery as close as possible to Customer's requested delivery date(s). Customer acknowledges that delivery dates provided by SPINNER Atlanta are estimates only and that SPINNER Atlanta will not be liable for failure to deliver on such dates. Selection of the carrier and delivery route will be made by SPINNER Atlanta unless (in the case of off-line orders only such as orders placed via phone) specifically designated by Customer. SPINNER Atlanta reserves the right to make deliveries in installments. Delay in delivery of one installment will not entitle Customer to cancel any other installment(s). Delivery of any installment of Products within thirty (30) days after the date requested will constitute a timely delivery. Delivery of a quantity which varies from the quantity specified shall not relieve Customer of the obligation to accept delivery and pay for the Products delivered.

6. SPINNER ATLANTA'S LIMITED WARRANTY
All products are covered by a LIMITED WARRANTY for a period of ninety (90) days from the date of shipment when purchased from SPINNER Atlanta Enterprises, Inc. Customer must notify SPINNER Atlanta within 90 days from date of shipment of any defective product. An approved Return Materials Authorization (RMA) number must first be obtained from SPINNER Atlanta prior to the return of any merchandise to SPINNER Atlanta for inspection under warranty. Shipping charges for all materials returned under this Limited Warranty are to be prepaid by the Customer. This warranty is limited to the original purchaser. SPINNER Atlanta's liability arising out of any sale of products to Customer is expressly limited to either (1) Credit for the purchase price paid by Customer for such products (without interest), or (2) Repair and/or replacement of such products, found to be defective after inspection by SPINNER Atlanta, and such remedies shall be exclusive and in lieu of all others. This warranty is in lieu of any and all other warranties, whether oral, written, expressed, implied or statutory. Further, no warranty will apply if the Product has been subject to misuse, neglect, accident or modification, or has been soldered or altered in any way.

All returns must be shipped to:
SPINNER Atlanta Enterprises, Inc.
4355 International Blvd.
Norcross, GA 30093 USA

7. LIMITATION OF LIABILITIES
In no event shall SPINNER Atlanta be liable for any special, incidental or consequential damages of any nature including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installations or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. Customer's recovery from SPINNER Atlanta for any claim shall not exceed the purchase price paid by Customer for the goods, irrespective of the nature of the claim, whether in warrant, contract or otherwise. CUSTOMER SHALL INDEMNIFY, DEFEND AND HOLD SPINNER ATLANTA HARMLESS FROM ANY CLAIMS brought by any party regarding products supplied by SPINNER Atlanta and incorporated into the customer's product.

8. STATEMENTS AND ADVICE
If statements or advice, technical or otherwise, are offered or given to Customer, such statements or advice will be deemed to be given as an accommodation to Customer and without charge and SPINNER Atlanta shall have no responsibility or liability for the content or use of such statements or advice.

9. EXPORT CONTROL
SPINNER Atlanta, Inc. is committed to compliance with all U.S. Export Regulations and Laws. SPINNER Atlanta will not sell or ship to countries embargoed by the U.S. Treasury Office of Foreign Asset Control (OFAC) .

10. GENERAL
The Terms and Conditions may not be modified or cancelled without SPINNER Atlanta's written agreement. Accordingly, goods furnished and services rendered by SPINNER Atlanta are sold only on the terms and conditions stated herein. The Terms and Conditions will be governed by and construed in accordance with the laws of the state of Georgia and the applicable laws of the United States.