Please read the terms below before proceeding!
DataQä
Internet Equipment Corporation
Additional
Terms of Sale:
1.
EQUIPMENT STATUS AND CONDITION: All equipment sold by DataQ™
is manufactured by the indicated manufacturer (“the Manufacturer”).
Unless specifically stated on this invoice (or by written notice
from DataQ™), the items described on this invoice are in unused
condition.
2. DISCLAIMER AND ACKNOWLEDGEMENT: DataQ™ is not affiliated
with the manufacturer of the items described on this invoice and is
not the Manufacturer’s authorized distributor of this equipment.
Buyer acknowledges and understands that the items described on this
invoice are not warranted by the Manufacturer, but are solely
warranted by DataQ™ as described below. Any Manufacturer’s warranty
will not apply to the products identified on this invoice and the
only warranty on these products is provided by DataQ™ on the terms
hereinafter set forth in this invoice
3. DataQ™ WARRANTY: DataQ™ warrants the products described on
this invoice to the extent and on the terms set forth in the
express, limited warranty the Manufacturer of these products offers
for products sold in its normal distribution channel. Except as
hereinafter set forth, this warranty is the same as the
Manufacturer’s warranty (up to a maximum of one year) for data
network equipment, is limited by the same assumptions as to intended
use and similar restrictions as the Manufacturer’s warranty, and
extends for the same term as the Manufacturer’s warranty up to one
year. In order to properly identify items warranted by DataQ™, each
such item contains a tracking number assigned by DataQ™. No warranty
will be honored by DataQ™ for items returned without its tracking
number.
4. NO IMPLIED WARRANTIES; LIMITATION OF LIABILITY: Except as
set forth in paragraph 3, DATAQ™ DISCLAIMS ALL REPRESENTATIONS
AND EXPRESS WARRANTIES AND FURTHERMORE DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DATAQ™ SHALL
NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
ARISING FROM THE PURCHASE OR USE OF OR OTHERWISE RELATED TO THE
ITEMS DESCRIBED ON THIS INVOICE.
5. RETURNS: Requests for returns must be approved by DataQ™
in writing. No returns will be accepted without such prior written
approval and only on the terms and conditions specified therein.
Approved returns will be subject to a 20% restocking charge.
6. MISSING, DAMAGED OR INOPERABLE ITEMS: Within 5 days of
receipt of the items described on this invoice, DataQ™ must be
notified in writing of missing, damaged, or inoperable items. Notice
must be given by certified mail, return receipt requested, by a
nationally recognized overnight service or by fax with confirmation
of delivery. Unless such written notice is given in accordance with
this paragraph 6, all sales are final.
7. PAYMENT TERMS: Agreed payment terms are indicated on the
invoice. Past due payments will be subject to a 1.5% per month
charge. Payments more than 30 days overdue are subject to DataQ™’s
reasonable collection costs.
8. MODIFICATIONS: DataQ™ reserves the right to amend, modify,
or revise any or all of the terms hereof without notice to Buyer.
Additional terms may apply; if applicable, they are enclosed
separately.
REVISED 11/2/01
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