- Delivery takes place at the time the common carrier receives the goods for transportation to buyer's premises.
- Seller shall not be liable for delays in delivery, for delays in transportation or for failure to perform due to causes beyond the reasonable control of the Seller.
- Orders accepted by Seller may be canceled by Buyer only upon written consent of Seller.
- Approval must be obtained from ARC prior to return of any merchandise.
- All material returned without an ARC RMA (Return Merchandise Authorization) number will be refused automatically.
- Terms of payment are C.O.D. unless otherwise specified by Seller in writing. In the event that payment is not received within the specified period, any unpaid balance will commence interest at the rate of 1.5% per month.
- Advanced Relay Corporation will charge $25.00 for each returned check.
- Seller retains permanent title to the software per Advanced Relay Corporation Software License Agreement. Seller retains, and buyer hereby grants Seller, a security interest in the use of the hardware and software goods, including all accessions to and replacements of them until Buyer has made payment in full in accordance with the terms hereof.
- Buyer shall cooperate fully with Seller in executing such documents including a Uniform Commercial Code financing statement, and accomplishing such filings and/or recordings thereof as Seller may deem necessary for the perfection and protection of such security interest.
- Seller's prices do not include sales, use, excise, export or similar taxes.
- Accordingly, Buyer shall, in addition to prices specified by Seller, pay any sales, use, excise, export or similar tax attributable to the sales of the goods covered hereby, or in lieu thereof provide Seller with tax exemption certificates acceptable to the taxing authorities.
Warranties and Remedies
- Seller warrants that at the time of delivery, the goods covered hereby are in accordance with the manufacturer's specifications, but makes no warranty with respect to the fitness of such products for the Buyer's particular requirements.
- Seller agrees, as Seller shall elect, to credit the account of Buyer, replace without charge, or repair without charge to Buyer all goods which, at the time of delivery, are not in accordance with manufacturer's specifications, but only if Buyer returns such goods to Seller's plant within 30 days from date of delivery, in accordance with Return Policy above, in original package and in good condition, without their serial numbers or any part thereof altered, defaced or removed, and accompanied by a specification in writing of the defects involved.
- Buyer shall notify in each instance when Buyer intends to return goods which Buyer believes are not in accordance with the manufacturer's specifications and Seller will be entitled to examine such goods at Buyer's facilities prior to return.
- Final inspection and determination whether goods are in accordance with their manufacturer's specifications be made at Buyer's plant, or may be based upon the manufacturer's actual test report.
- Seller's sole liability shall be to credit the account of the Buyer or to replace goods which are not in accordance with their manufacturer's specifications in accordance with the terms hereon and in no event shall Seller by liable for consequential damages or damages of any other kind, the foregoing remedy being the sole and exclusive remedy of the buyer.
- Buyer shall be solely responsible for the installation and operation of the goods covered hereby including, without limitation, the obtaining of all permits, licenses or certificates required for the installation or use of such goods.
- Buyer shall not use, duplicate or disclose any technical data delivered or disclosed by Seller to buyer for any purpose other than for installation, operation or maintenance of goods purchased by buyer, without Seller's prior written consent.