Purchase agreement between Allied Computing (Seller, a Montana Business) and Customer (Buyer).
1. SALE OF MERCHANDISE. Seller hereby sells and Buyer hereby purchases the items described on the invoice, upon the terms and conditions hereinafter provided.
2. RETURN POLICY. All sales are final. If your shipment arrives damaged, you must note the damage on the carrier’s delivery record in accordance with the carrier’s policy, save the merchandise in the original box and packing it arrived in, and notify Seller immediately to arrange for a carrier inspection and pick up of damaged merchandise. If you do not notify Seller of damaged goods within the first 15 days of arrival, the
repair policy will override any claim of damage, and your purchase(s) will fall under all current manufacturer restrictions. In the case of verified damaged shipments, Seller will repair or replace the damaged merchandise at their sole discretion.
3. WARRANTY. SELLER AS AN AUTHORIZED COMPUTER RESELLER MAKES ABSOLUTELY NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR USE OR PURPOSE, AS TO MERCHANDISE 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 time specified in such literature. Seller will assist Buyer in enforcing Buyer’s rights under such written manufacturer’s warranties. Any recommendation or suggestion relating to use of products 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 it’s own particular purpose and it will be deemed to have done so.
This warranty shall not apply if:
Should a defect be due to a cause set forth in 1) or 2) above, then charges for all work performed or parts furnished by Seller in defining and/or correcting the defect shall be borne by Buyer.
- An item is not used in accordance with Seller’s or the manufacturer’s instructions; or
- An item shall have been altered or modified by Buyer or others.
4. RESPONSIBILITIES OF BUYER. Buyer shall be exclusively responsible for the supervision, management and control of its use of the merchandise, including but not limited to: (1) assuring proper machine configuration, program installation, audit controls and operations methods, (2) establishing adequate back-up plans, based on alternate procedures and/or based on access to qualified programming personnel to diagnose, patch, and repair malfunctions and, (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.
5. LIABILITY. Seller shall not be liable, and Buyer hereby assumes and will indemnify and save harmless Seller, for any loss, injuries, loss of profits or consequential damages that may arise through use by Buyer or others of the merchandise.
6. TERMS. The full amount shown as “Total” on the invoice is payable upon placement of order. If litigation arises between Seller and Buyer, whether for collection or otherwise, the prevailing party in such litigation is entitled to an award of reasonable attorney’s fees.
7. BUYERS 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 all legal remedies as are applicable in these circumstances.
8. SEVERABILITY. Each paragraph and provision of this agreement is severable from the entire agreement, and if one provision hereof is declared invalid, the remaining provisions
shall nevertheless remain in effect.
9. WAIVER. The waiver by either party of any breach of this agreement shall not be construed as a waiver of any preceding or succeeding breach hereof.
10. CHOICE OF LAW. The terms and provisions of this agreement shall be construed in accordance with the laws of the State of Montana.
11. ENTIRE AGREEMENT. This writing sets forth the entire agreement between the parties with respect to the subject matter hereof, and no modification, amendment, waiver or alteration shall be binding upon the parties unless in writing and signed by both parties.