Standard Terms and Conditions of Sale

Standard Terms and Conditions of Sale

PRICE: All prices given here are subject to change based upon manufacturer's pricing to En Pointe Technologies Sales, dba En Pointe Technologies ("En Pointe") Unless otherwise stated, pricing is FOB at En Pointes or its suppliers' facilities, and does not include freight or installation. Prices are exclusive of all taxes now in force or enacted in the future and therefore subject to an increase equal to the amount En Pointe may be required to collect to pay associated with the sale or delivery of items herein. Maintenance may be made available under a separate agreement. Modification of this order by the customer after order acceptance by En Pointe, may result in a change in price to reflect material and labor expenses incurred by En Pointe, in making said modifications.

WARRANTY: The only applicable warranties will be provided by the manufacturers of the equipment listed herein. En Pointe, will act on the customers behalf with the manufacturers to obtain warranty service, if required. If warranty service is required, En Pointe shall assist in upholding Customers rights under these warranties, including labor, at the prevailing rate. Any software is warranted only if, and to the extent of existence of, the applicable manufacturer's warranty and is distributed by En Pointe on an as is basis without warranty by En Pointe. En Pointe does not warrant that the operation of any equipment or of any programs will be uninterrupted or error free, or that all programming errors will be corrected.

IN NO EVENT SHALL En Pointe be liable for special incidental or consequential damages in connection with, or arising out of, the furnishing, performance or use at any product or services covered by this agreement. Responsibility and/or liability of En Pointe shall, in connection with any product or service, be limited in maximum amount to the original purchase price of that product or service.

Customer agrees that products and equipment shall be used in manner described by the original manufacturer thereof, otherwise any applicable warranty will become null and void. Any applicable warranty does not cover normal wear and tear and is contingent upon proper storage, installation, use, and maintenance in conformance with applicable recommendations of manufacturer.

PAYMENT: Payment shall be made with a deposit at the time of placing the order, with the remainder upon delivery. Title passes to the Customer when merchandise is delivered to the Customer (or freight carrier) at En Pointe's or its suppliers' facilities. If En Pointe is to install any system at the Customers site, then title shall pass to the Customer at the time of delivery. En Pointe reserves the right to make partial shipments. Each shipment shall be a separate transaction and payment shall be made accordingly. If shipments are delayed by Customer for whatever reason, payment shall become due on the originally scheduled shipment date.

Customer hereby grants to En Pointe a security interest in the equipment as security for the performance by customer of all its obligations in this agreement. Customer agrees to pay any and all expenses incurred by En Pointe associated with the collection of any monies owed to En Pointe by Customer or Customer's agents.

To avoid late charges of 1.5% per month on the amount due, please pay by due date.

DELIVERY: Delivery shall be F.O.B. En Pointe or its suppliers' facilities, with shipping charges to be pre-paid by Customer to carrier. Regardless of whether shipping arrangements are made by Customer or En Pointe, risk of loss shall pass to Customer upon delivery by En Pointe or En Pointes supplier, to carrier. In the absence of specific written instructions on the face of this document, En Pointe will select the carrier, but shall not thereby incur any responsibility or liability in connection with shipment, nor shall the carrier be construed to be an agent of En Pointe. En Pointe shall not be liable for any damages or penalty for delay in delivery or for failure to give notice of delay when such delay is due to the elements, acts of God, delays in transportation, delays in delivery by En Pointe's vendors or any other causes beyond the reasonable control of En Pointe. The scheduled delivery date shall be extended by a period equal to the time lost because of any such delay.

ACCEPTANCE: Customer agrees to accept the listed equipment, programs, and programming services under the terms and conditions of this agreement. Customer further agrees, with respect to equipment and programming. To accept responsibility for 1) their selection to achieve the Customer's intended results, 2) their use and 3) the results obtained therefrom. Customer also has the responsibility for the selection and use of, and results obtained from, any other equipment, programs or services used with the equipment and programming. The terms and conditions of sale contained herein supersede all agreements made and purchase orders submitted to and accepted by En Pointe.

All sales shall be final once accepted by Customer. En Pointe is under no obligation to refund or exchange merchandise. En Pointe is entitled to reasonable storage fees for any merchandise left on its premises. Deposits or prepayments made prior to delivery are also non-refundable.

All matters pertaining to this agreement shall be governed by the laws of the State of California.

* “EEO obligations of Exec. Order 11246 and 41 C.F.R. Parts 60-1.4, 60-741.5 are incorporated in non-exempt U.S. gov’t contracts/subcontracts”.