Definitions
In these conditions BuyToughPC shall mean BuyToughPC, L.L.C.., the ‘Customer' shall mean the person, firm of company whose order has been accepted, the ‘Products' shall mean the goods, services, or products described in BuyToughPC's invoice(s), the ‘Contract' shall mean the contract or contracts for the sales of the Products made between BuyToughPC and the Customer. ‘Delivery' shall mean collection by the Customer from BuyToughPC or the delivery by BuyToughPC to the Customer.

Conditions of Contract
These conditions shall be the only conditions of Contract between BuyToughPC and the Customer and no other terms, conditions, warranties, undertakings or representation expressed or implied shall apply to the contract. In the event that any order or any other document of the Customer purports to incorporate into the Contact any terms or conditions other than these conditions, Delivery of Products by BuyToughPC shall in each case be deemed to be made on the condition that such delivery constitutes an offer to the Customer by BuyToughPC to enter into the Contact only subject to these conditions, which shall be accepted by the Customer upon his taking delivery of the Products. No variations of these conditions shall be effective unless agreed in writing by BuyToughPC and the Customer.

Drawings and Specifications
Unless otherwise stipulated all specifications, drawings and particulars of weights, dimensions, and performance issued by BuyToughPC are approximate only and BuyToughPC gives no warranty of representation that the Products will conform to such specifications. The descriptions and illustrations contained in sales literature, price lists, and other printed matter are intended merely to present a general idea of the goods described therein and none of these shall form part of the Contract.

Products Improvement
BuyToughPC may make minor changes in matter of detail if the facilities or performance is not thereby impaired.

Fitness for Purpose
BuyToughPC will not be liable in respect of any claim arising out of any of the Products proving not to be fit and suitable for any purpose other than that notified to BuyToughPC by the Customer and stated in the Customers order or reasonably understood by BuyToughPC to be the purpose for which the goods would be used.

Delivery Dates
Time of delivery shall not be of the essence. Delivery dates are estimates only and BuyToughPC shall not be liable for any losses, costs, damages, or expenses suffered by the Customer or any other person or Company howsoever arising whether directly or indirectly out of any failure to meet any estimated delivery date.

Effecting Delivery

• BuyToughPC will notify the customer at the time when the Products are ready for delivery (‘Delivery Notice').
• If within seven days of the Delivery Notice the Customer fails to collect the Products from the BuyToughPC warehouse or otherwise give instruction for the delivery of the Product to a destination specified by the Customer, Delivery of the Products shall nevertheless be deemed to have taken place upon the expiration of the period of seven days from the Delivery Notice and risk in the Products shall pass to the customer.
• The Customer shall indemnify BuyToughPC against any storage and handling charges and any other costs and expenses incurred by BuyToughPC in respect of any of the Products not collected by the Customer in accordance with condition 7b above, following the expiration of the period of seven days from Delivery Notice.

Cancellation and Variation of Orders

• The Customer shall not cancel any order for the supply of the Products nor vary any delivery date without the prior written consent of BuyToughPC. BuyToughPC may, as a condition of its consent, impose such charge for cancellation or variation as it considers appropriate, including a charge for cancellation equivalent to the costs incurred by BuyToughPC prior to the date of cancellation in respect of all items and materials orders, manufactured or supplied to BuyToughPC in connection with the supply of the Products.
• In the event of cancellation by the Customer without BuyToughPC's written consent, the Customer shall remain liable to pay BuyToughPC the full price of the Products and BuyToughPC shall be entitled to retain any monies received in respect thereof. If BuyToughPC is unable to deliver the Products to the Customer due to any action on the part of the Customer, including lack of instruction, BuyToughPC may regard such action or lack of instruction as a unilateral cancellation of the order by the Customer.
• The Customer shall not return the Products to BuyToughPC (save under condition 12 below) without the prior written consent of BuyToughPC which may be granted on such terms as BuyToughPC considers fit, including the payment of the costs of inspection, refurbishment, and handling of the returned Products. Freight charges upon returned Products shall be charged to the Customer's account.

