IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY.
THE TERMS AND CONDITIONS OF SALE (“TERMS”) ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND Xcalable HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
“We”, “Our” or “Us”, as used in these terms and conditions, refer to Xcalable (“ Xcalable “), which is a subsidiary of Xcalable . d/b/a Xcalable . Orders placed via other Sonul Tech Websites are governed by the terms and conditions on those websites. Xcalable and other subsidiaries of Xcalable are referred to herein as “Affiliates”.
BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN Xcalable ‘S INVOICE OR OTHER Xcalable DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND Xcalable HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
Application of Terms; Customer Acknowledgment
These Terms constitute a binding contract between Customer Xcalable s. Customer acknowledges agreement and acceptance of these Terms by making a purchase placing an order or otherwise shopping on our Website (the “Site”). These Terms are subject to change without prior notice, except that the Terms posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
Governing Law; All Sales made in CALIFORNIA
THESE TERMS AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES, REGARDLESS OF THE LOCATION OF THE CUSTOMER. ANY DISPUTE, ACTION OR LITIGATION MUST BE BROUGHT IN CALIFORNIA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN CALIFORNIA, SUBMITS TO JURISDICTION THERE, AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER HEREBY AGREES THAT SUCH VENUE IS APPROPRIATE AND THAT Xcalable ‘S AGREEMENT TO SELL AND DELIVER PRODUCTS TO THE CUSTOMER IS DEPENDENT ON THIS PROVISION.
Purchase Price
Prices are listed in our catalogs and Website, and are subject to change without notice. Prices for certain government, corporate, and institutional customers may be set forth in a bid or other written agreement between the parties. Payment is due before shipment, unless credit terms have been arranged in advance with our credit department. In such case, payment terms shall be as set forth in the credit agreement.
We collect sales and use taxes for sales shipped to the State(s) of Alabama, Arizona, Arkansas, California, Colorado, Connecticut, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. Additional states may be added without notice. We shall not be liable for handling or customs charges for shipments outside the United States.
California Environmental Fees
The State of California has enacted California law SB 50, which requires collection of a State Environmental Fee at the point of sale for certain electronic products shipped to California.
Products Affected:
Under SB 50 regulations, the following products are subject to this fee:
- Notebook computers
- CRT and LCD monitors
- CRT TVs with a screen size greater than 4 inches
- LCD TVs, plasma TVs and plasma monitors
- Portable DVD Players with screen size greater than 4 inches
As of January 1, 2017: - $5 per device (screen size greater than 4″ and less than 15″)
- $6 per device (screen size 15″ to 35″)
- $7 per device (screen size greater than 35″)
Screen sizes are measured diagonally. For more information, visit the California SB 50 web site.
Shipping; Risk of Loss; Security Interest
Shipping terms are FOB Destination. Xcalable will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. Xcalable charges shipping and handling fees for every shipment, unless a special promotion or contract term provides otherwise; such cost includes the freight charged by the carrier, packaging, and handling, but does not necessarily equal a direct pass-through of such cost to customer. Delivery times are estimates only and we shall not be liable for delays.
Xcalable retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
Non-US or Export Sales
Transactions that involve an export of products, including but not limited to commodities, software or technology, are subject to the Export Administration Regulations. Such products were exported from the United States by Xcalable in accordance with the Export Administration Regulations. Diversion contrary to U.S. law is prohibited. Customer expressly represents and warrants that it is eligible to receive products under U.S. law and agrees that it shall not export, re-export, or provide such items to any country, entity or person in contravention of regulations currently imposed by the U.S. Government. In addition, there are other countries, individuals or entities for which export is restricted, prohibited or for which an export license may otherwise be required. It is the responsibility of the customer to ensure it is in compliance with all U.S. export regulations. Manufacturers’ warranties for exported products may vary or may be null and void for products exported outside the United States.
LIMITED MANUFACTURER’S WARRANTY
Customer understands that Xcalable is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not us. In purchasing the products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by us. In connection with services, neither affiliates of Xcalable nor third-party service providers are our agents and we have no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers.
We warrant that we have good title to the hardware products we sell, and that we have proper authority to license the software products we distribute.
We do not warrant the performance or integrity of any Product, but merely pass through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective products.
STATEMENTS MADE TO YOU IN THE COURSE OF ANY PRIOR, CURRENT, OR FUTURE SALE ARE SUBJECT TO THE YEAR 2000 INFORMATION AND READINESS DISCLOSURE ACT, (___U.S. C.___) (P.L. 105-271). IN THE CASE OF A DISPUTE, THIS ACT MAY REDUCE YOUR LEGAL RIGHTS REGARDING THE USE OF ANY SUCH STATEMENTS, UNLESS OTHERWISE SPECIFIED BY YOUR CONTRACT OR TARIFF.
