Hardware Sales: Terms and Conditions
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1. DEFINITIONS. 'BUYER' shall mean the person or entity described on the face hereof as the “Bill to”. "Goods" shall mean the products described on the face here of as being sold to BUYER.
2. ACCEPTANCE. Notwithstanding anything in BUYER's form of Purchase Order or other order form to the contrary, BUYER's acceptance of the Goods shall constitute an affirmation by BUYER that the terms and conditions set forth herein govern the purchase and sale of the Goods and that the terms in BUYER's order forms that are in addition to, in conflict with or are different from the terms and conditions herein shall have no effect on this transaction. The contract formed in accordance with the foregoing shall be referred to as the "Order".
3. PURCHASE PRICE. The BUYER agrees to pay the total purchase price as specified on the front of this document. In addition, the BUYER agrees to pay any sales or other taxes levied on or measured by such purchase price, or arising from the use of the Goods and any parts or maintenance supplied, including without any limitation, any additional sales, use, gross receipts, privilege, excise, and personal property taxes unless specified in writing on this document.
4. PAYMENT TERMS. The total amount of this Invoice shall be payable in full by Buyer within thirty (30) days after the date of this Invoice., unless otherwise specified in writing in this document. All amours past due are subject to a late charge of one and one-half percent (1 1/2%) per month or eighteen percent, (18%) per annum in addition to a $25 collection fee.
5. INSPECTION. The BUYER shall inspect the Goods at delivery and shall notify Design Masters Net Services or TampaTechs.com of any defects or discrepancies within one (1) day of receipt of Goods.
6. TITLE AND RISK OF LOSS. Title and Risk of loss or damage to the Goods shall pass to the BUYER on the date of shipping products(s) to the BUYER.
7. LIMITED WARRANTY. Design Masters Net Services and TampaTechs.com offer no warranty other than the express warranty offered by the manufacturer for up to 90 days on new items only. In the event any Good has a manufacturer's warranty beyond 90 days, it is the BUYER'S responsibility to deal directly with the manufacturer for any repairs or replacements that occur beyond the one year warranty period. During this one year manufacturer's warranty period, Design Masters Net Services or TampaTechs.com will repair or replace all Goods which prove to be defective during the specified manufacturer's warranty. However, Design Masters Net Services and TampaTechs.com will not warrant any Goods which have been subjected to improper freight handling/shipping, abuse, neglect, or ' unauthorized repair or installation. The warranty also will not cover Goods installed with non- Design Masters Net Services or non-TampaTechs.com components, and parts with broken warranty seals or assembly trace. This warranty policy does not extend beyond the original BUYER. Design Masters Net Services and TampaTechs.com reserve the right to request the total cost of the replacement of Goods or the Goods itself, if later to be found physically damaged by the BUYER.
8. DISCLAIMER OF WARRANTY. DESIGN MASTERS NET SERVICES AND TAMPATECHS.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY ' IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUYER'S SOLE AND EXCLUSIVE REMEDY FOR DESIGN MASTERS NET SERVICES’ OR TAMPATECHS.COM’S LIABILITY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND THE BREACH OF ANY AND ALL WARRANTIES) SHALL BE LIMITED TO THE REPLACEMENT OF DEFECTIVE GOODS AT NO CHARGE TO BUYER. IN NO EVENT SHALL DESIGN MASTERS NET SERVICES’ AND TAMPATECHS.COM’S LIABILITY INCLUDE ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSSES OR DAMAGES, EVEN IF DESIGN MASTERS NET SERVICES AND TAMPATECHS.COM SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
9. USED GOODS. All used products are sold AS-IS unless otherwise stated on invoice in which case Design Masters Net Services and TampaTechs.com will not warrant any Goods which have been subjected to improper freight handling/shipping, abuse, neglect, or ' unauthorized repair or installation. The warranty also will not cover Goods installed with non- Design Masters Net Services or non-TampaTechs.com components, and parts with broken warranty seals or assembly trace. This warranty policy does not extend beyond the original BUYER. Design Masters Net Services and TampaTechs.com reserve the right to request the total cost of the replacement of Goods or the Goods itself, if later to be found physically damaged by the BUYER.
