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Terms and Conditions
Terms and Conditions
The following terms and conditions apply to your purchase of products from CSCI. These terms are in lieu of any terms found in your purchase order or order request. By placing your order, you agree to be bound by the terms and conditions below, which constitute the entire agreement between you and CSCI regarding the products purchased unless a separate agreement covering this purchase has been executed by you and CSCI.
- Quotation: In the event of any inconsistency between CSCI’s Order Acknowledgement(s) and any price quote, the terms of the Order Acknowledgment shall control. Please request a revised quotation after the expiration of the quotation. If the quotation does not specify an expiration date, then the quote is valid for thirty (30) days unless cancelled sooner by CSCI.
- Ordering: Your order is subject to acceptance by CSCI and may be refused for any reason, including credit concerns, unusual volumes, unavailability of the product you ordered, or shipping addresses. CSCI shall have no liability until the order is accepted. Once accepted, CSCI may make partial shipments if some items are on backorder. By placing the order you agree that CSCI may do so and charge you for any items as shipped.
- Pricing: Unless otherwise acknowledged by CSCI in writing: (i) all prices are subject to change without notice and subject to availability; (ii) products will be billed at the prices in effect at the time of shipment; (iii) prices are quoted F.O.B. basis CSCI’s facility or that of its designee; (iv) prices on the items set forth in the Order Acknowledgment are exclusive of all city, state, provincial and federal excise taxes, including, without limitation, taxes on manufacture, sales, receipts, occupation, use and similar taxes. Whenever applicable, any taxes will be added to the Order Acknowledgment as a separate charge to be paid by Buyer. For purposes of calculating sales tax, the location to which the product is to be shipped shall govern. If you are exempt from sales tax, in advance of placing the order you must notify CSCI and provide proof as deemed adequate by CSCI.
- Cancellation: Cancellations shall only be valid once accepted by CSCI. If product has already shipped, order cancellation or changes may require you to pay return freight, insurance, and a restocking fee.
- Payment: On approved credit, orders placed on account shall be due thirty (30) days after shipping or from date of invoice whichever is earlier. Otherwise, payment in full is due prior to shipment of goods. CSCI will only accept payment via credit card or by check. Your credit card will not be charged until CSCI ships product to you. Invoices will be paid in full without right of offset. CSCI reserves the right to change credit terms should your credit record or payment history so warrant. Past due invoices will be subject to 1.5% per month interest charge. Returned checks will incur a $25 administration fee.
- Shipping: CSCI will ship products according to the shipping instructions you selected if any. CSCI will attempt to ship the products within the estimated times reflected on your order but will not be liable for any failure to do so. If CSCI learns it cannot ship within the estimated times, you will be advised via email or regular mail of the new estimated shipment date. For items on backorder, CSCI may ship whenever the product becomes available without any notice to you.
- Title: Title to all products passes to you upon delivery of the product to the selected carrier or when tendered to you if CSCI is itself delivering the product. Title to any third party software shall be governed by the appropriate license.
- Returns: Any returns must be approved in advance by CSCI. Credit for returns complying with RMA procedures will be issued only by CSCI to your account upon receipt and inspection of product. All returns must be in the original packaging and contain all items provided with the product. You are responsible for shipping charges and any insurance to return items to CSCI. You shall not debit or offset your account for any returns.
- Your Responsibility: You agree not to resell the product or to export the products from the (50) United States for use outside the United States.
- Limited Delivery: The CSCI will only deliver products within the United States.
- CSCI Services: Services will be billed on a “time and material” or as specified in your contract with CSCI. Services will be calculated on a pro rata hourly basis in increments of not less than one tenth (.10) of an hour. Unless otherwise specified: (i) travel to destinations outside of a 75 mile radius of CSCI’s site will be billed at 50% time; (ii) you are required to provide all equipment including software with valid license keys and hardware necessary to complete the job; (iii) higher hourly rates will apply for work after 6:00 pm weekdays, on weekends and holidays, as well as for work requiring specialized credentials (see attached for details).
- Limited Warranty: CSCI warrants that it has sufficient title to products sold hereunder. Should CSCI breach this warranty, your sole and exclusive remedy shall be to return the product to CSCI for replacement. If CSCI is unable to provide a replacement, your alternate exclusive remedy is to receive a credit of the net purchase price paid. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARTRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION. ANY IMPLIED WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability, Remedies:: THE REMEDIES PROVIDED HEREIN ARE YOUR SOLE AND EXCLUSIVE REMEDIES ARISING OUT OF OR RELATED TO THIS AGREEMENT BY CSCI. UNDER NO CIRCUMSTANCES SHALL CSCI BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE OBLIGATIONS AND RELATIONSHIPS ESTABLISHED BY THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOST DATA EVEN IF CSCI HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. IN NO EVENT SHALL CSCI’S TOTAL LIABILITY TO RESELLER ARISING UNDER OR RELATED TO THIS AGREEMENT EXCEED THE SUMS PAID TO CSCI BY RESELLER FOR THE PRODUCTS INVOLVED.
- Force Majeure: if the performance of this Agreement or of any obligation hereunder (except payment of monies due) is prevented, restricted or interfered with by any other act or condition whatsoever beyond the reasonable control of the parties hereto, the party so affected, upon giving notice to the other party, shall be excused from such performance to the extent of such prevention, restrictions or interference.
- Additional terms: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California and the courts of the County of San Diego, California shall be the exclusive forum for any actions brought pursuant to these terms. The terms and conditions of Sections 4, 5, 10, 11, 12 and 13 shall survive expiration and/or termination of this Agreement. CSCI is not responsible for typographic errors. CSCI reserves the right to change these terms or the prices charged at any time so please check each time you purchase.
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Ref 06 0801 (1)
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