COMWARE TERMS AND CONDITIONS:
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT IF THE CUSTOMER HAS EXECUTED A QUOTE AND/OR HAS SUBMITTED A PURCHASE ORDER TO COMWARE, AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH COMWARE ("COMWARE"), IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and COMWARE. The Customer accepts this Sale Agreement by making a purchase and/or placing an order. (References to "you" or "your" shall relate to the Customer; references to "COMWARE" shall relate to COMWARE and its affiliates.)nBy execution of the signature line on the quote, either by signature or other acceptance, you represent that you are an authorized agent of the company and hereby agree to the terms, conditions and pricing contained in the quote as well as on Comware's web site at www.comware.com. You further acknowledge this to be a binding document that supercedes all prior verbal and written correspondence regarding the purchase of these products. Finally, you understand that your failure to comply with the terms and conditions contained herein may result in a termination or suspension of the software license and/or support agreement and requires payment in full plus a 10% pre-payment fee to reactivate the license and/or support agreement.nThe terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.nThis Sale Agreement constitutes the entire agreement between the Customer and COMWARE relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by COMWARE.nElectronic records (including electronic signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet.
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN DALLAS COUNTY, TEXAS FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by COMWARE is COMWARE's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
If goods herein being purchased are being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the United States. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased.
General Legal Disclaimer
COMWARE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY COMWARE IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Third-Party Product Disclaimer
All products sold by COMWARE are third party products and are subject to the warranties and representations of the applicable manufacturers.
Pricing and Information Disclaimer
All pricing is subject to change. For all prices, products and offers, COMWARE reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances.nnWhile COMWARE uses reasonable efforts to include accurate and up-to-date information on the Site, COMWARE makes no warranties or representations as to the Site's accuracy. COMWARE assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
COMWARE WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. COMWARE WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, COMWARE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE (S) UNDER THIS AGREEMENT.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Sale Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Sale Agreement), COMWARE's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) Notwithstanding any choice of law provision included in this Sale Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Dallas, Texas. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon COMWARE until accepted by COMWARE. Terms of payment are within COMWARE's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. COMWARE may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.
Shipping and handling charges may vary; contact your COMWARE account manager for our most current and competitive rates, options and shipping specials. In some circumstances, international shipping may be available. Call for details. n
COMWARE offers a 15-day return policy on selected items based on manufacturer return policies. For further information not listed, please contact your COMWARE account manager.nFor faster service, please have the following information on hand when calling for an RMA number: customer name, invoice number, serial number and nature of the problem. All products returned MUST: be 100 percent complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, contain all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer.nYou are responsible for shipping charges on returned items; COMWARE will match your shipping method on your replacement or exchange item(s). COMWARE strongly recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection.nIf merchandise arrives damaged: it is best to REFUSE it back to the carrier attempting delivery. If you accept the package make sure it is noted on the carrier's delivery record in order for COMWARE to file a damage claim.nSave the merchandise AND the original box and packing it arrived in, notify COMWARE immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify COMWARE of damaged goods within the first 10 days of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Call 214-905-1198 or your COMWARE account manager to arrange for carrier inspection and a pick up of damaged merchandise.nDEFECTIVE returns can be returned directly to COMWARE within 15 days from the invoice date, at COMWARE's discretion for: credit, replacement, exchange or repair.nManufacturer restrictions do apply and are outlined in our detailed policy. Any item that is missing the UPC can ONLY be replaced with the same item. After 15 days, all manufacturers' warranties apply.nNON-DEFECTIVE returns can be accepted directly by COMWARE within 15 days from the invoice date, at COMWARE's discretion for: credit, exchange. All NON-DEFECTIVE returns are subject to a 15 percent restocking fee.nDue to manufacturers' policies, COMWARE cannot accept returns of the following vendor's items for exchange, replacement or credit FOR ANY REASON: (Apple, Compaq, IBM, Hewlett-Packard, and AST). DEFECTIVE merchandise can be returned for REPAIR ONLY to: COMWARE, the manufacturer direct or any authorized service center in your area.nAdditional manufacturers may be added to this list as: manufacturer policies change, manufacturer goes out of business or in the case of specially ordered items.nCOMWARE reserves the right to authorize product returns beyond 15 days from the invoice date. If the product is accepted after 15 days, credit will be issued toward FUTURE PURCHASES ONLY. Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back to COMWARE on returned items, and COMWARE will pay the shipping charges on the replacement or exchange item(s) going back.
Software Return Policy
Unopened software may be returned for refund or exchange within 15 days of invoice date. Multiple software licenses cannot be returned for refund or exchange unless first authorized by the manufacturer.nNOTE: Multiple software licenses cannot be returned for refund or exchange unless first authorized by the manufacturer. Multiple licenses may not be returned beyond 15 days for any reason.
Check payment policy
COMWARE will accept a cashiers check or money order on all COD orders. COMWARE will accept personal and business checks for prepay orders, but allow 10 business days for clearing.