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GENERAL: This SALES CONTRACT sets forth the Terms and Conditions pursuant to which the Purchaser identified on the front page hereof (“Purchaser”) will purchase and Commertek USA Corp, DBA Digisolution will sell goods and/or services (hereinafter called “Products”), including those described on the front page of this SALES CONTRACT. These Terms and Conditions shall govern and apply to the sale of the Products or the execution of Services regardless of any terms and conditions appearing on any purchase order or other forms submitted by Purchaser to Commertek USA Corp, DBA Digisolution, or the inconsistency of any terms therein and herein.
LEGAL NOTICE: All notices from Commertek USA Corp, DBA Digisolution to Purchaser may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from Purchaser to Commertek USA Corp, DBA Digisolution shall be made either by e-mail, sent to the address we provide on our Web site (email@example.com), or first class mail to our address at: Plantation, Florida, 33324, USA.
Delivery shall be deemed to have been made by Purchaser to Commertek USA Corp, DBA Digisolution five (5) days after the date sent.
TRADEMARKS: All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Commertek USA Corp, DBA Digisolution. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Commertek USA Corp, DBA Digisolution or any third party, except as expressly granted herein.
CANCELLATION: Purchaser shall not countermand or cancel this SALES CONTRACT or cause the work or shipment to be delayed, except with the written consent of, and upon terms agreed to by, Commertek USA Corp, DBA Digisolution and with full compensation to Commertek USA Corp, DBA Digisolution for any loss sustained by reason of any cancellation or delay.
PRICE: Unless otherwise noted, all prices set forth of this SALES CONTRACT are F.O.B. at Commertek USA Corp, DBA Digisolution facilities. Prices are subject to change without prior notice. All prices are exclusive of any and all taxes, including, but not limited to, excise, sales, use, property, transportation and/or occupational taxes and such other taxes related to the sale or use of the Products, now or hereafter imposed, together with all penalties and expenses. Purchaser shall be responsible for collecting and/or paying any and all such taxes, whether or not they are stated in any invoice for the products. Purchaser shall indemnify and hold Commertek USA Corp, DBA Digisolution free and harmless from and against the imposition and payment of such taxes. Commertek USA Corp, DBA Digisolution, at its option, may at any time separately bill Purchaser for any taxes not included in Commertek USA Corp, DBA Digisolution’s invoice and Purchaser shall pay said taxes, or in lieu thereof, shall provide Commertek USA Corp, DBA Digisolution with a tax exemption certificate acceptable to all taxing authorities. Unless otherwise specified herein, all prices are exclusive of: (a) inland freight, insurance and other costs and expenses relating to the shipment of the products from the F.O.B. point, Commertek USA Corp, DBA Digisolution’S site, to Purchaser’s facility; and (b) any special packaging for the products required by Purchaser. In the event Commertek USA Corp, DBA Digisolution shall make arrangements for inland transportation, all costs and expenses relating to such inland transportation shall be for the account of Purchaser and shall be paid by Purchaser to Commertek USA Corp, DBA Digisolution upon presentation of Commertek USA Corp, DBA Digisolution invoice therefore. In the event Purchaser shall require any special packaging for shipment of the products, the cost for such special packaging shall be invoiced separately to and paid by Purchaser. In the event delivery of the products, or any part thereof, is delayed due to the fault of the purchaser, any and all additional costs and expenses incurred by Commertek USA Corp, DBA Digisolution resulting from such delay in delivery, including those relating to storage, shall be chargeable to and paid by Purchaser.
DELIVERY: To a public carrier at the applicable Commertek USA Corp, DBA Digisolution facilities, consigned as Purchaser directs, shall constitute transfer of the shipment’s title, ownership, possession, and property to Purchaser at point of such delivery. Carrier will thereafter be deemed as acting for Purchaser and the shipment will be at Purchaser’s risk. IMPORTANT NOTICE TO PURCHASER: Do not accept any package(s) or item(s) until you have thoroughly checked and inspected their contents. You have the right to inspect the item(s) while the shipping company waits for your approval. If you find the item(s) to be damaged or incomplete, clearly note it on the bill of lading, refuse the package(s) or item(s) and return to shipper, and contact us immediately. By accepting the package(s) or item(s), you accept full responsibility of their condition. Any Damages or missing parts occurred during shipping will then become your full responsibility. Damaged or incomplete items will not be covered under any warranty and are non-refundable.
