1. Payment.
Unless otherwise stated on the face hereof, all payments shall be due upon receipt of invoice. On any amounts not paid when due, customer agrees to pay interest at the rate of 1-1/2% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then the highest rate allowed by law. A $25.00 minimum late also applies. In addition, customer agrees to pay all costs of collection, including costs of litigation and attorney's fees. Perk Systems reserves the right to obtain a security interest in the products sold to customer, and in proceeds thereof, until payment is made in full by customer. Customer agrees to execute financing statements and other instruments at Perk’s request. A $25.00 collection fee will be charged for all dishonored checks.
1a. Payment Default:
If you do not pay your invoice within ten (10) days of its due date, or you break any of the terms or conditions of this sale, you will be in default of this sale and any other agreement with us or any of our other affiliates. If you default, we may require any combination of the following: (1) pay the remaining balance of the sale, (2)return all of the equipment. We can use any and all remedies available to usunder the Uniform Commercial Code or any other law. If we have to take possession of the equipment, you agree to pay the cost of repossession. You agree we are not responsible for any consequential or incidental damages related to the default or actions taken by us in the event of a default. You agree to pay us reasonable attorney’s fees and costs associated with any legal action we may take in the event of your default. In the event of your default under this sale, we may retain any security deposits to insure your performance under this sale. At the termination of this sale, if you are not in default, any security deposit will be refunded to you without interest.
2. Taxes.
Unless otherwise stated on the face hereof, stated prices do not include any customs duties, sales, use, value added, excise, federal, state, local or other taxes. All such duties or taxes shall be paid by customer, or, in lieu thereof, customer shall provide Perk Systems with an appropriate tax exemption certificate.
3. F.O.B. and Risk of Loss.
Unless otherwise stated on the face hereof, all shipments are F.O.B. Perk’s Richardson, Texas facility. Perk’s liability for delivery shall cease, and title and all risk of loss or damage shall pass to customer upon delivery to carrier.
4. Terms of limited warranty.
Except with respect to products marked with the RF prefix (hereinafter an RF Part), Perk Systems warrants to the original customer purchasing products directly from Perk Systems that all such products sold will be free from defects in materials and workmanship affecting form, fit and function. Any claim alleging that any product fails to conform to the foregoing warranty may be made only by the customer who purchased such product and only while such customer owns such product. Perk Systems, at its option, will repair, replace, or provide a credit or refund of either the original purchase price or fair market value, whichever is lower, for any product covered by this 30 Day Warranty that is determined by Perk Systems to be defective. Perk Systems reserves the right to substitute functionally equivalent new or serviceable used parts. The 30 Day Warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature or improper installation or repairs made by anyone other than Perk Systems or a Perk Systems-authorized third-party service provider. If Perk Systems determines that failure of the product(s) was not a result of a defect in materials or workmanship, Perk Systems reserves the right to charge customer for parts and labor at Perk System’s then current labor rate. If a product is found to be non-defective by Perk Systems a 20% stocking fee will be applied before return. On New factory sealed equipment a 45% restocking fee applies if the equipment has been opened or tampered with. Perk Systems will advise customer prior to assessing these charges or other charges associated with return of products. Customer must call Perk Systems Customer Service at 877-761-7375 for return procedures. Any claim must be made within 30 Calendar Days from the original date of shipment by Perk Systems and Perk Systems shall have no liability thereafter. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature or improper installation or repairs made by anyone other than Perk Systems or a Perk Systems-authorized third-party service provider. Perk Systems, at its option, will repair, replace, or provide a credit or refund of either the original purchase price or fair market value, whichever is lower, for any AM Part covered by the foregoing warranty that is determined by Perk Systems to be defective. Perk Systems reserves the right to substitute functionally equivalent new or serviceable used parts.
5. Limitations.
THE PRODUCTS ARE NOT AUTHORIZED FOR USE AS CRITICAL COMPONENTS IN LIFE SUPPORT DEVICES OR SYSTEMS. EXCEPT AS SET FORTH HEREIN, PERK SYSTEMS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND PERK SYSTEMS DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO MODELS OR SAMPLES, OR ANY WARRANTIES OR INDEMNITIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL PERK SYSTEMS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ALL DISPUTES ARISING OUT OF OR RELATED TO THE LIMITED WARRANTIES SET FORTH HEREIN (CUSTOMER DISPUTES) SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS. CLAIMS AGAINST PERK SYSTEMS FOR SHORTAGES SHALL BE DEEMED WAIVED IF NOT MADE WITHIN THREE (3) BUSINESS DAYS AFTER RECEIPT OF THE SHIPMENT.
6. Returns and Cancellations
Any equipment returned for credit must be the exact model and serial numbers identified on an approved company return for credit (RFC) authorization form. The equipment returned must be in the same condition and completeness as originally sold (i.e. factory sealed, cables, manuals, boxes, packing, adapters etc.). Return for credit items must be standard stock items and must be returned within 30-days of the original purchase date. We cannot accept back for credit any special order or non-stock items unless our vendor will take them back. All returns for credit must include an RFC number and will be assessed, at a minimum, a 30% restocking fee, unless returned within 30-days of the original purchase date and offset in advance by a larger or equal offsetting order. Any equipment returned incomplete or in non-original condition may be rejected by Perk Systems or subject to additional return charges as Perk Systems determines appropriate. The customer will be responsible for all originally invoiced charges on rejected items. Any rejected items will be returned freight collect and if refused will be discarded. Any return charges will be invoiced and will be due within 15 days.
7. Return procedures. Please contact the place of purchase for return procedures. If customer purchased product(s) directly from Perk Systems, then customer shall return the product(s) to Perk Systems pursuant to the following terms. Customer must obtain a Return Material Authorization (RMA) number by calling customer service at 1-866-211-7375. Returned products should be shipped to the following address:
PERK SYSTEMS
ATTN: RMA Dept - RMA# _______
811 E. PLANO PKWY, SUITE 105
PLANO, TEXAS 75074
Customer shall return the products to Perk Systems in the original packaging and enveloped in the original antistatic bags. Perk Systems will not be responsible for damaged parts if customer does not follow this process. Please retain shipping information, including tracking numbers, until your account has been credited by Perk Systems or replacement product is received. If Perk Systems determines that failure of the product(s) was not a result of a defect in materials or workmanship, Perk Systems reserves the right to charge customer for parts and labor at Perk System’s then current labor rate or charge customer a 30% restocking fee. Perk Systems will advise customer prior to assessing these charges.
8. Assignment.
Customer may not assign its rights or obligations hereunder without the express prior written consent of Perk Systems.
9. Entire agreement.
These terms and conditions, including those on the face hereof, constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of customer's documents or purchase orders. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.
10. Governing law, jurisdiction and costs.
This agreement is governed by the laws of the State of TEXAS, without regard to its conflict or choice of law provisions. Customer acknowledges and agrees that TEXAS is an appropriate place for venue of any litigation and that TEXAS courts have jurisdiction over this agreement and customer. In the event the customer and Perk Systems are unable to resolve any customer dispute, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorneys' fees incurred.
11. Terms and Conditions.
This sale is subject to the terms and conditions stated herein, which are in lieu of and replace any and all terms and conditions set forth in any documents issued by customer, including, without limitation, purchase orders and specifications. In case of conflict between the terms and conditions stated here and those on the face hereof, those on the face hereof shall control. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY PERK SYSTEMS, AND ANY SUCH DOCUMENT SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON PERK SYSTEMS. CUSTOMER'S REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ANY OTHER REMEDIES AVAILABLE TO REPRESENTATIVE, WHETHER PROVIDED AT LAW, EQUITY OR OTHERWISE.