Terms of Hardware Sale
Any and all use of the Services is subject to and conditioned upon compliance with the following Terms and Conditions of Sale of Hardware. If you have an Agreement with Us, these Terms and Conditions of Sale of Hardware are incorporated into and made a part of your Agreement with Us.
1. This Website contains the terms and conditions pursuant to which you may purchase/license certain products offered by Deskforce, including telephones, conference phones, headsets etc. j, and related software installed on those devices. For a list of the products currently offered by Deskforce (“Products”) click http://shop.innitel.com/.
2. The purchase/license of Products may be fulfilled by third party providers, engaged by Deskforce from time to time and will be subject to these Terms and Conditions of Sale of Hardware (these “Hardware Terms”).
3. Unless otherwise agreed in writing signed by an authorized representative of Deskforce, all purchase orders for Products shall be non-cancelable and non-returnable, except as expressly stated herein or as required by applicable law.
4. By submitting a purchase order to Deskforce, Customer, the purchaser of the Products, and, if applicable, any End User on whose behalf Customer is making this purchase agree to be bound by and accept the terms and conditions provided below. If Customer and/or the End User, as the case may be, disagree with these terms and conditions, do not submit a purchase order to Deskforce.
5. Customer is responsible for all taxes related to this purchase and to the import of the Products, if applicable, to include but not limited to all sales taxes, value-added taxes, import taxes/customs/duties and any other similar taxes imposed by any governmental entity.
6. We shall commence work and/or fill any order(s) for Products upon (cumulative) (i) Our receipt from You of a purchase order; (ii) Our written acknowledgement of receipt of such purchase order; and (iii) Our receipt of any and all payments due upon submission of any purchase order(s). With the exception of any payment due upon submission of any purchase order for Products, full payment of each invoice is due within thirty (30) days after receipt of the invoice.
7. Customer agrees to pay interest in the amount of 1.5% per month for any amounts due and owing under this Agreement that have not been paid within thirty (30) days after the due date. Customer agrees that any amounts thirty (30) days past due shall be considered a material breach of this Agreement. We will provide You with written notice of such breach and a period of ten (10) days to cure the breach. If Customer does not cure such breach within the ten (10) day period, We will be entitled to recover from You any actual costs, including reasonable attorney’s fees, We incur to remedy any breach of this obligation to pay. Additionally, at Our sole discretion, We shall have the right to suspend any deliveries of Products until the breach of the obligation to pay has been cured.
8. Title; Risk of Loss. Title to the Products passes to Customer when the Product(s) are paid for in full; Risk of loss to the Products passes when Products are shipped to the Customer.
9. Limited Warranties. Deskforce warrants the Products against defects in materials and workmanship under normal use (the “Warranty”) for a period of 12 months from the ship date of the Products (the “Warranty Period”), on the condition that the Product(s) have been completely paid for. Unless as otherwise mandated by local law, the Warranty Period does not restart if Customer receives a replacement device. Thereafter, Deskforce will repair any defects in workmanship or materials at its then current labor, travel, and materials costs.
10. This Warranty does not apply: (a) to damage caused to the Products by accident, abuse, misuse, flood, fire, earthquake or other external causes; (b) to damage caused by operating the Products outside the permitted or intended uses described by Deskforce; (c) to damage caused to the Products by service (including upgrades and expansions) performed by anyone who is not an authrorized representative of Deskforce; (d) to any of the Products that have been modified to alter functionality or capability without the written permission of Deskforce; (e) to cosmetic damage to the Products, including but not limited scratches, dents and broken plastic on ports; or (f) to normal wear and tear of the Products.
11. We do not warrant that the Products will be free from vulnerability, intrusion, attack, or other damage. We do not warrant that the operation of the Products will be uninterrupted or error-free. We are not responsible for damage arising from failure to follow instructions relating to the Products’ use. This Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by accident, abuse, misuse, neglect or failure to properly maintain (to include but not limited to water damage and/or condensation or improper temperatures during storage), or improper installation; (d) to damage caused by electrical disturbances or acts of God, to include but not limited to civil disturbance, war, flood, fire, rodents or insects; or (e) where manufacturer’s serial numbers have been removed from the Products.
12. THIS IS DESKFORCE’S COMPLETE WARRANTY FOR THE PRODUCTS, AND STATES CUSTOMER’S EXCLUSIVE REMEDIES. THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER EXPRESS WARRANTIES. IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE GIVEN ONLY IF SPECIFICALLY REQUIRED BY APPLICABLE LAW. OTHERWISE, THEY ARE SPECIFICALLY EXCLUDED. DESKFORCE RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME, AT ITS SOLE DISCRETION, AND WITH NOTICE TO CUSTOMER.
