Terms & Conditions

TERMS AND CONDITIONS OF SALE

1. PRICES: Prices quoted for items sold (“Equipment”) do not include any customs duties, fees or taxes, however characterized, transportation charges or insurance costs, all of which where applicable shall be paid by Buyer. Price includes packaging in accordance with standard commercial practice unless otherwise specified by Buyer in which case packaging will be at Buyer’s expense.
   
2. DELIVERY: Domestic shipments travel via UPS Ground. International delivery is free carrier (FCA), Scottsdale, Arizona (INCOTERMS 2010). Risk of loss will pass upon delivery to a carrier at Titan’s facility. Titan Defense will deliver to a carrier it deems most appropriate unless Buyer specifies a carrier.
   
3. PAYMENT: Payment shall be made in full in immediately available U.S. dollars to Titan Defense by bank wire credit card, wire transfer, ACH, check, or as otherwise agreed in the contract to which these terms and conditions are attached.
   
4. WARRANTIES AND REMEDIES: Titan Defense only offers manufacture’s warranty.
   
5. LIMITATIONS: Titan Defense shall in no event be liable to Buyer or any third party for any consequential damages for personal injury, property damage or for any incidental or consequential damages due to use, possession, or operation of the products sold hereunder, whether alleged to be due in whole or part to Titan’s fault or negligence, or for any damages in excess of the price actually paid for the item of Equipment which is the subject of the claim for damages.
   
6. COMPLIANCE WITH S. LAW: Export of the items purchased under this agreement is contingent upon obtaining an export license from either the U.S. Department of State or Commerce as applicable, and Titan Defense will not be liable for the Government’s failure to issue or withdrawal of any previously issued export license. Buyer, or other organization disclosed by Buyer in the sales contract, is the ultimate destination of any item sold hereunder. Buyer will not transfer items sold hereunder without approval of the U.S. Government in accordance with U.S export regulations.
   
7. PROPRIETARY INFORMATION: It may be necessary to disclose to Buyer information that Titan Defense wishes to protect from unauthorized use and disclosure. Buyer agrees that it will not disclose to anyone outside its organization, or to anyone within its organization that does not have a need to know, any information or data that that is submitted in writing and designated by an appropriate marking indicating a proprietary nature, or which is submitted orally and identified as proprietary provided that Titan notifies Buyer in writing of the proprietary information within 30 days of its oral disclosure.
   
8. JURISDICTION: The laws of the State of Arizona shall govern this Agreement and shall be the exclusive jurisdiction and venue for any proceedings connected with or arising from this Agreement.
   
9. GENERAL: The terms and conditions of this Agreement constitute the full understanding and the entire agreement between the parties, and no terms, conditions, understandings, or agreements purporting to add, delete, modify, cancel, rescind or vary them shall be binding unless accepted in writing by the party to be bound. In the event any portion of this Agreement is held invalid or unenforceable, such invalidity or unenforceability shall not affect the other portions of this Agreement.