42 | Appendix E - Terms and Conditions |
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THE WARRANTIES SET FORTH IN THESE TERMS AND CONDI- TIONS ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. WITHOUT LIMITATION ON THE GENERALITY OF THE FOREGOING SENTENCE, COMPATIBLE SYSTEMS EXPRESSLY DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES OF MERCHANTIBILITY AND OF FITNESS (GENERALLY OR FOR A PARTICULAR PURPOSE).
2.Shipments. All delivery indications are estimated and are dependent in part upon prompt receipt of all necessary information to service an order. Compatible Systems shall not be liable for any premium transportation or other costs or losses incurred by Customer as a result of Compatible Systems inability to deliver Product in accordance with Customer’s requested deliv- ery dates. All shipments by Compatible Systems are made F.O.B. factory (Boulder, Colorado); risk of loss shall pass to Customer at point of shipment. Unless specified by the Customer, Compatible Systems will select the mode of transportation for each order. Compatible Systems reserves the right to make deliveries in installments. Partial shipments are subject to the terms of payment noted below. Compatible Systems reserves the right to allocate inventory and production if such allocation becomes necessary.
3.Payment Terms. Payment shall be made prior to shipment or upon delivery, unless otherwise agreed to in writing. Payment shall not constitute acceptance of the goods.
4.Force Majeure. All orders accepted by Compatible Systems are subject to postponement or cancellation for any cause beyond the reasonable control of Compatible Systems, including without limitation: inability to obtain necessary materials and components; strikes, labor disturbances, and other unavailability of workers; fire, flood, and other acts of God; war, riot, civil insurrection, and other disturbances; production or engineering difficulties; and governmental regulations, orders, directives, and restrictions.
5.Product Return Policy. Prior to shipping any Product to Compatible Systems, the Customer must contact Compatible Systems Technical Support (by letter or telephone) with the following information: (a) reason for return;
(b) quantity, description, and model number, and (if applicable) serial num- ber of each item being returned; (c) original Compatible Systems Sales Agreement number; and (d) any special instructions. Upon receipt of this information, Compatible Systems will issue an RMA ("Return Material Authorization") number and any required U.S. Customs identification to assure correct identification of the Customer and to insure prompt and accu- rate processing.
6.Limitation of Remedies. Compatible Systems’ liability for all claims brought pursuant to or in connection with this agreement, including the pur- ported breach hereof, shall be limited: (a) in the case of claims for breach of warranty, to compliance with the repair or replacement provisions of the warranty, and (b) in all other cases (including any claim that the warranty failed of its essential purpose), to actual damages of the Customer (or, if appropriate, of the subsequent purchaser). IN NO EVENT SHALL COM-