All
sales are subject to the following terms and conditions:
1. Customer
acknowledgment
Customer
acknowledges agreement with these Terms of Sale by the placement of an order to
purchase a Product from TekNexum Systems.
2. All
sales made in The State of Connecticut
All sales
shall be deemed made in the State of Connecticut, U.S.A., regardless of the
location of the Customer. The Customer agrees that any dispute with
TekNexum Systems arising out of the Customer's purchase from
TekNexum Systems shall be brought by the Customer exclusively in the
state or federal courts situated in the State of Connecticut; and the Customer
hereby agrees that such venue is appropriate and that TekNexum Systems
agreement to sell and deliver products to the customer is dependent on
this provision.
3.
Purchase price
(I)
Prices listed in TekNexum System’s Web site, are subject to
change without notice. Prices for certain government, corporate, and
institutional customers may be set forth in a bid or other written agreement
between the parties.
(II) Payment is due before shipment, unless credit terms have been arranged
in advance with TekNexum System’s credit department. In such
case, payment terms shall be as set forth in the credit agreement.
(III) TekNexum Systems collects sales and use taxes for
sales made to residents in the State of Connecticut. TekNexum
Systems shall not be liable for handling or customs charges for shipments
outside the United States.
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4. Shipping terms
Shipping
terms are: F.O.B. Waterbury Connecticut. TekNexum Systems will
arrange payment for shipping with the carrier, but such costs are the
responsibility of Customer. Risk of loss is upon Customer once
TekNexum Systems delivers the product to the carrier. Delivery times are
estimates only and TekNexum Systems shall not be liable for
delays.
5.
Vendor license agreements
Customer
agrees to abide by all license provisions or end user agreement imposed by the
manufacturer or publisher.
6.
International
Products
sold by TekNexum Systems, including equipment and software, may
be exported from the United States only in accordance with the Export
Administration Regulations. Diversion contrary to United States law is
prohibited. Customer warrants and represents that it is eligible to receive
products under United States law and agrees to abide by any export or re-export
restrictions imposed by the manufacturer or publisher.
7.
LIMITED MANUFACTURER'S WARRANTY
(I)
TekNexum Systems warrants that it has good title to the hardware
products it sells, and that it has proper authority to license the software
products it distributes.
(II) TekNexum Systems does not warrant the performance or
integrity of any Product, but merely passes through to the Customer whatever
end-user warranty the manufacturers or software publishers provide with their
respective products.
(III) STATEMENTS MADE TO YOU IN THE COURSE OF ANY PRIOR, CURRENT, OR FUTURE
SALE ARE SUBJECT TO THE YEAR 2000 INFORMATION AND READINESS DISCLOSURE ACT,
(___U.S. C.___) (P.L. 105-271). IN THE CASE OF A DISPUTE, THIS ACT MAY REDUCE
YOUR LEGAL RIGHTS REGARDING THE USE OF ANY SUCH STATEMENTS, UNLESS OTHERWISE
SPECIFIED BY YOUR CONTRACT OR TARIFF.
(IV) TekNexum Systems DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED BY LAW, INCLUDING MERCHANTABILITY AND USE FOR A PARTICULAR
PURPOSE.
8.
LIMITATION OF LIABILITY
IN NO
EVENT SHALL TekNexum Systems BE LIABLE FOR SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR
OPPORTUNITY. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IS STATED IN THE
MANUFACTURER'S OR PUBLISHER'S END USER WARRANTY ACCOMPANYING THE PRODUCT. IN NO
EVENT SHALL TEKNEXUM SYSTEM'S LIABILITY EXCEED THE REPAIR,
REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM
TEKNEXUM SYSTEMS. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF
WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS MAY NOT
APPLY. CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES
THAT VARY FROM STATE TO STATE.
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9.
Returns
Returns
of products are subject to TekNexum System’s current return
policies, which are set forth in our Web site, and shipping statement, subject
to any additional or lesser return rights adopted by the manufacturer or
publisher. Read our Returns Policy.
10.
Exclusive agreement
These
Terms of Sale represent the complete and final agreement between the Customer
and TekNexum Systems for the matters set forth herein, and shall
be supplemented only by the prices, quantity, and descriptions set forth in
TekNexum System’s invoice for the relevant sale. Terms contained
in Customers' purchase orders, offers to buy, terms and conditions, and the like
shall have no effect.
