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| Terms
and Conditions of Sale |
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Hypertec USA,
Inc. (“Hypertec”)
- This contract shall
be interpreted in accordance
with the laws of the
State of Delaware.
- The purchaser hereby
expressly accepts and
agrees to be bound by
all the terms and conditions
that are stipulated
herein as the only terms
and conditions that
govern the relationship
between the purchaser
and Hypertec from the
date of opening of the
account. Theses terms
and conditions govern
the following, but not
by way of limitation,
each order, sale, delivery
and return of merchandise,
credit or other between
the purchaser and Hypertec.
Any waiver of any of
the terms, conditions,
prices or claims whatsoever
will not be binding
unless contained in
a writing that is signed
by a duly authorized
representative of Hypertec.
- Hypertec assumes
no responsibility or
liability for any delay
or failure in delivery
of the merchandise or
services where such
delay or failure arises
from circumstances beyond
the reasonable control
of Hypertec including,
but not by way of limitation,
Acts of God, strikes,
labor disputes, fire,
floods, embargos, war
and/or government regulation.
- Shipping terms are
FOB Hypertec warehouse.
Hypertec shall not be
responsible for any
loss, damage or pilferage
sustained in transit.
Claims of such nature
should be made promptly
by the purchaser against
the carrier.
- If delivery is refused
on the designated date,
Hypertec shall store
the merchandise and
a charge for warehousing
will be made.
- Hypertec does not
assume any liability
for claims, damages
or losses, including
breach of duty, arising
out of the ability or
inability of the merchandise
sold, leased and/or
otherwise delivered
to the purchaser to
perform or function
in a particular manner
based upon the purchaser’s
and/or end-user’s
requirements. Notwithstanding
the foregoing, the maximum
total liability of Hypertec
toward the purchaser
shall not exceed the
cost of the products
giving rise to the claim.
To the extent permissible
and applicable, Hypertec
passes through to the
purchaser the product
warranties provided
by the manufacturers
of the products. The
warranties expressly
set forth in the manufacturer’s
literature are the sole
warranties provided
to the purchaser and
are in lieu of any warranty
provided by Hypertec.
Hypertec specifically
disclaims and the purchaser
expressly waives all
other warranties, expressed
or implied, both legal
and conventional , including
but not limited to warranties
of merchantability,
fitness for a particular
purpose or non-infringement.
- No merchandise may
be returned without
the prior written consent
of Hypertec and a properly
issued and approved
RMA number. This consent
may only be granted
within 10 days of receipt
of the merchandise by
the purchaser. Any merchandise
so returned must be
contained in its original
packaging and accompanied
by its original invoice.
- Any cancellations
are subject to Hypertec`s
prior written consent.
A minimum cancellation
fee of 15% will be applicable.
No cash refunds.
- The purchaser hereby
acknowledges having
received the merchandise
and/or services sold
herein and declares
its acceptance thereto.
- The purchaser accepts
and undertakes to fully
indemnify Hypertec for
any and all costs incurred
by Hypertec to recover,
seize, repossess, take
back and otherwise secure
the merchandise and/or
any and all amounts
that may due and owing,
including but not limited
to 100% of all collection
and/or legal fees, returned
check fees, costs, outlays
and other expenses incurred
by Hypertec in this
regard.
- The purchaser accepts
and undertakes to pay
interest at the rate
of 2% per month (24%
percent per year) on
all amounts past due
subject to the terms
of sale.
- The purchaser is
responsible for the
payment of all sales
taxes of whatsoever
origin and amount that
are applicable herein.
- In the absence of
a written acceptance
of these terms and conditions
by the purchaser, acceptance
of the merchandise and/or
the services ordered
constitute irrefutable
proof and acknowledgement
by the purchaser of
the terms and conditions
contained herein as
well as its unequivocal
acceptance to be bound
thereto without contest.
- Until the purchaser
shall have paid the
purchase price in its
entirety, Hypertec retain
the title to the merchandise.
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