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E System
Sales, Inc.
EZ System
Sales
EZ Phone
Systems
Certified Computer
Sales Terms and Conditions
The purchasers of
products and / or services from EZ System Sales/EZ Phone Systems, or any affiliate
thereof
("EZ System Sales/EZ Phone Systems,") are subject to the following terms and
conditions. The term "Purchaser" shall mean the party placing an
order with EZ System Sales/EZ Phone Systems, and identified as such in any document
attached hereto ("attachment"), this document and all attachments
are hereinafter referred to as "this Agreement." The terms and
conditions set forth in this agreement shall constitute the entire
agreement between EZ System Sales/EZ Phone Systems, and Purchaser relating to the
sale of the products ("Products") and/or services ("Services")
described in any attachment, or in an subsequent purchase or sales
order. No conflicting or final terms or conditions which may
appear in any order or other document of Purchaser shall be of any
force or effect unless accepted and agreed to in writing by an
officer of EZ Phone Systems.
Price:
The prices under this agreement are F.O.B. point of shipment and
exclusive of all sales, use, excise or other taxes. The prices
set forth shall be in effect until notice in writing from EZ
System Sales/EZ Phone Systems,. reserves the right to
adjust prices at its discretion with proper notice to Purchaser.
Taxes:
Purchaser shall pay all federal, state, municipal or other sales,
use, excise or other taxes, assessments and charges assessed or
levied against the products and/or services. Purchaser agrees to
pay to E System Sales/EZ Phone Systems, on request any federal, state, municipal
or other sales, use, excise or other taxes, assessments or charges
payable by E System Sales/EZ Phone Systems, with respect to the products and/or
services of the sale thereof.
Delivery:
Delivery will be F.O.B. point of shipment. Unless otherwise
directed by Purchaser, E System Sales/EZ Phone Systems, will pre-pay the freight
and bill Purchaser for shipping and handling charges. Purchaser
assumes all risk of loss during delivery of the Products by E
System Sales/EZ Phone Systems, to the carrier. In the absence of instructions to
the contrary, E System Sales/EZ Phone Systems, on behalf of the Purchaser, shall
exercise its own discretion as to the method of shipment to be
used and the selection of the carrier but shall not be deemed
thereby to assume any liability in connection with the shipment
nor shall the carrier thereby be deemed an agent of E System
Sales/EZ Phone Systems. No goods shall be returned for credit or replacement
without prior RMA authorization by E System Sales. All good
returned without such prior authorization will not be accepted by E System Sales/EZ Phone Systems, and will be returned to the purchaser freight
collect.
When you
receive your shipment, locate your packing slip and compare it
to your E System Sales Invoice. Please unpack your
shipment carefully to be sure every piece you have purchased has been
shipped.
Payment:
Except as otherwise stated in any attachment, terms are net due
upon purchase. Payment method will be check (must wait 10 days
for all out of state checks), money order or credit card (Visa,
MasterCard, American Express or Discover). Lease options for
qualified Purchasers will be covered under a lease agreement.
Buyer agrees to pay all credit card penalties, late charges, and
collection fees. Collection fees carry a minimum charge of
25% of total invoice or $125.
Warranty:
Check individual equipment manufacturer for product warranty
information & details. E System Sales, Inc. will advance
replace defective hardware 30 days after purchase as per
manufacturer instructions all other warranty will be through
manufacturer. All Comdial warranty will be done through
Comdial as per Comdial warranty policy.
Disclaimer and
Limitation of Liability:
E System Sales/EZ Phone Systems, shall in no event be liable for damages,
including but not limited to incidental or consequential damages,
for injury to any property or to any person, by reason of the
person's negligence or otherwise in connection with the safety,
delivery, installation or use of the products and/or provision of
services pursuant to this agreement, and purchaser shall indemnify
and hold harmless E System Sales/EZ Phone Systems against further liability.
Without limiting the generality of the foregoing, E System Sales/EZ
Phone Systems,
shall in no event be liable for lost profits or costs arising out of
installation , replacement of hardware, or in
connection with, this agreement. Neither E System Sales/EZ
Phone Systems, nor
purchaser shall be liable for delay in the performance of any of
its obligations under this agreement arising out of causes beyond
its control, including but not limited to acts of God, governmental
action, fires, floods, epidemics, quarantines, strikes, embargoes,
or severe weather.
General Provisions:
This agreement shall be binding upon and inure to the benefit of
the parties and their respective successors and permitted
assigns. Neither this agreement nor any variation or modification
of this agreement or waiver of any of the terms or provisions
hereof shall be deemed valid and binding upon EZ Phone Systems
unless in writing, signed by an officer of E System Sales/EZ
Phone Systems and
delivered by E System Sales/EZ Phone Systems to Purchaser. Failure by either
party to enforce the terms hereof shall not be deemed a waiver of
future enforcement of that or any other term. This agreement
shall be construed and interpreted in accordance with the laws of
the State of New Hampshire.
Software
Licensing
Software purchased from E
System Sales is not returnable or transferable in
any way. Once your software is received please read and
follow your End User License Agreement. If you have any
questions or concerns please call 800 619 9566.
POS & Phone
Starter Kits & System Bundles
Purchasing a phone system or point of sale system starter kit or
hardware. Buyer agrees he or she has the necessary
installation & configuration computer or phone skills or can
provide an experienced computer or phone technician with the
necessary installation & configuration skills unless installer
technician is provided by E System Sales. Inc. Systems
will not be returned due to installation frustrations or lack of
the necessary computer skills.
Equipment Returns
Equipment returned to
E System Sales/EZ Phone Systems for any reason shall
be subject to a full refund of the purchase price, less the 20%
re-stocking fee, shipping and handling fees, and charges for any
installation services or services delivered. Equipment must
be returned in its original packing and be ready for resale. All out of the
box returns shall be on a 50% buy back basis only. No equipment
shall be returned to E
System Sales/EZ Phone Systems after 14 days of receipt. All WARRANTY and RETURN equipment returned to E System Sales/EZ Phone Systems, must have a RMA (Return
Merchandise Authorization) number issued by E System Sales/EZ
Phone Systems. All returned items without a RMA number
will not be excepted by E System Sales/EZ Phone Systems.
Technical
Support
Technical support is provided through the
E System Sales/EZ Phone Systems help desk located at
www.help.ezsystemsales.com. In the event that the help
desk does not provide adequate information or the end user or the
installer is unable to resolve a problem, E System Sales/EZ Phone
Systems, provides installation support for 15 days from the first
initial phone call for end users and for installers. Email
support is available free. Complete programming
support is available over the telephone at a flat rate of $65 for
the first hour and billed in 15 minute increments after the first
hour is completed.
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