Terms & Conditions

PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS BEFORE PURCHASING FROM QBT INC. YOUR PURCHASE ORDERS INDICATE THAT YOU ACCEPT THESE TERMS AND CONDITIONS.

  1. Payment and Service Charges:

    If the purchase price for the sale of any goods sold by Seller to Buyer (“Property”) is not paid on or before the last day of the calendar month following the month of delivery or within any other time period agreed upon in writing, Buyer agrees to pay Seller service charges equal to one and one-half percent (1-1 1/2%) of the amount of such delinquent payment, or any portion thereof, such charges to accrue and be payable on a monthly basis for each and every calendar month for which full payment, together with the accrued service charges, is delinquent.

  2. Nonconforming Goods:

    Buyer shall notify Seller in writing within twenty-four (24) hours after delivery of any nonconforming items of Property or any deficiencies or shortages, otherwise all such claims shall be deemed waived by Buyer. The use by Buyer of any Property claimed to be nonconforming or deficient shall constitute acceptance of such items by Buyer. Unless Seller otherwise specifically agrees, Buyer shall have no right to withhold payment of the purchase price or to adjust the amount of the purchase price because of any such claim.

  3. Title:

    Title to all Property shall be retained by Seller until payment in full is made by Buyer. Risk of loss or damage to all Property shall pass to Buyer at the time of delivery of the Property to Buyer or pick-up of the Property by Buyer.

  4. Security Interest:

    Buyer hereby grants to Seller a purchase money interest in all Property and the proceeds thereof. Upon the request by Seller, Buyer shall promptly execute any Uniform Commercial Code (UCC) financing statements and other similar documents reasonably deemed necessary or desirable by Seller and promptly deliver such documents to Seller. Buyer hereby appoints Seller its attorney-in-fact to file or record any such documents. Buyer hereby represents to Seller that there are no liens, attachments, or other obligations in the name of a third party, including a lending institution, except as otherwise disclosed by Buyer to Seller in writing, which would in any way impair or diminish the security interest herein granted to Seller. Until payment is received in full by Seller and title has passed to Buyer, Buyer shall not suffer or permit any lien or attachment to be levied on the Property.Buyer hereby grants to Seller a purchase money interest in all Property and the proceeds thereof. Upon the request by Seller, Buyer shall promptly execute any Uniform Commercial Code (UCC) financing statements and other similar documents reasonably deemed necessary or desirable by Seller and promptly deliver such documents to Seller. Buyer hereby appoints Seller its attorney-in-fact to file or record any such documents. Buyer hereby represents to Seller that there are no liens, attachments, or other obligations in the name of a third party, including a lending institution, except as otherwise disclosed by Buyer to Seller in writing, which would in any way impair or diminish the security interest herein granted to Seller. Until payment is received in full by Seller and title has passed to Buyer, Buyer shall not suffer or permit any lien or attachment to be levied on the Property.

  5. Liens and Insurance:

    Buyer shall not permit any lien. encumbrance or security interest to attach to any of the Property or to be levied upon any of the Property under legal process, or dispose of the Property, other than in the ordinary course of business, or permit anything to be done that may impair the value of the Property, prior to the payment in full of the balance of the purchase price. Buyer shall insure the Property against risk of loss or damage by fire, including extended coverage, theft, and such other casualties in an amount equal to the full replacement value thereof, loss payable endorsements on all such policies to be payable to Seller and Buyer as their interests may appear.

  6. Buyer’s Default:​

    Occurrence of any of the following with respect to Buyer shall constitute an event of default:
    (i)failure to pay when due the purchase price or any balance thereof;
    (ii) failure to pay when due any costs or expenses necessary to preserve or protect the Property;
    (iii) the business failure, or the failure or inability to pay debts in the ordinary course or as they become due, or insolvency with the meaning of the federal bankruptcy laws or state insolvency laws or otherwise;
    (iv) the commission of any act of bankruptcy, assignment for the benefit of creditors, composition of creditors or the commencement or any proceedings, whether voluntary or involuntary, under any federal or state bankruptcy,
    reorganization,or insolvency laws.

  7. Seller’s Remedies:

    Upon the occurrence of an event of default, Seller shall have all the rights and remedies available to Seller under the California Uniform Commercial Code or other applicable law and all rights provided herein, all of which rights and remedies shall, to the fullest extent permitted by law, be cumulative.

  8. Attorney’s Fees:

    Buyer hereby agrees to pay to Seller all attorney’s fees and costs and expenses of enforcement of this agreement, including without limitation collection costs, service of process fees, filing fees, court and court reporter costs, investigative costs, expert witness fees, appraisal fees, trustee and master fees, receiver’s fees, keeper fees, and the costs of any bonds, whether otherwise taxable or not, incurred by Seller.

  9. Governing Law:

    This agreement is entered into in the County of Los Angeles, State of California, and shall be governed by and construed in accordance with the laws of the State of California, Buyer and any guarantor here-under hereby consent to the jurisdiction of the State of California, and all federal and state courts sitting in the County of Los Angeles.