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.
· Customer: Buyer of products and services.
· Seller: InterRealm
· Software: Software programs provided by Seller, including documentation and configuration.
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.
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.
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 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.
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.
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.
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