Prices

• The Customer shall pay BuyToughPC the prices for the Products shown on the quotation or sales invoice.
• Prices are quoted ex-warehouse at any of BuyToughPC's warehousing facilities and the Customer shall bear the costs of freight and insurance.
• Unless otherwise stated, prices are exclusive of any applicable taxes, which shall be paid by Customer.
• Quoted prices are held firm for a thirty (30) day period.
• Prices quoted do not include travel and/or travel related expenses. BuyToughPC will invoice these expenses at the end of the month incurred.

Payment

• Subject to a satisfactory credit arrangement, BuyToughPC may allow payment to be made according to the following schedule:
• Hardware shall be paid for thirty (30) days from the date of invoice,
• Maintenance and service contracts will be paid in advance.
• In the absence of a satisfactory credit arrangement, payment will be made prior to delivery.
• BuyToughPC reserves the right to defer, without penalty, delivery of any Products that have been ordered by the Customer so long as any amounts remain overdue for payment. In the event of none or only partial payment within the payment terms set out in Condition 10a above, interest on the overdue sum shall accrue at the rate of four (4) per cent above United States Prime Rate.
• No claim by the Customer in respect of the Products comprised in one Delivery of Products shall entitle the Customer to withhold payment of the whole or any part of the price payable in respect of any other Delivery of the Products.

Risk and Title

• Risk in the Products shall pass to the Customer on completion of loading ready for dispatch to the Customer or upon collection by the Customer (as the case may be). However, until
• BuyToughPC has received payment of the full price for the Products together with all applicable taxes thereon:
  Full legal and equitable title in and to each such Product shall remain with BuyToughPC.
• BuyToughPC shall be entitled to require the Customer to return each such Product to BuyToughPC or enter any premises of the Customer for the purpose of removing and to remove each such Product.
• Subject to this condition 11, the Customer shall be at liberty to sell each Product in the ordinary course of business. In such event the proceeds of sale thereof shall be the property of BuyToughPC and shall be held by the Customer in a fiduciary capacity for BuyToughPC.

Inspection and Warranty

• BuyToughPC warrants that all BuyToughPC hardware products will be free from any defect in material or workmanship for a period of twelve months from the date of Delivery. If any Products supplied to the Customer suffer from such defect then BuyToughPC undertakes to replace in part or in whole defective Products such that the Products shall be of merchantable quality. However, BuyToughPC's liability is limited solely to the replacement or repair of defective Product parts that are:
• Returned shipping and handling charges prepaid by the Customer within such twelve month period; and
• Proven to be defective upon BuyToughPC's inspection.
• BuyToughPC will not warrantee any software contained within BuyToughPC hardware in accordance with the terms of the relevant software license.
• BuyToughPC shall not be liable for any defect or damage caused to any Products after Delivery to the Customer.
• The Customers cost of labor to inspect or remove defective parts and to install replacement parts shall be borne solely by the Customer and shall not be reimbursable by BuyToughPC.
• Warranties contained in this condition 12 are (to the extent permitted by law) given by BuyToughPC in lieu of and to the exclusion of any other representation, guarantee, condition or warranty whatsoever to the quality of the Products supplied by BuyToughPC or their fitness for any other purpose whether such representation, guarantee, condition or warranty be express or implied statutory or otherwise.
• BuyToughPC expressly excludes (to the extent permitted by law) any liability arising in contract or tort or otherwise howsoever:
  i. For consequential loss or damage caused by or arising out of the use of the Products or occurring in respect of the Products; or
  ii. For loss, injury or damage due to fair wear and tear; negligent or improper installation, use or maintenance, storage or handling of the Products on the part of any person, firm or company other than BuyToughPC and its employees, including (without prejudice to the generality of the foregoing) the use or operation of the Products other than strictly in accordance with BuyToughPC's instructions on the repair or alteration to any of the Products by any person acting other than in accordance with BuyToughPC's current service bulletins.

Force Majeure
BuyToughPC shall not be liable to pay compensation nor shall it be a ground for termination of the Contract if it fails to deliver or delays in delivering any Products as a result (whether directly or indirectly) of any strike, lockout, fire, flood, inability to obtain materials, breakdown, delay of supplier or carrier, government act or regulation or any other cause beyond its control.

Governing Law
This contract shall be governed by the laws of the State of Oklahoma and be subject to the jurisdiction of the Courts of the Northern District of Oklahoma.