LIMITED PRODUCT WARRANTY: Commertek USA Corp, DBA Digisolution may warrant new machines against defects in material and workmanship for a limited period from the date of purchase stated in the invoice. Refer to the warranty information posted in the product description page, or contact us for the applicable limited product warranty period of a particular item. If your product is covered the Company will repair or replace at no cost, F.O.B Miami, Florida, any part proving defective in materials or workmanship. Defectiveness shall be verified by Commertek USA Corp, DBA Digisolution inspection and at the sole discretion of Commertek USA Corp, DBA Digisolution. Removal and installation expense shall be the responsibility of the Purchaser. Commertek USA Corp, DBA Digisolution is liable solely for the furnishing of the defective part or parts. Commertek USA Corp, DBA Digisolution is not liable for consequential damages, such as loss of profit, delays or expenses incurred by failure of said part or parts. Failure due to abuse, improper adjustments or maintenance, exposure to corrosive or abrasive environments or operation in damp conditions does not constitute failure due to materials or workmanship. Modifications or alterations to the equipment without the express written consent of Commertek USA Corp, DBA Digisolution are strictly prohibited. Failure to obtain consent in writing voids any warranty, express or implied, and relieves Commertek USA Corp, DBA Digisolution from any and all liability for said product. Commertek USA Corp, DBA Digisolution is not liable or responsible for repair, service, or installation charges, fees or damages for correcting any defects. Commertek USA Corp, DBA Digisolution will not accept parts returned for credit unless Commertek USA Corp, DBA Digisolution is notified in writing and return or correction is authorized by Commertek USA Corp, DBA Digisolution in writing pursuant to our return policy. SHOULD COMPONENTS BE TAMPERED WITH BEFORE INSPECTION BY THE COMPANY, ALL WARRANTY CLAIMS ARE HEREBY WAIVED.
During your applicable limited product warranty period, if a covered product is proven to be defective in workmanship or materials, Commertek USA Corp, DBA Digisolution will, at its option: (1) replace or repair the defective component; or (2) replace the product with a comparable product. Replacement parts will be new or serviceably used, comparable in function and performance to the original part or product, and warranted for the longer of fourteen days or the remainder of the warranty period. Replacement products may be refurbished, and are warranted for the longer of fourteen days or the remainder of the applicable limited warranty period. Any additional purchases or upgrades will not extend this limited product warranty. Upon the expiration of the warranty period, Commertek USA Corp, DBA Digisolution’s liability under this warranty shall terminate. The foregoing warranty shall constitute the sole liability of the Commertek USA Corp, DBA Digisolution and the exclusive remedy of the customer or user. If we determine that the problem with the product is not covered by the limited product warranty, we will inform you of alternative solutions that may be available to you on a fee-for-service basis. In the event warranty service is provided by us, shipping cost of the item back to us will be Purchaser’s responsibility. NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. Commertek USA Corp, DBA Digisolution SPECIFICALLY DISCLAIMS ANY IMPLIED.
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE: Determination of the suitability of the products described on the face of the and/or invoice is the sole responsibility of the Purchaser and Commertek USA Corp, DBA Digisolution shall have no responsibility in connection therewith.
LIMITATION OF LIABILITY: Commertek USA Corp, DBA Digisolution SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, OR FOR THE COST OF SUBSITUTE GOODS. CONSEQUENTIAL DAMAGES for purpose of this Agreement shall include, without limitation:
1. Loss of use, income or profit, or losses sustained as a result of the injury (including death) to any person or loss or damage to property, including, without limitation, materials manufactured, processed or packaged by the use of the products.
2. Damages arising out of or in connection with delays in delivery, Commertek USA Corp, DBA Digisolution’s performance, nonperformance or breach of this contract, defects in the equipment, failure of the products to perform properly or non-conformance of the products with specifications or the operation, use, installation, repair or replacement of the products.
PARTS: Parts are generally available from Commertek USA Corp, DBA Digisolution for standard products. Documentation or other support may be provided at Commertek USA Corp, DBA Digisolution’s discretion for all products. Replacement parts and parts in new machines may be new or reconditioned.
PRODUCTION ESTIMATES OR PRODUCT AVAILABILITY: are not guaranteed, but result from careful analysis of Purchaser’s submitted requirements and present reasonably expected output or inventories under normal conditions.
ESTIMATED SHIPPING SCHEDULES: Shipping dates are approximate; Commertek USA Corp, DBA Digisolution is not responsible for delays or non-performance due to strikes, fires, embargoes, abnormal manufacturing conditions, or cause beyond Commertek USA Corp, DBA Digisolution’s reasonable control. Specification changes requested by Purchaser may extend shipping schedules.
