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    Phone: (770)919-2400
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    TERMS & CONDITIONS

    PRODUCTS OFFERED:

     

    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. 

    AGREEMENT:

     

    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 OF EQUIPMENT:

    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.

    1.  Unless stated otherwise on the Quote, you will pay Data Instruments all charges for transportation and transit insurance to the delivery location.
    2. You 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.         
    3. 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 writing. 
    4. 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.

    DELIVERY AND INSTALLATION:

     

    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.

    LICENSED SOFTWARE:

    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. 

    WARRANTIES:

     

    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;

    1. This is a limited warranty period of 30 days unless stated otherwise on the Invoice.
    2. The Warranty is not transferable and expires upon resale except upon written approval of the Seller at its sole discretion.
    3. 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.
    4. The Warranty is null and void if the Sale Price has not been paid to Data Instruments within the payment timeframe listed on the Invoice.
    5. There are no other warranties expressed or implied, which have been made by the Seller in connection with the Equipment.
    6. Unless provided for in writing prior to the initial sale of a product, Data Instruments does not restock product.
    7. This Warranty does not cover and shall be void for (a) defects or damages resulting 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.
    8. Equipment covered under a partial or complete original manufacturer’s warranty is not covered under the Warranty.   

             

    Warranty Disclaimer:

    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.

    WARRANTY RETURNS:

    1. No Equipment may be returned to Data Instruments without first obtaining a return authorization number (RMA).
    2. No Equipment will be accepted without an RMA.
    3. RMA Equipment must be shipped prepaid and insured at your expense.
    4. This Warranty will be null and void for any RMA Equipment not returned properly packed in the original packaging.
    5. 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:

     

    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.

    RESTOCKING:

    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.

    DEFAULT:

    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.

    FORCE MAJEURE:

    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.

    ASSIGNMENT:

    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 assigns.

    GENERAL:

    This agreement is the complete agreement regarding the Equipment and replaces any prior written or oral communications between you and Data Instruments.

    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 CONDITIONS.

    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.

     

    4495 Winfred Drive, Bldg 2
    Marietta, GA 30066
    Call: (770) 919-2400
    Toll Free: 800-466-1144
    Fax: 770-874-7828
    Email: info@workstation.net

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