TERMS & CONDITIONS
Unless specifically stated in writing, Data Instruments is
not a manufacturer authorized reseller and is offering to sell pre-owned
computer and information technology hardware (Equipment) only.
By placing an order (via purchase order, email or otherwise)
in connection with a quote (Quote) provided to you, you accept the Quote and
the terms and conditions set forth below and that the same shall constitute a
valid and binding agreement.
PURCHASE AND SALE
Data Instruments will sell to you, and you will purchase
from Data Instruments the personal property (the Equipment) shown on the Quote
for the total sales price within ten days after delivery of Equipment.
stated otherwise on the Quote, you will pay Data Instruments all charges for transportation and
transit insurance to the delivery location.
also agree to pay any applicable taxes, fees or other charges (together with related interest
and penalties) imposed or assessed with respect to the Sale Price or other charges
paid hereunder, or on the Equipment. This includes all sales taxes.
Payment will be made in U.S. Dollars to Data
Instruments, Inc. at Data Instruments’ address set forth in
the invoice or such other place as Data Instruments may designate in
- Any payment not made
by the due date will accrue interest, from the due date and until it is
paid, at the lower of 18% simple interest per
annum or the maximum allowed by law.
Data Instruments will arrange delivery of Equipment and use reasonable efforts to meet
the estimated shipment date specified on the Quote. If a date is not specified, delivery will be
made on such date as is consistent with Equipment availability and Data
Instruments’ normal business practices.
You agree to accept delivery of Equipment upon its arrival
at the delivery location and to furnish all labor required for unpacking and
placing the Equipment in desired location.
Unless stated otherwise on the Quote, you are responsible for all set-up
and installation of the Equipment.
Data Instruments does not sell or provide software or
licensing with Equipment. Any software
or licensing obtained for or used with the Equipment will be subject to your
separate license agreement with the owner, distributor or manufacturer
(Licensor). You will comply with all
nonconflicting terms and look solely to the Licensor for satisfaction of all
claims and warranties relating to the software.
TITLE AND RISK OF LOSS:
You will receive title to the Equipment (excluding any
software), free and clear of all encumbrances upon full payment of the Sale
Price. Data Instruments will be
responsible for all risk of loss and damage to Equipment (other than due to
your negligence or willful misconduct) until delivery of the Equipment to the
designated delivery location. After
that, you will be responsible for insuring the Equipment.
Any Equipment shipped under your Fedex, UPS,
DHL or other shipper (Transportation Carrier) account number and any shipping
arranged by you is shipped FOB, Origin. You are solely responsible for insuring the
Equipment. You are solely responsible
for complying with all Transportation Carriers terms and conditions and look
solely to the Transportation Carrier for satisfaction of all claims and
warranties relating to damage, loss and delivery delays of Equipment. You are responsible for full and timely payment
to Data Instruments of the Sale Price regardless of any damage or loss.
Data Instruments, Inc (Seller) hereby agrees to provide
Warranty Purchaser with an extended warranty on the equipment identified as
covered equipment (Equipment) on the invoice hereinafter called Warranty. The terms of Warranty are as follows;
is a limited warranty period of 30 days unless stated otherwise on
Warranty is not transferable and expires upon resale except upon written approval of the Seller at its sole discretion.
- If the
Equipment becomes defective or damaged during the Warranty period, the Seller will repair or replace the
Equipment at the Seller’s sole discretion.
Warranty is null and void if the Sale Price has not been paid to
Data Instruments within the payment
timeframe listed on the Invoice.
are no other warranties expressed or implied, which have been made by the Seller in connection with the
- Unless provided for in writing prior to the initial sale of a product, Data Instruments does not restock product.
This Warranty does not cover and shall be
void for (a) defects or damages
from fire or theft, (b) defects, damages or loss resulting from intentional misuse,
abuse, neglect or alterations by, or directed by, the owner of the device, and defects
or damages resulting from service or repair by anyone other than the Seller or
acts of God or other force majuere events, (c) Other equipment not provided
by Seller but installed into, incorporated with or used with Equipment.
covered under a partial or complete original manufacturer’s warranty is not covered under the Warranty.
This warranty for the equipment is in lieu of all contracts,
understandings or warranties, expressed or implied or statutory, including, but
not limited to any implied warranties of merchantability or fitness for a
particular purpose on the part of the Seller, its agents or service
providers. All implied statutory
warranties, to the extent that they cannot be excluded, are limited to the
effective period of the express warranty set forth herein. If the equipment is damaged and/or is
defective in materials or workmanship, as set forth herein, the warranty
purchaser’s sole and exclusive remedy shall be repair, replacement as provided
above. However, if the remedy fails of
its essential purpose, the Seller reserves the right to refund the purchase
price of the equipment to the warranty purchaser in exchange for the return of
the equipment. The Seller, its agents
and service providers shall not be liable for any indirect damages including
but not limited to incidental or consequential damages, loss of use or data,
loss of profits or interruption of business, whether such alleged damages are
based in warranty, tort (including without limitation, negligence and strict
liability), contract, or indemnity.
Except to the extent prohibited by law, this is the exclusive written
limited warranty of the original warranty purchaser. The Seller’s liability for any and all claims
arising from the equipment or this warranty shall be limited to the price paid
for this warranty.
