Terms of Sale
The following terms and conditions govern the sale by the NetTek entity named on the
invoice ("NetTek") that will be provided to Customer on orders for computer
systems and/or related products sold in the United States. By accepting delivery of
the computer systems and/or other products described on that invoice, Customer agrees to
be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY
(i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH NETTEK, IN
WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR (ii) UNLESS OTHER NETTEK STANDARD TERMS
APPLY TO THE TRANSACTION. These terms and conditions are subject to change without
prior written notice at any time, in NetTek's sole discretion.
Other Documents
This sale is subject to the terms and conditions stated herein, on the face of the
invoice, and in all other documents accompanying the purchased product(s) which are in
lieu of and replace any and all terms and conditions set forth in any documents issued by
the customer, including, without limitation, any purchase orders and any specifications.
In case of conflict between the terms and conditions stated here and those on the
face hereof, those on the face hereof shall control. ANY ADDITIONAL, DIFFERENT, OR
CONFLICTING TERMS AND CONDITIONS ON SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE
HEREBY OBJECTED TO BY NETTEK, SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND
SHALL NOT BE BINDING IN ANY WAY ON NETTEK. No waiver or amendment to these terms and
conditions shall be binding on NetTek unless made in writing expressly stating that it is
a waiver or amendment and signed by both Customer and NetTek.
Acceptance
All orders placed by Customer with NetTek are not valid until accepted by NetTek.
Payment Terms; Interest
Customer shall pay NetTek for all charges listed on NetTek's invoice, including all
shipping and handling charges. Terms of payment are within NetTek's sole discretion,
and, unless otherwise agreed to by NetTek, all payments shall be due upon receipt of
invoice. Payment for the product(s) will be made by credit card, wire transfer, or
some other pre-arranged payment method unless credit terms have been agreed to by NetTek.
If credit terms have been agreed to by NetTek, invoices are due and payable within
the time period set on the invoice. NetTek may invoice parts of an order separately.
On any amounts not paid when due, Customer agrees to pay interest at the rate of
1-1/2% per month (18% per year) or, if such rate is in excess of the rate allowed by law,
then Customer agrees to pay the highest rate allowed by law. In addition, Customer
agrees to pay all costs of collection, including costs of litigation and reasonable
attorney's fees. NetTek reserves the right to obtain a security interest in the
product(s) sold to Customer, and in proceeds thereof, until payment is made in full by
Customer. Customer agrees to execute financing statements and other instruments at
NetTek's request. A $30.00 collection fee will be charged for all dishonored checks.
Quotes
Any quotations given by NetTek will be valid for a period of thirty (30) days.
Taxes
Unless otherwise stated on the face hereof, stated prices do not include any customs
duties, sales, use, value added, excise, federal, state, local or other taxes.
Unless Customer provides NetTek with a valid and correct tax exemption certificate
applicable to the product ship-to location prior to NetTek's acceptance of the order, the
Customer is responsible for all such duties and taxes associated with the order, however
designated.
Title
Title to the product(s) passes from NetTek to Customer upon shipment from NetTek's
facility. Title to software will remain with the applicable licensor(s).
Returns
No product(s) may be returned for any reason without the prior approval of NetTek.
NetTek does not have a "money back" policy. All costs incurred in
returning the product(s) to NetTek, including insurance, duties, NetTek's twenty-five
percent (25%) restocking fee or other fees must be paid by Customer. If Customer
returns product(s) to NetTek either: (i) without prior authorization from NetTek; or (ii)
without proper packaging, NetTek retains the right to refuse delivery of such return and
charge Customer the retail price of the product(s) at the time the product(s) were shipped
to you (as determined by NetTek) plus a charge of $60.00 to cover NetTek's collection and
handling costs. In all cases, the return by NetTek to Customer of money due to the
return by Customer of the product(s) will not include the return of shipping and handling
charges. UNDER NO CIRCUMSTANCES SHALL NETTEK REFUND SHIPPING AND HANDLING CHARGES TO
THE CUSTOMER.
Limited Warranty
NETTEK MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN NETTEK'S
APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH
WARRANTIES WILL BE EFFECTIVE, AND NETTEK WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTY,
ONLY UPON NETTEK'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. NETTEK
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NETTEK'S
RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT, EITHER OF WHICH
MAY BE SELECTED BY NETTEK AT ITS SOLE DISCRETION, AS SET FORTH IN NETTEK'S
APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. NetTek 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. Customer
agrees that it will be bound by the license agreement once the package is opened or its
seal is broken. NetTek does not warrant any software under this Agreement.
