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Used Servers 100% satisfaction Guarantee
All products are shipped factory sealed, factory refurbished, used and Used Servers refurbished.
We offer 30 days exchange or repair warranty on defective units. Our warranties range from 30 days to 1 Year depending on product selection. We offer 3 year extended warranties on select product. Please ask your Technical sales representative for a quote.
We offer 30 Day Refund option in which a 20% restocking fee would apply
Terms and Conditions of Sale
All quotations and sales by Used Servers, its subsidiaries or
affiliates ("Seller") are subject to the following terms and
conditions.
- ACCEPTANCE: ENTIRE AGREEMENT; MODIFICATION. This
agreement constitutes the entire agreement between the parties
concerning the subject matter hereof and supercedes all proposals,
oral or written, all negotiations, conversations and/or
discussions between the parties relating to this Agreement and all
past courses of dealing or industry customs. SELLER SHALL NOT BE
BOUND BY ANY ADDITIONAL PROVISION AT VARIANCE HEREWITH THAT MAY
APPEAR IN CUSTOMER'S PURCHASE ORDER, ACKNOWLEDGMENT, OR IN ANY
OTHER COMMUNICATION FROM CUSTOMER TO SELLER UNLESS SUCH PROVISION
IS EXPRESSLY AGREED TO IN WRITING SIGNED BY AN AUTHORIZED OFFICER
OF SELLER. Seller's acceptance of payment for Products shall not
constitute acceptance of any counter-proposal, purchase order or
other communication from Customer to Seller not otherwise accepted
in writing signed by an authorized officer of Seller. The terms
and conditions set forth herein shall constitute the entire
agreement between Customer and Seller and no change, modification,
amendment, suspension, revision or termination of the terms and
conditions set forth herein shall be binding upon Seller unless
made in writing and signed by an authorized officer of Seller.
- DELIVERY. Unless
otherwise agreed to in writing, delivery shall be made in
accordance with Seller's shipping policy in effect on the date of
shipment. Title to, and all risk of loss or damage with respect to
the Products shall pass to Customer upon delivery by Seller to
Customer's representative. Delivery is subject to the payment
provisions set forth herein and to Seller's receipt from Customer
of all necessary information and documentation from Customer,
including all import certificates, licenses and other documents as
may be required from Customer for export of the Products. Seller
shall not be held liable for any shipment delays beyond the
reasonable control of Seller which affect Seller or any of
Seller's suppliers, including but not limited to delays caused by
unavailability or shortages of Products from Seller's suppliers;
natural disasters, acts of war, fire, flood, strike, riot, or
governmental interference; unavailability or shortage of
materials, labor, fuel or power through normal commercial channels
at customary and reasonable rates; failure or destruction of plant
or equipment arising from any cause whatsoever; or transportation
failures.
- CHANGES. No
changes to Customer's order may be made without Seller's prior
written authorization.
- EXTRA CHARGES. Extra
charges may be imposed by Seller, at its sole discretion, for
changes to Customer's order which are requested by Customer and
approved by Seller pursuant to Paragraph 3 above.
- PRICE AND PAYMENT. The
Products are being invoiced at the prices specified on the front
of invoice. Unless otherwise provided, Customer shall bear all
applicable federal, state, municipal and other government taxes
(such as sales, use, and similar taxes), as well as import or
customs duties, license fees and similar charges. Exemption
certificates must be presented prior to shipment if they are to be
honored. Unless otherwise specified, payment terms are credit
cards only; C.O.D. is also acceptable for counter sales. Seller
shall have no continuing obligation to deliver Products on credit,
and Seller may withdraw any credit approval at any time without
prior notice. Seller hereby retains (and Customer grants to
Seller) a purchase money security interest in all Products sold by
Seller to Customer, and in the proceeds of any resale of such
Products, until the purchase price and any other charges due to
Seller have been paid in full. Customer agrees to execute any
financial statements Seller may request in order to protect
Seller's security interest. Upon any breach by Customer of these
terms and conditions, Seller shall have all rights and remedies of
a secured party under Uniform Commercial Code, which rights and
remedies shall be cumulative and not exclusive. Customer is
responsible for all costs and expenses reasonably incurred by
Seller in collecting any sums owed by Customer (which may include,
but not be limited to, reasonable attorney's and collection agency
fees). If Seller incurs costs collecting on any judgment arising
out of customer's breach, customer will be responsible for them,
and this provision will survive the entry of such judgment. All
unpaid invoices shall bear interest at a variable per annum rate
equal to the lesser of (i) the highest rate allowed by law, and
(ii) U.S. Prime Rate plus 14.1%, where the U.S. Prime Rate is as
published by the Wall Street Journal on the third Tuesday of
March, June, September, and December of each year, provided that
whenever any such adjustment date falls on a weekend or holiday,
the prime rate published by the Wall Street Journal on the next
business day shall apply. If more than one prime rate is reported,
Seller may choose the highest rate. If the Wall Street Journal
ceases publication or to publish the prime rate, Seller may use
the prime rate published in any other newspaper of general
circulation, or Seller may substitute a similar reference rate at
its sole discretion. Customer's failure to make timely payment may
result in such action as revocation of credit, delay or cessation
of future deliveries, repossession of unpaid delivered goods and
termination of this agreement or any one or more of these.
