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Terms & Conditions
US Terms & Conditions of Sale
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY
IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS
LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS
A DISPUTE RESOLUTION CLAUSE.
These
terms and conditions ("Agreement") apply to your purchase of computer
systems and/or related products and/or services and support sold in the
United States ("Product") by the Visix entity named on the invoice or
acknowledgement ("Visix") provided to you. By accepting delivery of the
Product, you accept and are bound to the terms and conditions of this
Agreement. If you do not wish to be bound by this Agreement, you must
notify Visix
immediately and return your purchase pursuant to
Visix’s return
policy. If returned, Product(s) must remain in the boxes in which they
were shipped. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE
PURCHASE AGREEMENT WITH VISIX, IN WHICH CASE THE SEPARATE AGREEMENT SHALL
GOVERN; OR (II) OTHER VISIX TERMS AND CONDITIONS APPLY TO THE TRANSACTION.
Other Documents.
This Agreement may NOT be altered, supplemented, or amended by the use
of any other document(s) unless otherwise agreed to in a written
agreement signed by both you and Visix. If you do not receive an invoice
or acknowledgement in the mail, via e-mail, or with your Product,
information about your purchase may be obtained by contacting your sales
representative.
Payment Terms; Orders; Quotes; Interest.
Payment terms are within Visix's sole discretion, and, unless otherwise
agreed to by Visix, payment must be made at the time of purchase. Payment
for Product may be made by credit card, wire transfer, or some other
prearranged payment method. Visix may invoice parts of an order
separately. Your order is subject to cancellation by Visix, at Visix's sole
discretion. Unless you and Visix have agreed to a different discount,
Visix's standard pricing policy for Visix-branded systems, which include
software, hardware and services in one discounted price, allocates the
discount off list price applicable to the service portion of the system
to be equal to the overall calculated percentage discount off list price
on the entire system. Visix is not responsible for pricing, typographical,
or other errors, in any offer by Visix and reserves the right to cancel
any orders resulting from such errors.
Shipping Charges; Taxes; Title; Risk of Loss.
Shipping and handling are additional unless otherwise expressly
indicated at the time of sale. Loss or damage that occurs during
shipping by a carrier selected by Visix is Visix's responsibility. Loss or
damage that occurs during shipping by a carrier selected by you is your
responsibility. You must notify Visix within 30 days of the date of your
invoice or acknowledgement if you believe any part of your purchase is
missing wrong or damaged. Unless you provide Visix with a valid and
correct tax exemption certificate applicable to your purchase of Product
and the Product ship-to location, you are responsible for sales and
other taxes associated with the order. Shipping dates are estimates
only. Title to software will remain with the applicable licensor(s).
Warranties.
THE LIMITED WARRANTIES APPLICABLE TO VISIX-BRANDED HARDWARE PRODUCT CAN BE
FOUND AT
www.visix.com OR IN THE DOCUMENTATION VISIX PROVIDES WITH THE
PRODUCT. VISIX MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON-VISIX
BRANDED PRODUCT. SUCH PRODUCT IS PROVIDED BY VISIX "AS IS". WARRANTY AND
SERVICE FOR NON-VISIX BRANDED PRODUCT, IF ANY, IS PROVIDED BY THE ORIGINAL
MANUFACTURER, NOT BY VISIX. VISIX MAKES NO EXPRESS WARRANTIES EXCEPT THOSE
STATED IN VISIX'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF
THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. WARRANTIES AND SERVICE
WILL BE EFFECTIVE, AND VISIX WILL BE OBLIGATED TO HONOR ANY SUCH
WARRANTIES AND SERVICES, ONLY UPON VISIX'S RECEIPT OF PAYMENT IN FULL FOR
THE ITEM TO BE WARRANTED OR SERVICED.
Software.
All software is provided subject to the license agreement that is part
of the software package and you agree that you will be bound by such
license agreement.
Return Policies; Exchanges
New and refurbished Product that you purchase directly from Visix (and not
a third party) you may return or exchange only in accordance with Visix's
return policy in effect on the date of the invoice or acknowledgement.
