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K67 ROC184300
K01 ROC184301 |
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We proudly accept |
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STANDARD TERMS AND CONDITIONS OF SALES BY American Home and Office Technologies, LLC
1. Acceptance; Governance Provisions
These terms and conditions shall apply to the sale of any goods,
merchandise or materials (the "Products") by American Home and
Office Technologies LLC to the party named on the face of this
form in the "Sold to" box (the "Customer"). All sales made by
American Home and Office Technologies LLC to Customer are made
only on these terms and conditions, including those on the face
of this form. If any other terms have been submitted by the Customer
they are rejected.
2. Title/Risk of Loss
Title to the Products is retained by American Home and Office
Technologies LLC until the Products are paid for in full by the
Customer and at which time title shall pass to Customer. Loss or
damage that occurs during shipping by a carrier selected by American
Home and Office Technologies LLC shall be American Home and Office
Technologies LLC sole responsibility. Loss or damage that occurs
during shipping by a carrier selected by Customer shall be Customer's
sole responsibility.
3. Payment Terms
Unless otherwise agreed to in writing by American Home and Office
Technologies LLC on the face of this form, payment terms are net 20
days from date of invoice. The Customer is responsible for payment
in full for all Products once a purchase order has been sent to
American Home and Office Technologies LLC. In the event of late
payment, the Customer agrees to pay late charges of 1.5% per month
(18% per annum) on the unpaid balance exceeding 30 days. The Customer
agrees to reimburse American Home and Office Technologies LLC for all
costs incurred to collect any amounts owed by Customer to American
Home and Office Technologies LLC and/or in the event of a breach by
Customer of its obligations hereunder, including, without limitation,
attorney's fees and court costs.
4. Return of Products Policy
4.1 Policy Statement. American Home and Office Technologies LLC will not
accept any return of sold Products without an approved American Home
and Office Technologies LLC return authorization ("RA") which has been
properly requested within 15 days of the invoiced sale. American Home
and Office Technologies LLC reserves the right to issue an RA in its
sole discretion. The issuance of an RA number is subject to the
Products manufacturer's return policies and so in some instances
American Home and Office Technologies LLC will refuse to issue an RA.
The Products must be returned with the American Home and Office
Technologies LLC RA number marked on the shipping label and in the
condition represented by the Customer within 10 days of the issuance
of an American Home and Office Technologies LLC RA number.
4.2 Manufacturer Limits. Some manufacturers of the Products require that
all defective and DOA Products be returned directly to them, or they
may limit the time frame in which Products can be returned.
4.3 Damaged Products. If any of the Products arrive damaged, it is best
to refuse the Products back to the carrier attempting delivery.
If you accept Products with visible damage, the damage must be noted
on the carrier's delivery record in order to file a damage claim
against the Manufacturer. Save the Products and the original box and
all packing it arrived in. American Home and Office Technologies LLC
must be notified within 2 business days of receipt of any defective
Products in order for American Home and Office Technologies LLC to
arrange for a carrier inspection and a pickup of damaged Products.
Any concealed damage must be reported within 5 days. If American Home
and Office Technologies LLC is not notified within 2 business days
(or 5 days for concealed damage), American Home and Office Technologies
LLC may not be able to timely assist Customer in obtaining the benefit
of any Manufacturer warranties.
4.4 Non-Cancelable/Non-returnable Products. All orders that require
configuration or assembly of Products to meet a Customer's
specifications are non-cancelable and non-returnable.
4.5 Dead on Arrival ("DOA"); Defective Returns. All DOA Products are
subject to the manufacturer's return or exchange policy. Products
that are inoperable at first use may be eligible for a DOA return
to the manufacturer up to 15 days from the date of the invoice
depending upon the manufacturer of the Products' return policy.
Certain manufacturers may require that all DOA and defective Products
be returned directly to them, or they may limit the return time frame
after purchase. Mass storage and memory Products may be limited to a
15 day DOA and defective return period. All computer systems returned
as DOA or defective will be tested and other Products returned as DOA
or defective may be tested. Products found not to be DOA or defective
shall be subject to return to the Customer at the Customer's sole
expense.
4.6 Shipping Requirements. Before Customer returns any Products, please
contact your American Home and Office Technologies LLC t sales
representative to request a RA number. Returns without a valid American
Home and Office Technologies LLC RA number will not be accepted.
Please take care in shipping Products back to American Home and Office
Technologies LLC. Returned cartons that do not meet the following
specifications may be returned to Customer:
4.6.1. Products must be unused (for DOA or defective Products, please
refer to the relevant sections above).
4.6.2. Products must be complete and in manufacturer's original
packaging, with no visible damage (e.g. rips, tears, compressions,
holes or dents).
4.6.3. All seals and packaging tape of manufacturer's packaging must
be unbroken.
4.6.4. There must be no markings or writing on manufacturer's packaging.
4.6.5. There must be no stickers, other than the shipping label, on
manufacturer's packaging.
4.6.6. If a carton is shrink-wrapped, a shipping label must be on the shrink
-wrap and the top of the carton.
4.6.7. The RA number must appear on the shipping label only, not on or
inside the carton. Any carton received without a valid RA number
on the shipping label may be returned to Customer.
4.6.8. To ensure proper identification of Customer's RA number, please
place the RA number in the following format on your shipping label:
"RA # XXXXX-XXXXX." Missing or transposed digits shall render an RA
number invalid.
4.6.9. Include only one RA number per carton.
4.6.10. The RA must reach American Home and Office Technologies LLC
warehouse within 10 calendar days of the RA issuance date, or the
carton may be returned to Customer.
