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Sunstar Technology
Corporation

200 Emerald Bay Dr.
Oldsmar, Florida 34677
Phone: 813-818-9721
Fax: 813-818-7552

Terms and Conditions for RMA

Sunstar Technology Corporation ("Seller") includes these terms and conditions of sale as part of any order received and accepted by it (collectively, the "Order"). The Order is the entire agreement of the parties and supersedes all negotiations, purchase quotes, agreements and understandings between the parties (written or oral). These terms and conditions shall control unless specifically changed by both parties in writing.

Acceptance and Returns. All shipments to Customer will be deemed accepted, unless a claim is made for shortage, damaged product or shipment error (collectively, "non-conformance") within 7 days of the date of the receipt. Once accepted, Customer will have no right to make a claim for any non-conformance. Only timely made claims will be eligible for return. Seller will consider proper claims, and for any non-conformance, Seller will, at Sellers discretion, either accept all non-conforming product and refund Customer for the purchase price, or replace the non-conforming product. Seller shall not be obligated to accept a return, unless the return has received the prior authorization from Sunstar Technology Corp., whose contact number is 813-818-9721. In addition, Seller is not obligated to accept a return, unless the return is accompanied by a test report from an independent inspector (with experience related to the product in question) indicating the nature of the non-conformance to the Order and necessity for the request for return.

Security Interest. Customer grants a security interest in the product provided as part of the Order, including all accessions to and replacements of the product and proceeds thereof, to secure the timely payment of all amounts due. Customer shall execute and deliver to Seller any additional documents, instruments, financing statements, or amendments that Seller deems necessary or advisable to maintain, continue and perfect the security interest created.

Limitation of Liability. The product is provided on an "as-is" basis. SELLER DISCLAIMS all warranties, express or implied, including any warranty of merchantability, fitness for a particular purpose, YEAR 2000 (Y2K) COMPLIANCE or other warranty of quality. SELLERS LIABILITY FOR ANY CLAIM UNDER THIS ORDER (WHETHER BASED ON BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY), SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE PRODUCT. SELLERS ONLY RESPONSIBILITY WITH RESPECT TO A CLAIM UNDER THIS ORDER WILL BE TO EITHER THE REPAIR AND REPLACEMENT OF NON-COMFORMING PRODUCT OR THE RETURN OF THE PURCHASE PRICE, AS DETERMINED BY SELLER IN ITS DISCRETION. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PURCHASE DAMAGES RESULTING FROM ANY CLAIM (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS LOSSES, DAMAGE TO PROPERTY OR ANY LIABILITY OF CONSUMER TO THIRD PARTIES).

Force Majeure. Seller will not be responsible for any delay, failure, or omission due to any cause that is beyond its reasonable control, is not due to its own gross negligence, and cannot be overcome with the exercise of reasonable diligence.

Legal Proceedings. This contract is governed by the laws of the State of Florida. In any legal proceeding concerning this contract the losing party shall reimburse the prevailing party, on demand, for all costs and expenses (including legal fees and expenses) that are incurred by the prevailing party in connection with that legal proceeding. The parties consent to the personal jurisdiction of the State and Federal courts having jurisdiction over Hillsborough County, Florida, and stipulate that the proper, exclusive and convenient venues for all legal proceedings arising out of this Order are Hillsborough County, Florida, for a State court proceeding, and the Middle District of Florida, Tampa Division, for a Federal court proceeding.