STANDARD TERMS AND CONDITIONS
This quote is good for 30 days. Shipping is FOB source, and availability is 4 weeks ARO. Sales Tax is applicable on hardware, software, maintenance and professional services. We reserve the right to cancel orders arising from pricing or other errors.
Buyer’s agreement with these Terms and Conditions shall be evidenced by the issuance of a purchase order, or any other acknowledgement hereof, including acceptance of shipment. These Terms and Conditions shall supersede any terms in a purchase order issued by the Buyer. Prices quoted here may not include installation, shipping, insurance or taxes, all of which shall be paid, if applicable, by the Buyer. All amounts not paid within 30 days of Sellers invoice will accrue a late fee of 1.5% per month until payment is received by Seller. If a Buyer has not paid its obligations when due, the Seller has the right, in addition to the late payment fee, to take possession, well, lease, or otherwise dispose of any or all goods, and pursue all other rights and remedies afforded by applicable law, whether in law or in equity. Returned goods will be subject to a restocking fee equal to 25% of the purchase price.
Buyer may return Products to Seller subject to the following: (a) Buyer must contact Seller to obtain Seller’s consent and a return material authorization (“RMA”); (b) Buyer shall prominently display the RMA number on the return packing AND shall provide Seller with a carrier tracking number as proof of shipment; (c) the Product must be returned within thirty (30) days of the invoice date and; (d) the Product must be new, unused and returned in its original packaging, which has not been damaged or altered. All Products must be shipped by Buyer FOB destination and received within fifteen (15) days of the date of issuance of the RMA. All credits issued by the Seller shall be based on proof of shipment and verification of receipt of the Product within the time set forth above. If proof of shipment and verification of return of the Product cannot be established, Buyer shall remain obligated to pay all amounts due.
Seller will not be liable for any defective goods, variations from specification, nor for any delay in the performance of orders or contracts, or in the delivery, non-delivery or damages of good related thereto. SELLER DOES NOT MAKE ANY AWRRANTIES, EXPRESS OR IMPLIED, TO BUYER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF INFRINGEMENT, MERCHANT ABILITY, TITLE, CONDITION OR FITNESS FOR ANY PARTICULARPURPOSE. BUYER’S SOLE REMEDY FOR SELLER’S NON-PERFORMANCE UNDER THESE TERMS AND CONDITIONS, WHETHER BY NEGLIGENCE, PRODUCTS LIABILITY, STRICT LIABILITY, CONTRACT OR OTHERWISE, WILL BE THE RETURN OF THE PURCHASE PRICE PAID BY BUYER AND RECEIVED BY SELLER, IF ANY. IN NO EVENT SHALL SELLER BE LIABLE FOR LOST GOODWILL, PROFITS OF ANY KIND OR SPECIAL, PUNITIVE INCIDENTAL OR CONSEQUENTIAL DAMAGES, WETHER FOR REPROCUREMENT COSTS OR FOR LOSS OF USE OF THE GOODS.