| 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.
EN POINTE MAKES NO
WARRANTIES REGARDING ITS PRODUCTS
OR SERVICES (INCLUDING WITHOUT LIMITATION
WARRANTIES AS TO MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE)
EITHER EXPRESSEO OR IMPLIED. EN POINTE
SPECIFICALLY MAKES NO WARRANTIES AS
TO THE SUITABILITY OF THE PRODUCTS
OR SERVICES FOR ANY PARTICULAR APPLICATION.CUSTOMER
ACKNOWLEDGES THAT IT IS CUSTOMER'S
CHOICE OF HARDWARE OR SOFTWARE THAT
IS AND HAS BEEN THE INSTRUMENTAL FACTOR
IN THE SELECTION OF THE PRODUCTS FOR
PURPOSES AND USES INTENDED BY THE
CUSTOMER.
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.
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” |
