Appendix E - Terms and Conditions | 35 |
Appendix E - Terms and
Conditions
Compatible Systems Corporation (Compatible Systems) offers to sell only on the condition that Customer’s acceptance is expressly limited to Compat- ible Systems’ terms and conditions of sale. Compatible Systems’ accep- tance of any order from Customer is expressly made conditional on assent to these terms and conditions of sale unless otherwise specifically agreed to in writing by Compatible Systems. In the absence of such agreement, com- mencement of performance or delivery shall be for Customer’s convenience only and shall not be construed as an acceptance of Compatible Systems’ terms and conditions. If a contract is not earlier formed by mutual agree- ment in writing, Customer’s acceptance of any goods or services shall be deemed acceptance of the terms and conditions stated herein.
1.Warranty. Compatible Systems warrants to the Customer and to all per- sons who purchase Products from the Customer during the Warranty terms (“subsequent purchasers”), that, for a period of three (3) years from the date (the “shipping date”) on which Compatible Systems ships the Products to the Customer: (a) the Product meets, in all material respects, all specifica- tions published by Compatible Systems for such Products as of the shipping date; (b) the Products are free from all material defects in materials and workmanship under normal use and service; and (c) that as a result of the purchase of the Products from Compatible Systems, the Customer will have good title to the Products, free and clear of all liens and encumbrances.
Compatible Systems’ obligations pursuant to this Warranty, and the sole remedies of the Customer and of any subsequent purchaser, shall be limited to the repair or replacement, in Compatible Systems’ sole discretion, of any of the Products that do not conform to this Warranty.
This Warranty shall be invalidated if the Products (a) have not been installed, handled, or used in accordance with Compatible Systems recom- mended procedures; (b) have been damaged through the negligence or abuse of the Customer or of any subsequent purchasers; (c) are damaged by causes external to the Products, including (without limitation) shipping damage, power or air conditioning failure, or accident or catastrophe of any nature; and (d) have been subjected to repairs or attempted repairs by any person other than Compatible Systems (or an authorized Compatible Systems ser- vice technician).