Terms and Conditions - Product Sales

Rev 2021.07.7
- 4 -
reverse engineer any Product delivered by PHI, or otherwise attempt to circumvent PHI’s right, title or
interest in any of the foregoing.
5. Prices; Terms of Payment; Holding Fee; Cancellation Fee
A. Prices. PHI communicates pricing to Buyers in various ways (e.g. quotes, estimates). However,
unless otherwise stated in an Acceptance, prices to be paid by a Buyer for PHI’s
products or services shall
be those set forth on PHI’s general price list in effect on the date of Acceptance.
B. Quoted Prices. All prices quoted in an Acceptance are net of delivery charges, taxes, customs, or
other governmental charges, and are quoted as payable in United States dollars at PHI’s place of business
in Oxnard, California. All prices are (i) F.O.B. PHI’s Designated Shipping Point, if shipped within the United
States or (ii) EXW PHI’s Designated Shipping Point (Incoterms 2010) if shipped internationally, excluding
in each instance packaging and transport. Packing and transport will be charged separately. Any applicable
taxes and other governmental charges, including, without limitation, value added taxes, sales or use taxes,
other local, state, provincial or federal taxes arising from the sale or delivery of the Products or Services will
be stated separately on PHI’s Final Invoice and will be payable in Untied States Dollars together with the
purchase price for such Products or Services, unless Buyer provides a current and valid exemption
certificate.
C. Price Adjustments. Prior to delivery, PHI’s price for a Product or a Service may change due to
adjustments in specifications, quantities, shipment arrangements, requested delivery dates, or other
changes to conditions including but not limited to any costs increases that occur between the time of
Acceptance and delivery. The final price in effect on the date of delivery as stated in
PHI’s Final Invoice applies.
D. Payment Terms for Products. Unless agreed by the parties otherwise, terms of Payment for
Products are (i) sixty percent (60%) of the purchase price within five (5) days after receipt of Acceptance by
Buyer and (ii) forty percent (40%) of the purchase price upon PHI advising Buyer the Product is available to
ship from PHI’s Designated Shipping Point.
E. Payment Terms for Services. Unless agreed by the parties otherwise, the terms of payment for
any Service are (i) thirty percent (30%) of the service fee within five (5) days after receipt of Acceptance by
Buyer (ii) fifty percent of the service fee immediately prior to commencement of the Service, and (iii) twenty
percent (20%) of the service fee ten days following completion of the Service.
F. Wire Transfers & ACH Payments. Unless agree by the parties otherwise, Payments by Buyer
must be made by wire transfer or ACH transfer to the account designated by PHI. All prices are quoted,
and must be paid, in United States Dollars, or as otherwise specified on the quotation.
Any applicable wire
fees or ACH fees by banking institution are the sole responsibility of the Buyer.
G. Failure to Make Payment. If Buyer fails to make any Payment of an invoice according to its terms
or upon such credit terms as expressly agreed to in writing by PHI, then, in addition to all other rights and
remedies available to PHI under applicable laws, in contract or in equity:
(a) Buyer shall be responsible for any and all commercially reasonable charges, expenses or
commissions incurred by PHI to stop delivery, shipping and storage of any Product or performance of any
Service and in connection with the return or resale of any Product;