1. SALE OF MERCHANDISE OR SERVICES. Seller hereby sells and Buyer hereby purchases the items or services
described, upon the terms and conditions hereinafter provided. The terms and conditions
herein shall prevail in spite of any contrary printed provision of any purchase order utilized by Customer or any
handwritten provision unless initiated by seller.
2. WARRANTY. SELLER MAKES ABSOLUTELY NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR USE OR PURPOSE, AS
TO MERCHANDISE OR SERVICES PURCHASED BY BUYER, but does extend to Buyer all of the
manufacturer's warranties, if any, as specified in the warranty literature given to Buyer for the express period of times
specified in such literature. Any recommendation or suggestion relating to use of products or services sold by Seller
either in technical literature or in response to specific inquiry is given in good faith, but it is for Buyer to satisfy itself of
the suitability of the products for its own particular purpose and it will be deemed to have done so. No warranty shall
apply if: A) An item is not used in accordance with Seller's or the manufacturer's instructions or B) An item shall have
been altered or modified by Buyer or others. Should a defect be due to a cause set forth in A) or B) above, then charges
for all work performed or parts furnished by Seller in defining and/or correcting the defect shall be borne by Buyer.
3. RESPONSIBILITIES OF BUYER. Buyer shall be exclusively responsible for the supervision, management and control
of its use of the merchandise and services including but not limited to: (1) assuring proper machine configuration,
program installation, audit controls and operations methods, and operating environment, (2) the customer is responsible
for maintaining two or more software and data backups, in secure location(s) to ensure data integrity and security.
Customer acknowledges that during the course of System Source's work, data may be deleted or corrupted. In any
event, Seller's sole liability will be the provision of up to ten hours of time needed for restoration of Buyer's data
backups, (3) implementing sufficient procedures and checkpoints to satisfy its requirements for security and accuracy
of input and output as well as restart and recovery in the event of malfunction, caused by power irregularity, hardware,
software or other.
4. LIABILITY. Seller shall not be liable, and Buyer hereby assumes and will indemnify and save harmless Seller, for any
loss, injuries, loss of profits and consequential damages that may arise through use by Buyer or others of the
merchandise and/or services even if seller has been advised of the possibility of such damages.
5. TERMS. The full amount shown as `Total Due' hereof is payable on delivery. If not paid on delivery,
the full amount is payable no later than (20) days after delivery, from and after which date interest shall accrue on the
unpaid balance at the rate of eighteen percent (18%) per annum. If litigation arises between Seller and Buyer for
collection, Seller is entitled to an award of reasonable attorney's fees of at least fifteen percent (15%) of the amount
due.
6. BUYER'S FAILURE TO PERFORM. In case of Buyer's failure to pay invoices or to fulfill or perform any other
agreement required to be fulfilled or performed by Buyer, Buyer shall be deemed to be in default under the terms of
this agreement, and Seller may avail itself of any or all legal remedies as are applicable in the circumstances.
7. MISCELLANEOUS. Each paragraph and provision of this agreement is severable from the entire agreement, and if one
provision hereof is declared invalid, the remaining provision shall nevertheless remain in effect. The waiver by either
party of any breach of this agreement shall not be construed as a waiver of preceding or succeeding breach hereof. The
terms and provisions of this agreement shall be construed in accordance with the laws of the state of Maryland. This
writing sets forth the entire agreement between the parties with respect to the subject matter hereof and no modification
amendment, waiver of alteration shall be binding upon the parties unless in writing signed by both parties.
8. RETURN OF MERCHANDISE. System Source accepts product returns within 30 days of invoice date, subject to our vendors'
current returns policy. YOUR ACCOUNT WITH THE SELLER MUST BE CURRENT TO RECEIVE A REFUND.
All returns must be in the original packaging and complete including accessories, cables, and manuals. Software must
be in unopened boxes. DO NOT WRITE ON THE BOX. Returns not meeting the above conditions will be refused.
Seller will exchange or issue credit after receipt, verification of merchandise condition and subject to our vendor’s return policy.
Return
merchandise to the following address only:
SYSTEM SOURCE
338 CLUBHOUSE ROAD
HUNT VALLEY, MD 21031
9. SALES & USE. System Source collects and remits taxes to the following states: MD, PA, CA, FL, MA, WV, HI, AZ and DC. If an order with taxable product is shipped to any state not listed above the buyer is responsible for remitting use tax to the appropriate state.
10. Client is responsible for receiving and securely storing all products shipped directly to Client including checking for box and hidden damage, noting damage when signing for deliveries and complying with all freight company damage policies. System Source is not liable for box or hidden damage unless noted as damaged on the freight company’s bill of lading with hidden damage reported by Client to the freight company in compliance with the freight company’s policies.
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