Comtech Phones Corporation Terms and Service
1. All prices are subject to change without notice. Prices exclude federal, state, or local taxes of any nature whatsoever. Customer shall pay all applicable taxes for products ordered, or instead of it, shall provide Comtech Phones Corporation ("CPC"), in advance of placing the order, a current tax exemption certificate acceptable to the taxing authorities in the state in which the goods are to be delivered by CPC. Title to the equipment remains with CPC until all invoice are paid in full by Customer.
2. Customer agrees to pay all invoice(s) when due, as set forth within the terms of the invoice. I/(we) personally guarantee payment of all invoices unpaid to CPC,and/or its assigns.
3. All sales are final with no right of return unless specified on individual invoice of sale. Any order(s) refused by Customer upon delivery, or returned by Customer, shall be subject to shipping charges and a minimum 20% re-stock fee. Any claims of missing/damaged equipment shall be delivered by Customer in writing to CPC within 7 days of receipt of the equipment. Customer's failure to deliver written notice of missing/damaged equipment within 7 days of receipt constitutes waiver of any and all claim. Customer is responsible for keeping all records of licensing software and key codes.
4. No goods can be returned without prior written authorization by CPC. All claims must be made in writing and within 7 days of receipt of goods. No goods will be taken back by CPC or allowance given, if goods are made unusable by Customer. Software & voice processing systems are non-returnable.
5. Warranty periods are stated on individual invoice of sale. All batteries carry 90 days warranty. Repairs on products with tampered serial number will be charged to the Customer as though the product were no longer covered by the warranty. CPC shall not be liable for failure of goods or failure to deliver goods. All warranties are provided by CPC and not the original manufacturer.
6. Should any tax be imposed by law affecting the merchandise billed after this, Customer agrees to pay such tax in addition to the amount of each invoice.
7. Appropriate charges, as provided for by applicable state laws,shall be imposed in case of Customer's checks being returned to CPC by the Customer's bank.
8. Any past due invoice shall be subject to a 1.5% service charge for each period of 30 days that the invoice remains past due.
9. In the event of any dispute arising out of any transaction or sale by CPC to Customer, and/or the placement of the Customer's account with a collection agent,CPC, its assigns or successors in interest, shall be entitled to recover from Customer, its assigns or successors in interest, the actual costs and expenses resulting from said action(s), including actual attorney's fees and litigation costs and expenses. This Agreement, and any other agreement between Customer and CPC shall be governed by, and construed in accordance with, the laws of the State of Washington, venue residing exclusively in King County Superior Court.
10. Customer hereby certifies that the information that is provided to CPC in this application is true and correct under penalty of perjury. Customer hereby authorizes all banks and suppliers listed in Customer's application to release information necessary to assist CPC in the establishment of a line of credit for Customer's account.
11. We authorize CPC to use credit card as a guarantee of payment for all merchandise purchased and received.
12. All agreements, sent electronically, including by facsimile, regarding any and all transactions, are legally binding.
13. Customer agrees to notify CPC credit department of any ownership, name or address changes.
14. CPC, its affiliates and/or assignees is not responsible for any modification or other work performed by any third party on any phone system or equipment purchased from CPC. CPC, its affiliates and/or assignees, is not responsible for costs to Customer incurred due to delays or misdelivery of equipment, out of box failures, malfunctioned equipment and or any time spent in trouble shooting equipment.
15. LIMITED WARRANTY: ALL EQUIPMENT INCLUDING WHETHER UNUSED OR REFURBISHED SOLD BY CPC TO CUSTOMER IS WARRANTED BY CPC UNLESS SPECIFICALLY STATED THAT WARRANTY IS BY MANUFACTURER. IN THE EVENT OF A VALID WARRANTY CLAIM THE CUSTOMER FOLLOWS THE PROCEDURE OUTLINED HEREIN.
16. LIMITATION OF DAMAGES: TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT SHALL CPC BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY NATURE (INCLUDING LOSS OR REDUCTION OF BUSINESS, REVENUE, OR PROFIT) ARISING OUT OF OR RELATED TO THE GOODS. EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR FAULT OF CPC AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN CONTRACT, NEGLIGENCE OR FAULT OF CPC AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR UNDER ANY THEORY OF LIABILITY.
17. Warranty and Returns Procedure: All new unused Goods are recorded by product serial numbers and/or warranty labels. All refurbished goods come labeled with a warranty label. If warranty label is damaged or removed from Goods, or if Goods are used not in accordance with documentation or specifications, or are otherwise misused, all warranties on the Goods shall be null and void ab initio. To take advantage of the warranty, Customer must promptly notify CPC of defect or deficiency claimed in writing.
1. Missing, Damaged of Inoperable: In the event of missing, damaged or inoperable items,Customer must notify CPC in writing by certified mail, return receipt required, or via fax with confirmation of delivery, within 10 days of date of delivery of Goods.
2. Returns: All Equipment deemed to be Out of Box Failure (OBF) or defective in nature on delivery will need to have a Return Merchandise Authorization (RMA) number in order to be processed for credit or replacement. Returns will not be accepted unless RMA number is clearly noted on the outside of the package. A RMA can be requested by to 30 days after delivery of Goods. Returns will be subject to a 20% restocking fee, unless CPC and Customer enter into a written agreement otherwise.
18. Force Majeure: CPC shall not be liable for any failure or delay in furnishing the Goods, materials, or labor resulting from fire, explosion, flood, storm, acts of God, government acts, orders or regulations, hostilities, civil disturbances, strikes, labor difficulties, machinery breakdown, transportation contingencies, difficulty in obtaining parts or supplies, shipping facilities, delay of carriers or any other cause that is beyond the control of CPC. Date of delivery requested by Buyer in any order, or anticipated by CPC, may be delayed due to any such cause or event.
19. Cancellation: CPC may suspend or cancel an order without prejudice to any other remedy, if payment of this invoice in full according to the agreed terms is not made by Customer.
20. Attorney's Fees: In addition to any other amounts owed or due to CPC hereunder, CPC shall be entitled to recover reasonable attorneys' fees and court cost incurred by CPC in enforcing these terms, including to repossession of any Goods or collect the full amount of CPC's invoice.
21. Entire Agreement: This invoice represents the full and integrated agreement of the parties with respect to the purchase and sale of Goods. No modification shall be effected by the receipt or acknowledgement of CPC of any order from Customer containing additional or different terms. If any provision herein shall be held to be invalid, illegal or unenforceable, these terms shall be construed as if such provision is not contained herein, and such offending provisions shall be stricken.