Equipment may be returned to Data Instruments without first obtaining
a return authorization number (RMA).
Equipment will be accepted without an RMA.
Equipment must be shipped prepaid and insured at your expense.
- This Warranty will be null and void for any
RMA Equipment not returned properly packed in the original packaging.
- Data Instruments will not be liable for any
costs arising out of shipments that do not have an RMA, are shipped
freight collect or are not properly packed in the original packaging.
Authorized returns and RMA returns that are tested and found
to be in good working order will be subject to a 25% restocking fee. You authorize Data Instruments to
Debit (Charge) your credit card for the restocking fee and
any testing costs related to the returned Equipment.
Data Instruments does not restock product unless agreed to in writing prior to the initial transaction for the Equipment has been finalized and before the Equipment is shipped to you. In the event that resotcking has been negotiated a charge of 25% of the total Equipment purchase price will be assessed as the Restocking Fee on all used Equipment. A 50% Resocking Fee will be charged on all New Equipment. All Equipment must be returned to Data Instruments within 30 days of the initial shipment from Data Instruments to you the Buyer. The Equipment must be returned in the original condition that it was shipped in. Fees will be deducted for all damaged and missing components including but not limited to original boxes, packing material, accessories, manuals, paperwork, media, mounting hardware.
If you breach any of your obligations under this Agreement, Data
Instruments, Inc. may, at its option and without notice, declare you in default
and (a) terminate the Agreement, (b) take possession of the Equipment without
court order, posting of bond or other process and without liability for
damages; (c) retain any deposit as liquidated damages; and (d) exercise any
other remedies available to it at law or in equity, including without
limitation those remedies available under the Uniform Commercial Code.
You agree to pay Data Instruments upon demand all costs and
expenses (including reasonable attorneys’ fees) incurred by Data Instruments in
enforcing its rights under this Agreement.
LIMITATION OF LIABILITY:
You agree that Data Instruments will not be liable, to any
extent whatsoever, for selection, merchantability, suitability, fitness,
operation or performance of the Equipment or the results obtained. Under no circumstances will Data Instruments
be liable for any third party claims against you for losses or damages or for
any special, incidental or consequential damages (including lost profits or
savings) even if Data Instruments is informed of their possibility. In any event, Data Instruments’ liability
will not exceed the Sale Price of the Equipment.
Except for any payment obligation, neither you nor Data
Instruments will be responsible for any delay or failure in performance caused
by fire, explosion, war, strike, embargo, governmental requirement, civil or
military authority, Act of God, act or omission of carriers or suppliers or
other similar causes beyond your or Data Instruments’ respective control.
You agree not to assign, transfer or dispose of all or any
part of your rights or obligations under this agreement without Data
Instruments’ prior written consent. Any
attempt to do so without such consent is void.
Subject to the foregoing, this Agreement will inure to the benefit of
and is binding upon your and Data Instruments’ respective successors and
This agreement is the complete agreement regarding the
Equipment and replaces any prior written or oral communications between you and
Once accepted by you, any reproduction of this Agreement
made by reliable means (such as photocopy or facsimile) will be considered an
original and binding agreement and all Equipment listed on the Quote will be
subject to this.
Any additional or different terms in any purchase order or
other written communication from you are void unless Data Instruments
specifically accepts such terms in writing.
Failure to object to such terms or the referencing of a purchase order
number in connection with a delivery or an invoice will not be deemed an
agreement to such terms.
All information provided to Data Instruments is
non-confidential. Any exchange of
confidential information must be made under a signed confidentiality agreement.
YOU REPRESENT THAT THE ACCEPTANCE, DELIVERY AND
PERFORMANCE OF THIS AGREEMENT (I) HAVE BEEN DULY AUTHORIZED BY ALL
NECESSARY CORPORATE OR OTHER ACTION ON YOUR PART (II) DO NOT REQUIRE THE
CONSENT OF ANY THIRD PARTY EXCEPT SUCH THAT HAS
BEEN DULY OBTAINED, AND (III)
DO NOT AND WILL NOT CONTRAVENE ANY LAW,
RULE, REGULATION OR ORDER NOW BINDING UPON
YOU OR YOUR CHARTER, BY-LAWS OR OTHER
ORGANIZATIONAL DOCUMENTS, YOU FURTHER REPRESENT THAT THIS AGREEMENT WILL
CONSTITUTE YOUR LEGAL, VALID AND BINDING
AGREEMENT ENFORCEABLE IN ACCORDANCE WITH ITS TERMS. YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND
AGREE TO BE BOUND BY ITS TERMS AND
THIS AGREEMENT WILL BE DEEMED TO HAVE BEEN MADE IN THE STATE
OF GEORGIA AND WILL BE GOVERNED IN ALL
RESPECTS BY THE LAWS OF GORGIA WITHOUT
GIVING EFFECT TO PRINCIPLES OF CONFLICT OF LAW OR CHOICE OF LAW, ANY ACTION OR
PROCEEDING ARISING UT OF OR RELATING TO THIS AGREEMENT SHALL BE COMMENCED IN
ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION IN THE STATE OF GEORGIA.