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A P P E N D I X D Intel ® NetStructure™ 7190 Multi-Site Traffic Director User Guide
170
2. Orders: End User may purchase Product by submitting a valid purchase order
(“Order”) to Intel at the corporate address stated herein. Orders are sub-
ject to Intel’s written acceptance (“Order Acceptance”). Order Accep-
tance is based in part to approval of credit by Intel to End User as set
forth in the “Credit Terms” Section of this Agreement.
3. Term and Termination Date: This Agreement shall be effective on the date of
the Order Acceptance and continue in effect until terminated by either
party upon thirty (30) days advance written notice unless terminated ear-
lier for breach.
4. Price: The price to be paid by End User shall be that stated on the Order as
accepted on the Order Acceptance. All prices are in U.S. dollars.
5. Credit Terms: Credit terms are made at Intel’s sole discretion by analysis of
End User’s current and historical financial and credit information, bank
and trade references, payment practices, etc. End User agrees to pro-
vide such information to Intel upon request. Intel reserves the right to
refuse payment terms if, in Intel’s sole discretion, such terms would cre-
ate an unreasonable credit risk. In that event, deliveries will be available
only on a C.O.D., cash-in-advance, or irrevocable letter of credit basis.
6. Delivery: Subject to the Section below entitled “Leasing/Renting,” if applica-
ble, Products shall be shipped Ex Works (1990 Incoterms), Intel’s ship-
ping dock. End User is responsible for payment of all costs relating to
transportation, delivery, and insurance, which shall be pre-paid by Intel
and added to the invoice, unless otherwise agreed to on the Order
Acceptance. Title and risk of loss shall pass to End User upon delivery
to the first common carrier except that shipments to destinations outside
of the United States are subject to the “Security Interest and Reservation
of Title” Section of this Agreement.
7. Security Interest And Reservation Of Title: End User hereby grants to Intel
a purchase money security interest covering each shipment of Products
made hereunder (and any proceeds thereof) in the amount of Intel's
invoice for such shipment until Intel receives payment in full. (A pur-
chase money security interest only applies to Products purchased by
End User and the proceeds from the sale of such Products by End User.)
End User agrees to sign and execute any and all documents as required
by Intel to perfect such security interest. For Products shipped to desti-
nations outside of the United States, Intel reserves title in such Products
until End User pays Intel in full for such Products, at which time title in
such Products shall pass to End User (except that in the case of soft-
ware, only title to the media shall pass).
8. Cancellation: Orders cancelled within five (5) days of scheduled shipment
may be subject to a ten percent (10%) cancellation charge.
9. Payment Terms: Payment in full is due thirty (30) days after date of the
invoice. Intel may charge End User interest on any delinquent balance
at the lesser of eighteen percent (18%) per year or the maximum amount
permitted by law. Intel may refuse shipment to End User if End User is
delinquent in making payments to Intel.