10. REFURBISHED PRODUCTS. All refurbished products are sold with a limited 30 day warranty for exchange or refund only and will be determined by availability of replacement for defective product. Design Masters Net Services and TampaTechs.com may take up to 35 days to replace item or issue this credit. However, Design Masters Net Services and TampaTechs.com will not warrant any Goods which have been subjected to improper freight handling/shipping, abuse, neglect, or ' unauthorized repair or installation. The warranty also will not cover Goods installed with non- Design Masters Net Services or non-TampaTechs.com components, and parts with broken warranty seals or assembly trace. This warranty policy does not extend beyond the original BUYER. Design Masters Net Services and TampaTechs.com reserve the right to request the total cost of the replacement of Goods or the Goods itself, if later to be found physically damaged by the BUYER.
11. ALTERATIONS, MODIFICATIONS AND ATTACHMENTS. Any alterations, modifications, additions, improvements, installation; or attachments on the Goods not authorized in writing by Design Masters Net Services or TampaTechs.com shall solely be at the BUYER'S own expense and risk, If operation of the Goods is affected In any way by such Unauthorized alterations, ,modifications, additions, improvements, attachments, or installation, the warranty shall be deemed waived by the BUYER, and neither Design Masters Net Services nor TampaTechs.com shall have no furl obligation to the BUYER.
12. RETURN OF GOODS DAMAGED ON ARRIVAL, (DOA). Design Masters Net Services and TampaTechs.com will not accept any returned Goods or DOA Goods during the manufacturer's warranty period unless, BUYER follows Design Masters Net Services and TampaTechs.com Return Merchandise Procedure and Policy. All shipments returned to the BUYER will be by UPS Ground, USPS, or Fed-ex. The BUYER is responsible for the difference of the freight charges if the shipping instructions require an express delivery. The charge will be Cash on Delivery (C.O.D.).
13. FORCE MAJEURE. Design Masters Net Services and TampaTechs.com shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the .event such failure was due, in whole or in part, to federal, state 'or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances within the United States not subject to the control of Design Masters Net Services and TampaTechs.com which cause or hinders the manufacture or delivery of Goods.
14. CANCELLATION. An Order may not be canceled, in whole or in part, by BUYER without neither Design Masters Net Services nor TampaTechs.com prior written consent and only upon terms and conditions that will indemnify, hold harmless and compensate neither Design Masters Net Services nor TampaTechs.com against loss including, but not limited- to, the loss of profits as a result of such cancellation.
15. ATTORNEYS' FEES. If any suit or action to enforce or to interpret any of the terms, conditions or covenants herein, or to recover damages as a result of a breach of any provision of this Order, the prevailing party shall be entitled to recover from the party not prevailing the costs and expenses, including reasonable attorneys' fees incurred by the prevailing party in prosecuting or defending such action and any appeals taken there from.
16. GOVERNING LAW VENUE. This Invoice and the rights and obligations of BUYER and Design Masters Net Services or TampaTechs.com shall be governed by and construed in accordance with the laws of the State of Florida, excluding its choice of law provisions. All disputes arising under or related to this Invoice which are not settled by agreement of the parties shall be litigated in the State or Federal Courts in the State of Florida, County of Hillsborough.
17. SEVERABILITY. If at any time any one or more of the provisions of this invoice becomes or is held by a court to be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions of this Invoice shag not in any way be affected or impaired thereby.
18. ENTIRE AGREEMENT. This Invoice sets forth the entire agreement between BUYER and Design Masters Net Services and TampaTechs.com and exclusively determines the rights and obligations of BUYER and Design Masters Net Services and TampaTechs.com, not withstanding any, prior course of dealing, custom or usage of trade or course of performance or any additional or different terms proposed by BUYER at any time.