13. NO WARRANTY IS MADE THAT ANY OF THE PRODUCTS PROVIDED BY DESKFORCE WORK IN COMBINATION WITH ANY HARDWARE OR APPLICATIONS SOFTWARE PRODUCTS PROVIDED BY THIRD PARTIES NOT IDENTIFIED IN ANY STATEMENT OF WORK FOR WHICH THE PRODUCTS ARE INTENDED TO WORK, THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFECTS IN THE PRODUCTS WILL BE CORRECTED.
14. This Warranty is voided immediately if repair, modification (to include upgrades, expansions or usage or addition of non-manufacturer parts or accessories), alteration or other service is attempted other than by an authorized representative of Deskforce.
15. Repair. Customer should carefully inspect the Products upon receipt thereof. Customer should maintain all original packaging and receipts upon receiving the Products until the Products have been installed and are found to be in proper working order.
16. If the Products arrive to Customer damaged or defective at initial delivery, Customer must notify Deskforce Customer Support at Support@deskforce.com within 24 hours of the receipt thereof of the condition of the Products and obtain return instructions if needed. Products must then be returned immediately to Deskforce for repair or replacement at Deskforce’s discretion. Customer is responsible for properly packing the return shipment of the Products.
17. If, during the Warranty Period (as described below), but following the initial 24-hour period, the Products is not working properly, Customer must contact Deskforce Customer Support at Support@deskforce.com to confirm the problem and obtain return instructions if needed. Customer will pay shipping and insurance costs when returning the Products for repair. If the Products is returned for repair or replacement at any time following purchase by Customer and Deskforce discovers that the Warranty is inapplicable due to the reasons provided above (see the “Limited Warranties” section hereof), the Products will not be repaired and will be returned to Customer at Customer’s expense, unless Customer authorizes and pays for repair. Whether Customer authorizes repair or not, Deskforce reserves the right to charge a “No Fault Found” fee where the Products is found not to be defective due to any fault of Deskforce.
18. Limitation of Liability. DESKFORCE’S LIABILITY FOR ANY DIRECT LOSS OR DAMAGE ARISING OUT THESE CONDITIONS AND ANY CONTRACT FOR THE SALE AND PURCHASE OF PRODUCTS HEREUNDER SHALL BE LIMITED TO, AND SHALL UNDER NO CIRCUMSTANCES EXCEED THE PRICE PAID BY CUSTOMER FOR THE PRODUCTS GIVING RISE TO THE CLAIM (EXCLUDING APPLICABLE TAXES). DESKFORCE SHALL HAVE NO LIABILITY UNDER THESE CONDITIONS OR ANY CONTRACT IF DESKFORCE HAS NOT RECEIVED PAYMENT OF THE TOTAL INVOICE PRICE OF THE PRODUCTS GIVING RISE TO THE CLAIM.
19. EXCEPT AS EXPRESSLY PROVIDED IN THESE CONDITIONS, DESKFORCE AND ITS SUPPLIERS SHALL NOT BE LIABLE TO CUSTOMER FOR ANY FINANCIAL, CONSEQUENTIAL OR OTHER LOSS OR DAMAGE CAUSED TO CUSTOMER BY REASON OF ANY REPRESENTATION, WARRANTY (EITHER EXPRESS OR IMPLIED), CONDITION OR OTHER TERM, OR ANY DUTY AT COMMON LAW; OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, RECORDS OR DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, DAMAGE TO REPUTATION OR GOODWILL, OR ANY MATTER BEYOND ITS REASONABLE CONTROL) OR FOR ANY OTHER CLAIMS FOR COMPENSATION HOWEVER CAUSED (WHETHER CAUSED BY THE NEGLIGENCE OF DESKFORCE, ITS EMPLOYEES, AGENTS, SUPPLIERS OR OTHERWISE) WHICH ARISE OUT OF OR IN CONNECTION WITH THESE CONDITIONS OR A CONTRACT HEREUNDER, EVEN IF DESKFORCE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, LIABILITY OR DAMAGES. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS EXCLUDING OR LIMITING DESKFORCE’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY DESKFORCE’S NEGLIGENCE, OR WILLFUL MISCONDUCT.
20. Export. Customer must comply with all applicable export laws and restrictions and regulations (i) of the United States Department of Commerce (seewww.bis.doc.gov/licensing/exportingbasics.htm), the United States Department of Treasury Office of Foreign Assets Control, or other United States or agencies or authorities, and (ii) of the country or countries in which Customer resides, is doing business in, is exporting to or alike. Furthermore, Customer will not export, or allow the export or re-export of the Products in violation of any such restrictions, laws or regulations. Additionally, Customer agrees to comply with the above and represents and warrants that it is not located in, under the control of, nor a resident of any restricted country.
Last Revised: March, 2019