1.Title to the above described products/services is to remain the property of TRADEMARK until payment in full is received.
2. In the event any action is filed relative to this contract, and if TRADEMARK is successful, then the customer shall be liable for all cost of collection, including reasonable attorney’s fee, whether at the final or appellate level and Customer agrees that venue shall be in Miami Dade County, Florida
3. In the event that payment is not made to the terms of this invoice, a service charge of 1 ½ % per month shall be assessed on the unpaid balance overdue. Buyer understands and agrees that the service charge is reasonable in light of the anticipated or actual harm, the difficulties of proof of loss, and the inconvenience of otherwise obtaining adequate remedy arising from a default in payment.
4. Checks returned for any reason are subject to a $ 75.00 fee and /or a 3% penalty.
5. Damage in transit must be reported to carrier and inspection requested within 3 days of delivery to your premises.
a) Examine cartons carefully before accepting delivery.
b) Note damage or shortage on freight bill of delivery receipt.
c) Unpack merchandise promptly to detect concealed damage, save cartons for inspection.
d) Notify your TRADEMARK representative immediately.
6. Risk of loss: All risk of loss or destruction or damage to all equipment by reason of theft, fire, water or any other cause shall pass to customer upon delivery of the balance of the purchase price.
7. Disclaimer and limitations of liability:
a) SELLER’S LIABILITY TO THE CUSTOMER FOR ANY LOSS, DAMAGE OR EXPENSE OF ANY KIND, RESULTING FROM, BUT NOT NECESSARILY LIMITED TO THE EQUIPMENT, OR BY ANY DEFECT THEREIN. THE USE OF MAINTENANCE THEREOF, ANY SERVICING OR ADJUSTMENT THERETO, RESPONSE TIME, REPEATED MACHINE MALFUCTION, NEGLIGENCE OR ANY OTHER CAUSE WHATSOVER REGARDLESS OF THE FORM OF ACTION, WHETHER IN TORT OR IN CONTRACT, SHALL BE LIMITED TO THE ACTUAL CHARGE LISTED ON THE AGREEMENT WITHOUT INTEREST.
b) SELLER WILL IN NO EVENT BE LIABLE FOR LOST PROFITS OR OTHER CONSEQUENTIAL DAMAGES EVEN IF SELLER OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PARTY.
c) SELLER WILL IN NO EVENT BE LIABLE FOR ANY LOSS, OR DAMAGE, OR EXPENSE OF ANY OF ITS EMPLOYEES, REPRESENTATIVES OR SALES PERSONS RENDERING TECHNICAL OR OTHER ADVICE OR REPRESENTATION IN CONNECTION WITH THE PERFORMANCE OF ANY COMPUTER HARDWARE, COMPUTER SOFTWARE OR ANY COMBINATION THEREOF UNLESS IT IS SPECIALLY CONTAINED IN THIS AGREEMENT.
d) NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY EITHER PARTY MORE THAN (1) YEAR AFTER THE CAUSE OF ACTION HAS ARISEN.
8. WARRANTIES: All warranties are limited to those offered by manufacturers and are extended according to the terms and conditions implied by such warranties. TRADEMARK does not endorse, is not responsible or otherwise liable for any warranties offered by the manufacturer of the product being purchased. Customer representatives can advise of warranties offered and their limitations.
9. INDEMNITY: Customer shall indemnify seller against and holds seller harmless from any and all claims, actions, proceedings, expenses, damages or liabilities including attorney’s fees arising in connection with equipment, including without limitations, its manufacturer, selection, purchase, delivery, possession, use, operation, or return and the recovery of claims under insurance policies thereon.
10. Inability to perform: Seller shall not be required to perform its obligations under this agreement, or be liable for its failure to perform, if nonperformance is caused by any Act of God, war, civil disturbance, strike, work stoppage, transportation, unavailability of equipment contingencies, power failures, laws, regulations, ordinances, acts of orders of any governmental agency or official thereof, or any cause not within the control of the Seller.
11. Liquidated damages: ALL PAYMENTS AND DEPOSITS MADE BY CUSTOMER TO SELLER AS SET FORTH IN THIS AGREEMENT ARE NON-REFUNDABLE AND SHALL CONTINUE LIQUIDATED DAMAGES IN THE EVENT OF A CUSTOMER’S DEFAULT SINCE THE AMOUNT OF DAMAGES IS INCAPABLE OF BEING ASCERTAINED.
12. Validity of Agreement: If any provision or provisions to this agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.
13. Customer understands in the purchase or lease of the property listed on the face thereof.
14. Entire Agreement: The agreement contains the entire agreement between the parties hereto. No promise representations, warranty or covenant not included in this agreement has been or is relied on by either party. Each party has relied on its own examination of this agreement and provisions hereof, and the counsel of its own advisor. THE FAILURE OF REFUSAL OF EITHER PARTY TO INSPECT THE AGREEMENT OR OTHER DOCUMENTS OR THE FAILURE TO OBTAIN LEGAL OR OTHER ADVISE RELEVANT TO THIS TRANSACTION CONSTITUTES A WAIVER OF ANY OBJECTIONS, CONTENTIONS, CLAIM THAT MIGHT HAVE BEEN BASED UPON SUCH READING, INSPECTION OR ADVICE. No modification or amendment to this agreement shall be of any force or effect unless in writing executed by the customer and authorized representative(s) of Seller.
1. HOURS FOR RETURNS ARE FROM 9:00AM until 5:00PM (By appointment only)
2. All defective products must be returned with an RMA number.
3. All products found non-defective will be charged appropriately for testing.
4. All merchandise Customer wishes to return must be packaged with all unopened documentation in new condition.
5. All returned merchandise must be accompanied with the appropriate corresponding original invoice.
6. No returns are accepted on special orders.
7. No returns are accepted on software.
8. All products returned for reasons other than manufacturer’s defect are subject to a 15% restocking charge.
9. No charges will occur if product is returned within one business day, and product remains unopened.