- RECLAMATION. If
Seller discovers that Customer has received Products on credit
while insolvent, Seller may reclaim the Products upon demand made
within thirty (30) calendar days after Customer's receipt of such
Products. The said thirty (30) day restriction does not apply if
Customer has made a misrepresentation of solvency in writing to
Seller within three (3) months prior to delivery of the Products.
- TRANSPORTATION. In
the absence of specific shipping instructions, Seller will use its
own discretion in choice of method of transportation and carrier.
Seller assumes no responsibility for insuring shipment unless
specified by Customer, in which event such insurance shall be
based on Customer's valuation and at Customer's expense. All
claims for damage and loss, whether apparent or concealed, shall
be filed by Customer with the carrier. Seller assumes no
responsibility for any such damage or loss.
- CANCELLATION. Except
as otherwise set forth in Paragraph 11 below, once Customer has
placed the order set forth on the face hereof, an order may be
canceled by Customer only with the written consent of Seller and
upon payment by Customer of all expenses (including, without
limitation, transportation and handling charges, overhead and
administrative expenses) already incurred on the order by Seller
prior to the effective date of cancellation. This remedy is not
exclusive, but it is in addition to all other remedies available
to Seller under the Uniform Commercial Code for Customer's breach
of this contract (including, but not limited to, recovery of
incidental damages and cover costs). In addition thereto, Seller
reserves the right to impose on Customer a minimum cancellation
charge equal to twenty percent (20%) of the purchase price of the
canceled order. At any point of the transaction the Seller
reserves the right to cancel the order for any reason that may
remain unspecified.
- LIMITATION OF LIABILITY FOR DELAY IN DELIVERY. UNDER
NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY DAMAGES WHATSOEVER
RESULTING FROM A DELAY IN DELIVERY OF PRODUCTS DUE TO ANY CAUSE
BEYOND SELLER'S CONTROL, AS SET FORTH IN PARAGRAPH 2 ABOVE. IN THE
EVENT OF A DELAY IN DELIVERY OF PRODUCTS DUE TO ANY OTHER REASON,
SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR EXEMPLARY DAMAGES.
- INSPECTION AND WARRANTY; LIMITATION OF LIABILITY. Customer
shall inspect all Products promptly upon receipt thereof. All
Customer complaints regarding Products must be made promptly in
writing by Customer to Seller and must specify, in reasonable
detail, the deficiencies claimed. Subject to the limitations set
forth in Paragraph 7 above, Seller warrants that Products will,
when delivered, conform to generally accepted industry standards.
SELLER WILL, AT ITS OPTION, REPLACE, OR ISSUE A CREDIT TOWARDS
FUTURE PURCHASES OR REFUND TO CUSTOMER FOR ANY NONCONFORMING
PRODUCTS, PROVIDED THAT: (A) PRODUCTS ARE NOT PHYSICALLY AND/OR
INTERNALLY DAMAGED: AND (B) CUSTOMER FURNISHES TO SELLER WRITTEN
NOTICE, IN REASONABLE DETAIL, OF THE NONCONFORMITY OF THE PRODUCTS
WITHIN THE WARRANTY PERIOD SPECIFIED IN SELLER'S WARRANTY
POLICIES, AFTER THE DELIVERY THEREOF: AND (C) CUSTOMER RETURNS TO
SELLER, AT CUSTOMER'S EXPENSE AND RISK, WITHIN TEN (10) CALENDAR
DAYS OF CUSTOMER'S RECEIPT OF RETURN MERCHANDISE AUTHORIZATION
FOLLOWING SELLER'S RECEIPT OF SAID NOTICE, THE PRODUCTS CLAIMED BY
CUSTOMER TO BE NONCONFORMING. A new warranty period shall not be
established for any replaced Products, and such replaced Products
shall remain under warranty only to the extent of, and for the
remainder of, the period of the original warranty. This warranty
does not extend to any Products which have been subjected to any
of the following actions or circumstances caused by the Customer
or by any persons or entities other than Seller: (a) improper or
inadequate handling or storage; (b) accident, damage, abuse or
misuse; (c) abnormal or unusual conditions or uses; or (d)
conditions or uses not made known to Seller prior to the date
hereof. In the event of Seller's liability hereunder, whether
based on contract, tort (including, but not limited to, negligence
and strict liability) or otherwise, Customer's sole and exclusive
remedy will be limited to, at Seller's option, the replacement by
Seller of, or the issuance of a credit or refund to Customer for,
that portion of the purchase price paid by Customer attributable
to any nonconforming Products which are returned to Seller in
