Terms and Conditions of Sale
This Agreement contains the terms and conditions that apply to your
purchase from the BizSystems ("BizSystems")
that will be provided to you ("Buyer") on orders for computer systems
related products and/or services and support sold in the United States.
By accepting delivery of the computer systems, other products and/or
services and support described on that invoice, Buyer agrees to be bound
by and accepts these terms and conditions. THESE TERMS AND CONDITIONS
APPLY UNLESS THE BUYER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH
BIZSYSTEMS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR
UNLESS OTHER BIZSYSTEMS STANDARD TERMS APPLY TO THE TRANSACTION. These
terms and conditions are subject to change without prior written notice
at any time, in BizSystems's sole discretion.
Other Documents.
These terms and conditions may NOT be altered, supplemented, or amended
by the use of any other document(s), except as otherwise noted. Any
attempt to alter, supplement or amend this document or to enter an order
for product(s) or services and support that are subject to additional or
altered terms and conditions will be null and void, unless otherwise
agreed to in a written agreement signed by both Buyer and BizSystems.
Governing Law.
THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS
OF THE STATE OF CALIFORNIA WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
Payment Terms; Orders; Quotes; Interest.
Terms of payment are within BizSystems's sole discretion, and unless
otherwise agreed to by BizSystems, payment must be received by
BizSystems prior to BizSystems's acceptance of an order. Payment for the
products and services and support will be made by credit card, wire
transfer, or some other prearranged payment method unless credit terms
have been agreed to by BizSystems. Invoices are due and payable within
the time period noted on the invoice, measured from the date of the
invoice. BizSystems may invoice parts of an order separately. Orders are
not binding upon BizSystems until accepted by BizSystems. Any quotations
given by BizSystems will be valid for the period stated on the
quotation. Buyer agrees to pay interest on all past-due sums at the
highest rate allowed by law.
Shipping Charges; Taxes.
Separate charges for shipping and handling will be shown on BizSystems'
invoices. Unless Buyer provides BizSystems with a valid and correct tax
exemption certificate applicable to the product ship-to location prior
to BizSystems's acceptance of the order, the Buyer is responsible for
sales and all other taxes associated with the order, however designated,
except for BizSystems's franchise taxes and taxes on BizSystems' net
income. If applicable, a separate charge for taxes will be shown on
BizSystems' invoices.
Title; Risk of Loss.
All products delivered pursuant to this agreement shall be shipped Free
On Board origin to the Buyer address set forth on the order. Title of
product(s) passes to Buyer upon shipment from BizSystems's facility.
Title to software will remain with the applicable licensor(s).
Warranties.
THE LIMITED WARRANTIES APPLICABLE TO BIZSYSTEMS PRODUCTS ARE INCLUDED
IN THE DOCUMENTATION ALONG WITH THE PRODUCTS, AND THERE ARE NO
WARRANTIES FOR SERVICES. BIZSYSTEMS MAKES NO EXPRESS WARRANTIES EXCEPT
THOSE STATED IN THIS SECTION AND IN BIZSYSTEMS' APPLICABLE WARRANTY
STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL
BE EFFECTIVE, AND BIZSYSTEMS WILL BE OBLIGATED TO HONOR ANY SUCH
WARRANTIES, ONLY UPON BIZSYSTEMS' RECEIPT OF PAYMENT IN FULL FOR THE
ITEM TO BE WARRANTED. BIZSYSTEMS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BIZSYSTEMS'
RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT
AS SET FORTH IN BIZSYSTEMS' APPLICABLE WARRANTY STATEMENT IN EFFECT ON
THE DATE OF THE INVOICE. BizSystems reserves the right to modify its
warranty at any time, in its sole discretion. All software is provided
subject to the license agreement that is part of the package. Buyer
agrees that it will be bound by the license agreement once the package
is opened or its seal is broken. BizSystems does not warrant any
software under this Agreement. Warranties, if any, for the software are
contained in the license agreement that governs its use.
Return Policies.
This policy applies to products shipped within the United States only.
If not completely satisfied with BizSystems' product(s), Buyer may
return them to BizSystems within 30 days of invoice for a refund of the
purchase price, less shipping and handling costs and a 15% restocking
fee. Buyer must ship product(s) back to BizSystems in original
packaging and condition, and prepay shipping charges. Buyer assumes the
risk for loss or damage during shipment.
Restocking Fees
Canceled orders and orders returned within thirty days of invoice are
subject to a 15% restocking fee.
Products.
BizSystems's policy is one of on-going product update and revision.
BizSystems may revise and discontinue products at any time.
BizSystems will ship products that have the functionality and
performance of the products ordered, but conforming goods may be used to
ensure quality and performance. Spare parts may be new or reconditioned.
Limitation of Liability.
BIZSYSTEMS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH
HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE
OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES
AND SUPPORT BIZSYSTEMS 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. THIS LIMITATION OF
LIABILITY APPLIES BOTH TO PRODUCTS AND SERVICES AND SUPPORT BUYER
PURCHASES UNDER THIS AGREEMENT. BUYER AGREES THAT FOR ANY LIABILITY
RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE
PRODUCTS, BIZSYSTEMS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF
DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY BUYER FOR THE PURCHASE
OF PRODUCTS UNDER THIS AGREEMENT. BUYER AGREES THAT FOR ANY LIABILITY
RELATED TO THE PURCHASE OF SERVICES NOT BUNDLED WITH PRODUCTS UNDER THIS
AGREEMENT, BIZSYSTEMS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF
DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY BUYER FOR THE PURCHASE
OF SERVICES UNDER THIS AGREEMENT.
Applicable Law; Not For Resale.
Buyer agrees to comply with all applicable laws and regulations of the
various states and of the United States. Products are subject to United
States export laws and may be subject to export and import laws of other
countries. Buyer will strictly comply with such laws. Buyer agrees and
represents that it is buying for its own internal use only, and not for resale.
BizSystems has separate terms and conditions governing resales.
Service and Support.
BizSystems is committed to providing the highest quality customer
and technical support. Standard technical support is available for
one year from the invoice date. The number of technical support
incidents with the standard support package is limited to five (5) for
each system purchased. BizSystems supports the configuration of the
system as purchased. Support may not include re-installation of the
operating system or the installation and configuration of hardware or
software not purchased from BizSystems. BizSystems does not offer support for
the integration of our servers with non-Linux networks. BizSystems has
no obligation to provide service or support until it has received
full payment for product(s), support and services.
Headings.
The section headings used herein are for convenience of reference only
and do not form a part of these terms and conditions, and no
construction or inference shall be derived therefrom.
* The number hard drive bays may be reduced by
inclusion of a Floppy or CDrom in the system configuration.
** Price does not include applicable taxes or shipping charges and is
subject to change without notice.
*** Availability is based on a 4 week outlook and means that product
should be available in inventory within 4 weeks.