Warranties, if any, for the software are contained in the license agreement that governs
its purchase and use. Any claim against NetTek must be made within the applicable
warranty period and NetTek has no liability thereafter. All warranties cover only
defects arising under normal use and do not include malfunctions or failure resulting from
misuse, abuse, neglect, alteration, problems with electrical power, usage not in
accordance with product instructions, acts of nature, unusual temperatures or humidity,
improper installation, or damage determined by NetTek to have been caused by Customer, or
repairs made by anyone other than NetTek or you with the assistance of NetTek technical
support. NetTek reserves the right to substitute functionally equivalent new or
serviceable reconditioned products for products replaced under warranty. Any parts
replaced by NetTek become the property of NetTek. All limited warranties granted on
the product(s) are to the initial Customer end-user and are non-transferable.
Customer agrees to indemnify and hold NetTek harmless from all claims, judgments,
liabilities, expenses, or costs arising from Customer's breach of these terms and
conditions of sale and/or acts or omissions. Customer is responsible for backing-up
Customer's hard drive or other device containing data prior to forwarding same for repair
or replacement. NETTEK WILL NOT BE RESPONSIBLE FOR DATA LOST ON CUSTOMER'S HARD
DRIVE OR OTHER DEVICE DURING THE COURSE OF SHIPMENT, REPAIR OR REPLACEMENT.
Limitation of Liability
NETTEK 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. NETTEK 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 THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Resale
Customer agrees to comply with all applicable laws and regulations of the various states
and of the United States. Customer agrees and represents that it is buying for its
own internal use only, and not for resale.
Products
NetTek's policy is one of on-going product update and revision. NetTek may revise
and discontinue products at any time. NetTek will ship products that have the
functionality and performance of the products ordered, but changes between what is shipped
and what is described in a specification sheet or catalog are possible. The parts
and assemblies used in building NetTek computers are selected from new and
equivalent-to-new parts and assemblies in accordance with industry practices. Spare
parts may be new or reconditioned. NetTek also reserves the right to ship the
product(s) in multiple boxes and/or shipments.
No Warranty of Intellectual Property Rights
CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT NETTEK DOES NOT WARRANT THAT PRODUCT(S) ARE
FREE OF CLAIMS OF PATENT, TRADEMARK, TRADE SECRET, OR COPYRIGHT INFRINGEMENT BY A THIRD
PARTY. NETTEK HEREBY DISCLAIMS ANY SUCH WARRANTIES OR INDEMNIFICATION FOR SUCH
INFRINGEMENT(S) OF INTELLECTUAL PROPERTY RIGHTS.
User Rights to Software
Software is protected by copyright law and/or international treaty provisions.
Rights relating to a particular software program are listed in the license agreement
document provided by the owner(s) of the software.
Force Majeure
NetTek shall not be liable for any delay in performance directly or indirectly caused by
or resulting from acts of nature, fire, flood, accident, riot, war, government
intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries
from suppliers or other difficulties which are beyond the control, and without the fault
or gross negligence of NetTek. Quantities are subject to availability. In the
event of production difficulties or product shortages, NetTek may allocate sales and
deliveries at its sole discretion.
Critical Components
NetTek's products are not authorized for use as critical components in life support
devices or systems without the express prior written approval of the President of NetTek.
Life-support devices or systems are those which are intended to support or sustain
life and whose failure to perform can be reasonably expected to result in a significant
injury to the user. Critical components are those whose failure to perform can be
reasonably expected to cause failure of a life support device or system or affect its
safety or effectiveness.
United States Government License Rights
United States Government license right in the product(s) are limited to those mandatory
rights identified in DFARS 252.227-7015 (b).
Governing Law
This agreement is governed by the laws of the State of Virginia, without regard to its
conflict or choice of law provisions. Customer acknowledges and agrees that Virginia
is an appropriate place for venue of any litigation and that Virginia courts have
jurisdiction over this agreement and Customer. In the event the Customer and NetTek
are unable to resolve any Customer dispute, and any collective action, suit or other
judicial proceeding is commenced, the prevailing party in any such collection action, suit
or judicial proceeding shall be entitled to recover its costs and reasonable attorney's
fees incurred.
Assignment
Customer may not assign its rights or obligations hereunder without the express prior
written consent of NetTek.
Entire Agreement
These terms and conditions, including those on the face hereof, constitute the entire
agreement with regard to this sale and expressly supersede and replace any prior or
contemporaneous agreements, whether written or oral, relating to said sale, including any
terms and conditions on any of Customer's documents or purchase orders. This
agreement shall be binding upon the heirs, successors and assigns of the parties hereto.
If any provision of this agreement shall be held to be invalid or unenforceable,
the remainder of this agreement shall remain in full force and effect.