11.
General
(I) These
Terms of Sale and any transactions made under them shall be interpreted by and
be subject to the laws of the State of New York.
(II) In the event any section or portion of a section of these Terms of Sale
are deemed unlawful or unenforceable, that section or portion of a section shall
be stricken from the Terms of Sale, and the remaining terms shall continue in
full force and effect.
(III) TekNexum Systems shall not be responsible for damages
or delays resulting from Acts of God, and from other actions, both governmental
and otherwise, including but not limited to war, riot, seizure, and embargo.
(IV) These Terms of Sale may be modified from time to time by
TekNexum Systems without notice, and are current as of the date of the then
current catalog or Web site. Please refer to the current catalog or Web site.
Warranty information
You are
entitled to the manufacturer's limited express warranty, if any, that
accompanies the product. TekNexum Systems makes no additional or
independent warranty. All other warranties, express or implied, including the
warranties of merchantability and fitness for a particular purpose are
disclaimed. TekNexum Systems shall under no circumstances be
liable for special, incidental, or consequential damages including loss of
profit, even if it has been advised of the possibility of such damages; the
maximum liability for all direct damages, if any, arising out of any action
shall be limited to an amount not to exceed the purchase price of the product.
Promotions
All
promotions are subject to availability and inventory. TekNexum
Systems reserves the right to change, alter, or cancel promotions at any time
without notice.
All
non-defective returns authorized by The Company are subject to a 15% restocking
fee, and must be returned within 30 days from date of invoice. To learn more,
read our Returns Policy.
Errors and omissions
TekNexum Systems makes every effort to ensure the accuracy of the
information published in our catalogs and on our Web site. However, the
documents and graphics published on this site may contain technical inaccuracies
or typographical errors. TekNexum Systems makes no
representations about the suitability of the information and graphics presented
on this site. All such documents and graphics are provided "as is" without
warranty of any kind.
If an error is made and a product is listed at an incorrect price,
TekNexum Systems shall maintain the right to refuse or cancel any
orders placed at the incorrect price. If the order has been confirmed and
charged to your credit card, TekNexum Systems shall immediately
issue a credit in the amount of the incorrect price.
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Legal Notices
Disclaimer
While
TekNexum Systems uses reasonable efforts to include accurate and
up-to-date information on this Web site, TekNexum Systems makes
no warranties or representations as to its accuracy. TekNexum
Systems assumes no liability or responsibility for any typographical or other
errors or omissions in the content on this site. In the event that a product is
listed at an incorrect price or with other incorrect information due to a
typographical or other error, TekNexum Systems shall have the
right to refuse or cancel any orders placed for the product listed incorrectly.
TekNexum Systems shall have the right to refuse or cancel any
such orders whether or not the order has been confirmed and/or your credit card
has been charged. If your credit card has already been charged for the purchase
and your order is canceled, TekNexum Systems shall issue a
credit to your credit card account in the amount of the charge. If a product
offered by TekNexum Systems is not as described, your sole
remedy is to return it to TekNexum Systems for a refund.
LIMITATION OF LIABILITY
TEKNEXUM
SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE
DOCUMENTS AND RELATED GRAPHICS AND/OR SOFTWARE PUBLISHED ON THIS SERVER FOR ANY
PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE ENTIRE RISK
ARISING OUT OF THEIR USE REMAINS WITH THE RECIPIENT. IN NO EVENT SHALL
TEKNEXUM SYSTEMS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, OR LOSS OF BUSINESS INFORMATION), EVEN IF TEKNEXUM
SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Trademarks
TEKNEXUM Systems and the names of TekNexum Systems
products and services referenced herein are either trademarks and/or service
marks or registered trademarks and/or service marks of TekNexum
Systems.
Other product and company names mentioned herein may be trademarks and/or
service marks of their respective owners.
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Links to third-party
sites
Linked
sites are not under the control of TekNexum Systems and TekNexum
Systems is not responsible for the contents of any linked
site or any link contained in a linked site. TekNexum Systems
provides links to you only as a convenience, and the inclusion of any link does
not imply endorsement by TekNexum Systems of the site.