InterRealm Terms and Conditions of
The
services and sales listed on InterRealm invoices are subject to the terms and
conditions stated herein, which are in lieu of and replace any and all terms
and conditions set forth in any documents issued by the Customer, including,
without limitation, any purchase orders and any specifications.
Definitions:
· Customer: Buyer of products and services.
· Seller: InterRealm
· Software: Software programs provided by
Seller, including documentation and configuration.
Warranty:
Warranty, unless otherwise explicitly agreed to in writing by
Seller, Seller makes no warranties, expressed or implied, including, but not
limited to, any implied warranties of merchantability or fitness for a
particular purpose other than as follows:
1. Seller
warrants that the microprocessor and main memory included in the new product
sold by Seller will be free from defects in materials and workmanship for one
(1) year from the date of shipment by Seller.
2. Seller
warrants that the hardware other than the microprocessor and main memory (but
not the software) included in the new product sold by Seller will be free from
defects in materials and workmanship for one (1) year from the date of shipment
by Seller. Monitors, printers, notebooks, laptops, palm computers, scanners,
cameras and other peripheral devices are covered by the manufacturer’s
warranty.
3. Replacement
parts shipped by Seller are warranted against defects in materials and
workmanship for ninety (90) days from the date of shipment by Seller or until
the expiration date of the original one-year limited warranty.
4. On
software, Seller makes no warranty whatsoever and all software is sold “as is”.
Any
claim against Seller pursuant to section 1-4 hereof must be made within the
applicable warranty period and Seller has no liability thereafter. Seller
has the option, if it determines that a defect exists in materials or
workmanship, to repair or replace any defective part, or issue a credit, or
refund to Customer. All warranties cover only defects arising under
normal use and do not include malfunctions or failure resulting from misuse,
abuse, neglect, alteration, problems with electrical power, usage not in
accordance with product instructions, acts of nature or improper installation
or repairs made by anyone other than Seller, Seller-qualified third-party
service providers, or Customer with the assistance of Seller technical
support. Seller may repair or replace parts with functionally equivalent
new or reconditioned parts. Any parts replaced by Seller shall become the
property of Seller. All warranties granted herein are to the initial
Customer end-user and are non-transferable.
Data:
Customer is responsible for backing-up Customer’s hard drive prior
to submitting same for repair or replacement.
Seller will not be responsible for data lost on Customer’s hard drive
during the course of shipment, repair, replacement or
due to hardware failure.
Hardware/Software:
Warranty on Software and Hardware is limited to the terms listed on
the manufactures warranty agreement.
Seller makes no warranty on compatibility between new and existing
software and/or new and existing hardware
installation.
Services:
Services are provided on a Time and Materials Basis, which includes
labor reimbursement at Seller’s current hourly billing rates. Customer shall be notified of costs and
options if requested before work is performed.
Seller makes no warranty that services performed will satisfy a
particular purpose. A minimum of one hour will be charged for all on-site
service calls. Our current rates can be viewed at: http://www.interrealm.com/ratesandfees.htm
.
Taxes, Shipping and Miscellaneous Charges:
Any tax, shipping or other related charges required for services
and/or installation required for completion of work on equipment is the
responsibility of the Customer.
Payment:
Customer shall pay Seller for all charges listed on Seller’s
invoice, including all shipping and handling charges. Unless otherwise stated on the face hereof,
all payments shall be due upon receipt of invoice. On any amounts not paid when due, Customer
agrees to pay interest at the rate of 1-1/2% per month (18% per year) or, if
such rate is in excess of the rate allowed by law, then Customer agrees to pay
the highest rate allowed by law. In
addition, Customer agrees to pay all costs of collection, including costs of
litigation and reasonable attorney’s fees.
A $25.00 collection fee will be charged to Customer for all dishonored
checks.
Support:
Windows operating system installed on new computer systems includes
a 30-day support policy, thereafter you may purchase software user assistance
at an additional cost.
Liability:
In no event shall Seller or its suppliers be liable for any damages
whatsoever (including without limitation, direct or indirect damages for
personal injury, loss of business profits, business interruption, loss of
business information, or any other pecuniary loss) arising out of the use or
inability to use hardware or software purchased from Seller.
Dated: 01/01/2010 – T&S01012010.htm