Appendix F - Terms and Conditions | 38 |
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 number 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 accurate processing.
6.Limitation of Remedies. Compatible Systems’ liability for all claims brought pursuant to or in connection with this agreement, including the purported 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 COMPATIBLE SYSTEMS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE SALE, USE, INSTALLATION OR OPERATION OF THE PRODUCTS, WHETHER A CLAIM IS BASED ON STRICT LIABILITY, BREACH OF WARRANTY, NEGLIGENCE, OR ANY OTHER CAUSE WHATSOEVER, WHETHER OR NOT SIMILAR. This limitation on remedies shall apply even if Compatible Systems is advised of the possibility and nature of any special, consequential, or incidental damages.
7.Governing Law; Merger. This agreement and all Terms and Conditions hereof shall be governed by, and construed in accordance with the internal laws of the State of Colorado. Except as superseded by a separate written contract signed by both Compatible Systems and the Customer, superseding all prior negotiations or offers, written or oral, this agreement may be amended only in writing, signed by an authorized officer of Compatible Systems.