accordance with this Paragraph. This warranty extends to Customer
only and not to any other person or entity (including, but not
limited to, any user(s) or consumer(s) of the Products other than
Customer). EXCEPT FOR THE FOREGOING WARRANTY, THERE ARE NO
REPRESENTATIONS, PROMISES OR WARRANTIES EITHER EXPRESS OR IMPLIED,
MADE BY SELLER IN CONNECTION WITH THE SALE OF THE PRODUCTS
HEREUNDER. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY
SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR EXEMPLARY LOSSES
OR DAMAGES PERTAINING IN ANY WAY TO THE SALE OR DELIVERY OF
PRODUCTS HEREUNDER, NOR SHALL SELLER BE LIABLE OR RESPONSIBLE FOR
ANY WARRANTY(IES), EXPRESS OR IMPLIED, MADE TO CUSTOMER BY ANY
OTHER PERSON OR ENTITY.
- BANKRUPTCY OR INSOLVENCY. Subject
to Paragraph 6 above, either party may cancel this order in the
event of the institution of proceedings relating to insolvency,
bankruptcy, reorganization, arrangement or liquidation by or
against the other party, or if the other party shall make an
assignment for the benefit of creditors.
- WAIVER. Neither
the failure of nor any delay on the part of Seller to exercise any
right, remedy, power or privilege under this Agreement shall
operate as a waiver thereof in any later instance. No waiver by
Seller shall be effective unless it is in writing and is signed by
an authorized officer of Seller.
- PRODUCTS. Unless
specifically otherwise agreed to in writing by Seller, Customer
acknowledges that products sold by Seller are not intended for and
will not be used in life support systems, human implantation,
nuclear facilities or systems or any other application where
product failure could lead to loss of life or catastrophic
property damage. Customer will indemnify and hold Seller harmless
from any loss, cost, or damage resulting from Customer's breach of
the provisions of this paragraph.
- SOFTWARE AND/OR DRIVERS. Any
software included in or relating to the products is supplied by
the manufacturer. Seller makes no representation or warranty with
respect thereto and shall have no liability in connection
therewith. Customer agrees to comply with the manufacturer's or
other requirements with regard to proprietary and similar rights
in and to such software (including any requirement to enter into a
separate license agreement and prohibitions against duplicating or
disclosing the same), even if the seal on any "shrink wrapped"
software has been broken by Seller, and shall indemnify Seller
against and hold it harmless from any and all liability, cost, or
expense arising from a breach or purported breach of such
requirement.
- GOVERNING LAW; VENUE. This
contract and the sale of goods contemplated hereby has been made
in, and shall be construed and enforced in accordance with the
laws of the State of Minnesota, notwithstanding any Minnesota or
other conflict-of-laws rules to the contrary. Any legal action
brought by either party hereto against the other party to enforce
any rights or obligations arising out of this contract shall only
be instituted in a federal or state court of competent
jurisdiction for the County of Hennepin, State of Minnesota. If
either party hereto is named as a defendant in any action brought
in connection herewith in any other court, such party shall have
the right to have the venue of such action changed to a federal or
state court of competent jurisdiction in the County of Hennepin,
State of Minnesota, or, if necessary, to have such action
dismissed, requiring the party bringing such action in accordance
with the venue requirement of this Paragraph. Customer and Seller
each consent to jurisdiction over their person by, and agree to
submit personally to the jurisdiction of the appropriate federal
or state court of competent subject matter jurisdiction for the
County of Hennepin, State of Minnesota.
- SEVERABILITY. If
any provision of this contract is held to be invalid or
unenforceable by a federal or state court of competent
jurisdiction, the enforceability of all remaining provisions of
this contract will not be impaired and will remain in full force
and effect.
Prices and availability subject to change without notice. Used Servers,
is not responsible for typographical errors. All trademarks
and logos are the properties of their respective owners. Used Servers,
reserves the right to limit sale quantities of all products.
By placing an order with Used Servers. you indicate that you have
read and accept Used Servers policies.
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