RETURNS: Some unused products may be returned after the invoice date. Refer to the return information posted in the product description page, or contact us for the applicable return period of a particular item. Before returning a product contact Commertek USA Corp, DBA Digisolution to ascertain if your product meets the return requirements and if so, to request a Product Return Instruction Form. A fifteen percent (15%) restocking fee may be deducted from any refund or credit. Products without a Return Authorization Number (RAN) cannot be returned. Parts and Consumables cannot be returned. Products must be returned in as-new condition to Commertek USA Corp, DBA Digisolution facilities in Miami, Florida. Return products must include all original packaging, along with any media, documentation, hardware, tools, parts, manuals and all other items that were included in the original shipment. Any parts sent under warranty must also be included. Products must be shipped pre-paid, and insured. COD deliveries will be refused. Buyer accepts the risk of loss or damage during shipment. Products must be returned thoroughly packaged, in the same new condition as they were originally received. Damaged packaging materials must be replaced with new materials, this includes wooden and/or cardboard boxes or crates. Products sent strapped on pallets must be returned the same way. Note that additional protection may be needed to protect the Product as the original packaging materials may have suffered normal wear during the shipment to Buyer’s location and may be insufficient to protect the Product during return shipping. Buyer is responsible and liable for all shipping, insurance, packaging and/or handling charges as well as import/export tariffs and brokerage or storage fees (if applicable). Buyer accepts all responsibility for Products damaged or lost during shipping. Commertek USA Corp, DBA Digisolution reserves the right to refuse any product that upon arrival shows visible packaging damage. Commertek USA Corp, DBA Digisolution will not be responsible for packages shipped to any address other than the one it specifies. Upon receipt of the returned product Commertek USA Corp, DBA Digisolution will ascertain the completeness, condition and operational status of the Product. Product must be received in like new condition. If items are missing or repairs have to be made (due to prior usage, improper installation, improper handling, or improper packaging) Commertek USA Corp, DBA Digisolution may, at its sole discretion, replace or perform such repairs it deems necessary to return the Product to a like new condition, including the cost of crating or repackaging the Product. The cost of such items and/or repairs will be deducted from any applicable refund value. Shipping, handling and/or insurance costs are non-refundable. Any applicable refund will be processed within 15 work days from the receipt of the returned product, in the same form of payment used in the original purchase. If the item being returned was shipped for free, the actual outbound shipping cost will be deducted from any applicable refund. Commertek USA Corp, DBA Digisolution will refund the buyer a maximum of up to the value of the returned item as specified on their invoice minus any charges incurred as specified above.
INTERNATIONAL ORDERS: Duties and applicable taxes are not calculated or charged by Commertek USA Corp, DBA Digisolution. International customers are solely responsible and liable for any shipping costs, as well as duties and/or taxes and fees that may be incurred from the international transit of any part or system.
FORCE MAJEURE Seller’s obligations hereunder are subject to delays incident to labor difficulties, fires, casualties, accidents, acts of the elements, acts of God, acts or war or terror, transportation difficulties, delays by common carrier, inability to obtain equipment, materials or components or qualified labor sufficient to timely perform part or all of this SALES CONTRACT, governmental regulations or other causes beyond the control of seller. In the event of any such delays, seller’s performance shall be correspondingly extended, and seller shall keep purchaser fully informed of the effects of such events.
TYPOGRAPHICAL ERRORS: Commertek USA Corp, DBA Digisolution shall not be held responsible for typographical errors.
COMPLETENESS: The terms and conditions stated herein represent an agreement between Commertek USA Corp, DBA Digisolution and Purchaser which, together with the terms, provisions and conditions on any acknowledgement provided to Purchaser by Commertek USA Corp, DBA Digisolution, constitutes the entire agreement, understanding and representations, expressed or implied, between Commertek USA Corp, DBA Digisolution and Purchaser and supersedes all prior communications between the parties, including all oral and written proposals.
SEVERABILITY: The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision contained herein.
TERMS AND CONDITIONS OF WEBSITE USE: Commertek USA Corp, DBA Digisolution does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than United States of America). No information shall be construed as advice and information. Content is intended for information purposes intended for educating visitor into making an informed purchased at the time of sale. Commertek USA Corp, DBA Digisolution is not responsible for the contents of any off-site pages or any other sites linked to the Site. Commertek USA Corp, DBA Digisolution Web site (www.digi-solution.com) is presented for private, noncommercial use only.
TRADEMARKS: The trade marks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of Commertek USA Corp, DBA Digisolution. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of Commertek USA Corp, DBA Digisolution.
EXTERNAL LINKS: Certain links on the Commertek USA Corp, DBA Digisolution site will allow you to leave the Commertek USA Corp, DBA Digisolution site. These linked sites are not produced by Commertek USA Corp, DBA Digisolution and Commertek USA Corp, DBA Digisolution is not responsible for the content or material of any linked site or any link contained in a linked site, or any changes or updates to such sites. These linked sites are included by Commertek USA Corp, DBA Digisolution as a service to its customers, and the links do not necessarily imply endorsement by Commertek USA Corp, DBA Digisolution.
PUBLIC FORUMS AND USER SUBMISSIONS: Commertek USA Corp, DBA Digisolution is not responsible for any material submitted. All communications received by Commertek USA Corp, DBA Digisolution via electronic mail or otherwise, including letters, questions and comments, may be posted at the Site or otherwise published by Commertek USA Corp, DBA Digisolution. Such communications may be edited for length and clarity.
WARRANTIES: Commertek USA Corp, DBA Digisolution makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.
USE OF GOOGLE TRANSLATE: The Google Translate service is free to Commertek USA Corp, DBA Digisolution users and is intended only as a tool to assist in the translation of our website content. Any other uses, including, without limitation, the incorporation of, advertising into, or the placement of advertising associated with, or targeted towards, the Google Translated content, are strictly prohibited. You must use the Google Translate content as provided and you may not edit or modify the text, technology, content or links supplied.
RIGHT TO DISCONTINUE THE GOOGLE TRANSLATE SERVICE: Commertek USA Corp, DBA Digisolution reserves the right to cease providing Google Translate functionality and/or content at any time without notice. Commertek USA Corp, DBA Digisolution assumes no liability for, and expressly disclaims responsibility for, your use of the Google Translate functionality or content or for your reliance on the accuracy of its translations.