Xcalable AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF Xcalable , INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY.
Xcalable has no control over the technology of the Products sold herein, and therefore cannot and does not indemnify Customer for claims by third parties that Products infringe any patent, copyright, trademark or trade secret. Xcalable will pass through any such indemnity it receives from the Product manufacturer or supplier.
Pricing Information; Availability; Errors and Omissions Disclaimer
All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, we cannot guarantee that it will be able to fulfill Customer’s orders.
We make every effort to ensure the accuracy of the information published in our catalogs and on our Website(s). However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided “as is” without warranty of any kind.
If an error is made and a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, we shall immediately issue a credit in the amount of the incorrect price. Note: We also do not guarantee that our prices listed on other websites or price engines are accurate or up-to-date.
Leasing Agreements
In the event your purchase is financed through lease financing with a third-party leasing company, you acknowledge the following:
• Should the purchase order be placed by the third-party leasing company, it represents your authorization to purchase the goods on your behalf.
• In the event we deliver the requested goods and you do not execute your lease agreement with the third-party leasing company, you are responsible for payment in full within 30 days from shipment.
Limitation of Liability
NEITHER Xcalable NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER Xcalable NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY Xcalable OR ITS AFFILIATES, NEITHER Xcalable NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.
We will not be responsible for any delays in delivery which result from any circumstances beyond our control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
Third-Party Services
Customer acknowledges and agrees that we and our affiliates are resellers of services and are not the provider of those services. In those cases, the third-party service provider is the only party responsible for providing services to Customer. In those cases, Customer will look solely to the third-party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases Xcalable , and its affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third-party service providers. Services may be subject to tax. All amounts, including taxes, associated with third-party services are being collected by us solely in the capacity as an independent sales agent.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon us until accepted by us. Terms of payment are within our sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. We may invoice parts of an order separately. Customer is responsible for, and will indemnify and hold Xcalable harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of our costs of collection, including court costs, filing fees and attorney’s fees.
Return Privileges
All non-defective returns authorized by Xcalable , whether opened or unopened, will be assessed a minimum 35% restocking fee and must be authorized for return within 30 days from date of receipt. No refund will be issued after such 30 day period. Authorization may be obtained by calling Customer Care or at CC@hopyardrecycling.com . Customer will be issued a Return Merchandise Authorization (RMA) which is valid for 10 days. Failure to return a product within such 10 day authorization period will be deemed to be an acceptance of the product. Any purchase order Canceled prior to delivery will be charged a %35 restocking, Administrative fees including man power lost and Loss of profit due to cancelation will be deducted from Refund.
Return privileges are subject to various manufacturers’ policies. Many manufacturers have imposed certain return restrictions. Consequently, Xcalable reserves the right to decline specific return requests based on those restrictions. Be sure to ask your Account Manager about specific return conditions before you purchase any item.
The United States Government and certain other agencies have requirements for the shipment of hazardous materials, which are referred to as “Dangerous Goods.” When returning products to Xcalable or to any of our vendors or suppliers, it is your responsibility to ship Dangerous Goods in accordance with all applicable regulations. Any questions in this regard should be addressed to your freight company or shipper.
Vendor License Agreements
If a quotation includes software or other products acquired pursuant to a subscription or other licensing arrangement, be aware that the manufacturer of such products requires all end users to agree to an End User License Agreement (“EULA”). The manufacturer will make its EULA available for review and it must be agreed to at or before the time the software or other licensed product is installed or accessed for the first time by the end user. It is the end user’s responsibility to review, understand and agree to the terms of any such EULA.
Damaged Products
All packages shipped from Xcalable are inspected prior to shipment. However, from time to time, damage during shipping may occur. Packages that are obviously damaged should be refused upon original delivery attempt. If the package is accepted, then any damage should be noted on the carrier delivery record prior to the driver leaving your premises. Any hidden or internal damage to any product must be reported to Customer Care at CC@hopyardrecycling.com within the first 7 days of receipt to arrange for a carrier inspection and return of the damaged product(s). Please save the product, the shipping carton and all manufacturer packaging. Timely receipt of this information is necessary for Xcalable to file a damage claim. Failure to notify Xcalable of damage within this time period will be deemed an acceptance of the product, and standard return policies will apply.
Entire Agreement
These Terms constitute the entire agreement between Customer and Xcalable relating to the sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting us at the address provided below.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the Terms contained herein and in our invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms or any purchase order or invoice related thereto. This section may not apply if there is a written contract between Customer and Xcalable .
In the event any section or portion of a section of these Terms are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms, and the remaining terms shall continue in full force and effect.
Electronic Equipment Recycling
We advise all to recycle as much as possible and notify us of their recycling need.