Vnetek Terms and Conditions of Sale
This Agreement contains the terms and conditions that apply to your purchase from Vnetek Communications, LLC entity named on the invoice ("Vnetek") that will be provided to you ("Customer") on orders for equipment, related products and/or services and support. By accepting delivery of the equipment, related products and/or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH VNETEK IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN. These terms and conditions are subject to change without prior written notice at any time, in Vnetek's sole discretion.
1. Payment Terms. All sales prices are Ex Works Seller’s shipping point “Londonderry New Hampshire”. The full purchase price will be invoiced upon delivery of equipment to a common carrier. Payment for the products, services and support will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to in advance by Vnetek. Invoices are due and payable within the time period noted on the reverse side of this invoice, measured from the date of the invoice. Vnetek may invoice parts of an order separately. Orders are not binding upon Vnetek until accepted by Vnetek. Any quotations given by Vnetek will be valid for the period stated on the quotation. Interest may be charged on all past-due sums at the lower of eighteen percent (18%) per annum or the maximum rate allowed by law.
2. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on Vnetek’s invoice(s), unless Customer provides Vnetek with a valid common carrier bill to number, authorizing Vnetek to charge shipping costs directly to the customers freight account. The Customer is responsible for sales taxes, duty, import taxes and all other taxes associated with this purchase.
3. Title; Risk of Loss, Insurance. Title and Risk of Loss passes from Vnetek to Customer on shipment from Vnetek’s facility. Vnetek does not insure product shipments, unless requested by the Customer, and then the insurance cost is the Customers responsibility. The commodities, technology, or software were exported from the United States in accordance with the Export Administration Regulations. Diversion contrary to U.S. law is prohibited.
4. Warranties. All products sold by Vnetek include the following warranties.
New Products
30 Days Advance Replacement when available
90 Days Repair and Return
3 Years Repair and Return on DECserver products
Orbit Products
30 Days Advance Replacement when available
1 Year Repair and Return*
*Does not apply to Reseller
5. Return Policies. Vnetek’s Customer may return product purchased from Vnetek based on the following restocking fee schedule:
# Days from Invoice Date
Unopened Original Packaging
Restocking % Fee Opened Original Package
Restocking % Fee
0-15 0% 10%
16-30 10% 15%
31-60 25% 30%
61-90 50% 50%
90-120 75% 75%
121- + 100% 100%
Unless covered by a Vnetek warranty, you are responsible for all freight charges incurred when returning product(s) to Vnetek.
6. Licensing. Seller is not responsible and does not imply any warranty for the software installed or re-licensing on the items. Buyer is responsible for software licensing. Seller is not liable in any way from its usage by the buyer and or a 3rd party sold to by the buyer.
7. Exchanges. From time to time, Vnetek may, at its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with Vnetek's exchange policies in effect on the date of the exchange.
8. Receipt of Goods. The Customer has 10 days from receipt of goods to review product to insure it complies with product as ordered.
9. Non-U.S. Sales. Sales of Vnetek products must comply with all applicable laws and regulations, including but not limited to U.S. Commerce Department Regulations and State Department restrictions. Products sold internationally may be exported from the United States only in accordance with Export Administration Regulations. Diversion contrary to United States law is prohibited and Customer agrees to waive any claims against Vnetek for damages or costs and to further indemnify and defend Vnetek for any damages, claims or costs related in any way to Customer's improper diversion.
10. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NEW HAMPSHIRE.
11. Limitation of Liability. VNETEK DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT VNETEK WILL NOT 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 EXCEPT AS EXPRESSLY PROVIDED HEREIN. THIS LIMITATION OF LIABILITY APPLIES BOTH TO PRODUCTS AND SERVICES AND SUPPORT CUSTOMER PURCHASES UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, VNETEK IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF SERVICES NOT BUNDLED WITH PRODUCTS UNDER THIS AGREEMENT, VNETEK IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF SERVICES UNDER THIS AGREEMENT.
LEGAL NOTICES
Errors and Omissions
Vnetek uses reasonable efforts to include accurate and up-to-date information on this Web site, including descriptions, prices and inventory. However, errors or omissions may occur and Vnetek does not guarantee the accuracy of any such published information. Customer agrees to waive any claims or damages against Vnetek and to further hold Vnetek harmless from same arising in any manner from any published information, inaccurate or otherwise. If an error is made and a product is listed incorrectly, or at an incorrect price, or is unavailable, Vnetek reserves the right to decline the acceptance of, or cancel, any orders placed based on the information in error at the time. If an order has been confirmed and charged to your credit card, your account will be adjusted accordingly.
Acceptance of Vnetek Terms and Conditions Of Sale
Placement of an order electronically on the Vnetek web site constitutes Customer agreement to the Vnetek Terms and Conditions of Sale.
Trademarks
Vnetek Communications, Inc., Vnetek, and the names of Vnetek products and services referenced herein are trademarks and/or service marks, or registered trademarks and/or service marks of Vnetek Communications, Inc. Other product and company names on this web site may be trademarks and/or service marks of their respective owners.
Links to Third-Party Sites
Any linked sites on the Vnetek web site are not under the direct control of Vnetek. Vnetek is not responsible for the contents of any linked site or any link contained in a linked site. Vnetek may provide links to the Customer only as a convenience, and the inclusion of any link does not imply endorsement by Vnetek of the site, or contents therein. Customer agrees to waive any claims for damages or costs, and to further hold Vnetek harmless and to defend from same, of any kind whatsoever, arising from in any manner whatsoever, said links or linked sites or content thereon.
Promotions
All Vnetek promotions are subject to availability and inventory, and any terms as specified. Vnetek reserves the right to change, alter, or cancel promotions at any time without notice.