42 Appendix E - Terms and Conditions
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 SY STEMS 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-