4.6.11. The Products being returned must be secured with proper
packaging to prevent any damage in transit.
4.6.12. All Products must be returned to American Home and Office
Technologies LLC at the following address:
American Home and Office Technologies LLC
Attn: RA# XXXXX-XXXXX
P.O.Box 27408
Tempe, AZ 85285
American Home and Office Technologies LLC strongly recommends that
Customer fully insure the return shipment in case it is lost or damaged.
Whenever possible, please use UPS to return Products to American Home
and Office Technologies LLC. The Customer assumes the sole
responsibility of returning Products to American Home and Office
Technologies LLC. Unless all of the foregoing criteria are met,
Customer will be deemed to have accepted all of the Products it is
trying to return.
5. Taxes
Prices for the Products exclude any sales, use, excise, customs,
value added or similar tax which will be payable by Customer in
addition to the purchase price if applicable. The amount of any
such tax which American Home and Office Technologies LLC may be
required to pay or collect will be added to each invoice unless
the Customer has furnished American Home and Office Technologies
LLC with an appropriate tax exemption certificate acceptable to
the taxing authorities in regard to such tax.
6. Disclaimer of Warranty
ALL PRODUCTS ARE SOLD BY AMERICAN HOME AND OFFICE TECHNOLOGIES LLC
ON AN "AS IS" AND "WITH ALL FAULTS" BASIS. OTHER THAN ANY ORIGINAL
MANUFACTURER'S WARRANTY THAT MAY BE PASSED ON TO THE CUSTOMER AND
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMERICAN HOME
AND OFFICE TECHNOLOGIES LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST
INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT MADE
BY AMERICAN HOME AND OFFICE TECHNOLOGIES LLC OR ANY OF ITS EMPLOYEES
OR AGENTS THAT IS NOT CONTAINED IN THIS AGREEMENT SHALL BE DEEMED A
WARRANTY BY AMERICAN HOME AND OFFICE TECHNOLOGIES LLC NOR GIVE RISE
TO ANY LIABILITY OF AMERICAN HOME AND OFFICE TECHNOLOGIES LLC
WHATSOEVER. IN NO EVENT SHALL AMERICAN HOME AND OFFICE TECHNOLOGIES LLC
BE LIABLE FOR ANY LOST OR ANTICIPATED PROFITS, OR ANY INDIRECT,
INCIDENTAL, EXEMPLARY, SPECIAL, RELIANCE OR CONSEQUENTIAL DAMAGES,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA
OR ECONOMIC DAMAGE, REGARDLESS OF THE FORM OF ACTION AND REGARDLESS
OF WHETHER AMERICAN HOME AND OFFICE TECHNOLOGIES LLC HAS BEEN ADVISED
OR HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding any provision contained herein to the contrary,
the sole liability of American Home and Office Technologies LLC
arising out of or in connection with this agreement or any sale,
use of or inability to use the Products, whether such liability arises
from any claim based upon contract, warranty, tort, or otherwise,
shall be limited to the amount paid by Customer to American Home and
Office Technologies LLC for the Products. Customer hereby releases
and holds American Home and Office Technologies LLC and its officers,
directors, employees and agents harmless from and against any and all
claims for damages of any nature, arising in any way from Customer's
use of the Products and any violation by Customer of this agreement.
This obligation shall survive termination of this agreement.
If the Customer does not accept the Products on these terms, the
unopened Products are to be returned to American Home and Office
Technologies LLC immediately.
7. MISCELLANEOUS
7.1. Laws. These terms and conditions and all quotations made and all
orders accepted by the Seller are governed by and construed under
the laws of the State of Arizona without giving effect to principles
of choice or conflicts of law. The Customer agrees that all claims
arising from this Agreement shall be determined by the courts of
Arizona, and for purposes of suit against the Customer, the Customer
submits itself to the exclusive jurisdiction of the State of Arizona.
7.2. Force Majeure. American Home and Office Technologies LLC
shall not be liable for its failure to perform hereunder due to
contingencies beyond its reasonable control, including, but not
limited to, strikes, riots, wars, fire, power failure, hardware
failure, acts of God, or acts in compliance with any law or government
regulation.
7.3. No Third-Party Beneficiaries. There are no third-party
beneficiaries to this agreement.
7.4. Assignment. Customer may not assign or delegate any of its
rights or obligations under this agreement without the written consent
of American Home and Office Technologies LLC. American Home and Office
Technologies LLC may assign, delegate or subcontract any of its rights
or obligations under this agreement without the written consent of
Customer. The provisions of this agreement shall be binding upon and
inure to the benefit of the parties hereto, their successors and their
permitted assigns.
7.5. Waiver. The waiver by one party of a breach of any
provision of this agreement by the other party shall not operate or
be construed as a waiver of any subsequent breach of the same or any
other provision by the other party.
7.6. Severability. In the event that any of the provisions of
this agreement or the application of any such provisions to the parties
hereto with respect to their obligations hereunder are held by a court
of competent jurisdiction to be unlawful or unenforceable, the
remaining provisions of this agreement shall remain in full force and
effect, and shall not be affected, impaired, or invalidated in any
manner.
7.7. Entire Agreement. This agreement contains the entire and
only understanding between the parties and supersedes all prior
agreements, either written or oral, relating to the subject matter
hereof. Except as otherwise expressly provided herein, no
modifications or waivers of this agreement shall be binding on either
party unless made in a writing that specifically references this
agreement and is signed by persons authorized to sign agreements on
behalf of Customer and American Home and Office Technologies LLC.
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