Any returns or exchanges will be made in accordance with Visix's exchange
policies in effect on the date of the return or exchange. You must
contact us directly before you attempt to return Product to obtain a
Return Material Authorization Number for you to include with your
return. You must return Product to us in their original or equivalent
packaging. You are responsible for risk of loss, shipping and handling
fees for returning or exchanging Product. Additional fees may apply.
Visix's return policy for Visix-branded Product can be found
here. Non-Visix branded software and peripheral return
policies can be found under
Visix's Return
Policy. Refurbished Product return policies can be
found
here. If you fail to follow the return or exchange
instructions and policies provided by Visix, Visix is not responsible
whatsoever for Product that is lost, damaged, modified or otherwise
processed for disposal or resale. If you are returning all components in
an order, you will be credited the full amount paid for the order. At
Visix's discretion, credit for partial returns may be less than invoice or
individual component prices due to bundled or promotional pricing.
Changed or Discontinued Product.
Visix's policy is one of ongoing update and revision. Visix may revise and
discontinue Product at any time without notice to you and this may
affect information saved in your online "cart." Visix will ship Product
that have the functionality and performance of the Product ordered, but
changes between what is shipped and what is described in a specification
sheet or catalog are possible. Parts used in repairing or servicing
Product may be new, equivalent-to-new, or reconditioned.
Service and Support.
Service offerings may vary from Product to Product. If you purchase
optional services and support from Visix, Visix and/or your third-party
service provider will provide such service and support to you in the
United States in accordance with the terms and conditions located at
www.visix.com or as mailed to you. You may
contact Visix for more
information. Visix and/or the third-party service provider may at their
discretion, revise their general and optional service and support
programs and the terms and conditions that govern them without prior
notice to you. Visix has no obligation to provide service or support until
Visix has received full payment for the Product or service/support
contract you purchased. Visix is not obligated to provide service or
support you purchase through a third party and not Visix.
Limitation of Liability.
VISIX DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN,
INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING
AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR
CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, VISIX WILL NOT BE LIABLE FOR ANY
CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT,
VISIX
IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT
INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS
AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT
SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
Applicable Law; Not For Resale or Export.
You agree to comply with all applicable laws and regulations of the
various states and of the United States. You agree and represent that
you are buying only for your own internal use only, and not for resale
or export. Visix has separate
terms and
conditions governing resale of Product by third
parties and transactions outside the United States.
Governing Law.
THIS
AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY THE LAWS OF THE
STATE OF GEORGIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
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 there from.
Binding Arbitration.
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) BETWEEN
CUSTOMER AND VISIX, its agents, employees, principals, successors,
assigns, affiliates (collectively for purposes of this paragraph, "Visix")
arising from or relating to this Agreement, its interpretation, or the
breach, termination or validity thereof, the relationships which result
from this Agreement (including, to the full extent permitted by
applicable law, relationships with third parties who are not signatories
to this Agreement), Visix's advertising, or any related purchase SHALL BE
RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY
THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in
effect (available via the Internet at
http://www.arb-forum.com ,
or via telephone at 1-800-474-2371). The arbitration will be limited
solely to the dispute or controversy between customer and Visix. NEITHER
CUSTOMER NOR VISIX SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR
AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR
CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction
involves interstate commerce, and this provision shall be governed by
the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the
arbitrator(s) shall be final and binding on each of the parties, and may
be entered as a judgment in any court of competent jurisdiction. Visix
will be responsible for paying any arbitration filing fees and fees
required to obtain a hearing to the extent such fees exceed the amount
of the filing fee for initiating a claim in the court of general
jurisdiction in the state in which you reside. Each party shall pay for
its own costs and attorneys' fees, if any. However, if any party
prevails on a statutory claim that affords the prevailing party
attorneys' fees, or if there is a written agreement providing for fees,
the Arbitrator may award reasonable fees to the prevailing party, under
the standards for fee shifting provided by law. Information may be
obtained and claims may be filed with the NAF at P.O. Box 50191,
Minneapolis, MN 55405.
*Terms last revised
November 2006.
We reserve
the right to change this policy at any time.
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