1.
DEFINITIONS. 'BUYER' shall mean the person or
entity described on the face hereof as the “Bill to”. "Goods" shall mean the
products described on the face here of as being sold to BUYER.
2.
ACCEPTANCE. Notwithstanding anything in BUYER's
form of Purchase Order or other order form to the contrary, BUYER's
acceptance of the Goods shall constitute an affirmation by BUYER that the
terms and conditions set forth herein govern the purchase and sale of the
Goods and that the terms in BUYER's order forms that are in addition to, in
conflict with or are different from the terms and conditions herein shall
have no effect on this transaction. The contract formed in accordance with
the foregoing shall be referred to as the "Order".
3.
PURCHASE PRICE. The BUYER agrees to pay the total
purchase price as specified on the front of this document. In addition, the
BUYER agrees to pay any sales or other taxes levied on or measured by such
purchase price, or arising from the use of the Goods and any parts or
maintenance supplied, including without any limitation, any additional
sales, use, gross receipts, privilege, excise, and personal property taxes
unless specified in writing on this document.
4.
PAYMENT TERMS. The total amount of this Invoice
shall be payable in full by Buyer within thirty (30) days after the date of
this Invoice., unless otherwise specified in writing in this document. All
amours past due are subject to a late charge of one and one-half percent (1
1/2%) per month or eighteen percent, (18%) per annum in addition to a $25
collection fee.
5.
INSPECTION. The BUYER shall inspect the Goods at
delivery and shall notify Design Masters Net Services or TampaTechs.com of
any defects or discrepancies within one (1) day of receipt of Goods.
6.
TITLE AND RISK OF LOSS. Title and Risk of loss or
damage to the Goods shall pass to the BUYER on the date of shipping
products(s) to the BUYER.
7.
LIMITED WARRANTY. Design Masters Net Services and
TampaTechs.com offer no warranty other than the express warranty offered by
the manufacturer for up to 90 days on new items only. In the event any Good
has a manufacturer's warranty beyond 90 days, it is the BUYER'S
responsibility to deal directly with the manufacturer for any repairs or
replacements that occur beyond the one year warranty period. During this one
year manufacturer's warranty period, Design Masters Net Services or
TampaTechs.com will repair or replace all Goods which prove to be defective
during the specified manufacturer's warranty. However, Design Masters Net
Services and TampaTechs.com will not warrant any Goods which have been
subjected to improper freight handling/shipping, abuse, neglect, or '
unauthorized repair or installation. The warranty also will not cover Goods
installed with non- Design Masters Net Services or non-TampaTechs.com
components, and parts with broken warranty seals or assembly trace. This
warranty policy does not extend beyond the original BUYER. Design Masters
Net Services and TampaTechs.com reserve the right to request the total cost
of the replacement of Goods or the Goods itself, if later to be found
physically damaged by the BUYER.
8.
DISCLAIMER OF WARRANTY. DESIGN MASTERS NET
SERVICES AND TAMPATECHS.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, ANY ' IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. BUYER'S SOLE AND EXCLUSIVE REMEDY FOR
DESIGN MASTERS NET SERVICES’ OR TAMPATECHS.COM’S LIABILITY OF ANY KIND
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND THE BREACH OF ANY AND ALL
WARRANTIES) SHALL BE LIMITED TO THE REPLACEMENT OF DEFECTIVE GOODS AT NO
CHARGE TO BUYER. IN NO EVENT SHALL DESIGN MASTERS NET SERVICES’ AND
TAMPATECHS.COM’S LIABILITY INCLUDE ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR
EXEMPLARY LOSSES OR DAMAGES, EVEN IF DESIGN MASTERS NET SERVICES AND
TAMPATECHS.COM SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL
LOSS OR DAMAGE.
9.
USED GOODS. All used products are sold AS-IS
unless otherwise stated on invoice in which case Design Masters Net Services
and TampaTechs.com will not warrant any Goods which have been subjected to
improper freight handling/shipping, abuse, neglect, or ' unauthorized repair
or installation. The warranty also will not cover Goods installed with non-
Design Masters Net Services or non-TampaTechs.com components, and parts with
broken warranty seals or assembly trace. This warranty policy does not
extend beyond the original BUYER. Design Masters Net Services and
TampaTechs.com reserve the right to request the total cost of the
replacement of Goods or the Goods itself, if later to be found physically
damaged by the BUYER.
10. REFURBISHED PRODUCTS. All refurbished products
are sold with a limited 30 day warranty for exchange or refund only and will
be determined by availability of replacement for defective product. Design Masters Net Services and TampaTechs.com may take up to 35
days to replace item or issue this credit. However, Design Masters Net
Services and TampaTechs.com will not warrant any Goods which have been
subjected to improper freight handling/shipping, abuse, neglect, or '
unauthorized repair or installation. The warranty also will not cover Goods
installed with non- Design Masters Net Services or non-TampaTechs.com
components, and parts with broken warranty seals or assembly trace. This
warranty policy does not extend beyond the original BUYER. Design Masters
Net Services and TampaTechs.com reserve the right to request the total cost
of the replacement of Goods or the Goods itself, if later to be found
physically damaged by the BUYER.
11. ALTERATIONS, MODIFICATIONS AND ATTACHMENTS.
Any alterations, modifications, additions, improvements, installation; or
attachments on the Goods not authorized in writing by Design Masters Net
Services or TampaTechs.com shall solely be at the BUYER'S own expense and
risk, If operation of the Goods is affected In any way by such Unauthorized
alterations, ,modifications, additions, improvements, attachments, or
installation, the warranty shall be deemed waived by the BUYER, and neither
Design Masters Net Services nor TampaTechs.com shall have no furl obligation
to the BUYER.
12. RETURN OF GOODS DAMAGED ON ARRIVAL, (DOA).
Design Masters Net Services and TampaTechs.com will not accept any returned
Goods or DOA Goods during the manufacturer's warranty period unless, BUYER
follows Design Masters Net Services and TampaTechs.com Return Merchandise
Procedure and Policy. All shipments returned to the BUYER will be by UPS
Ground, USPS, or Fed-ex. The BUYER is responsible for the difference of the
freight charges if the shipping instructions require an express delivery.
The charge will be Cash on Delivery (C.O.D.).
13. FORCE MAJEURE. Design Masters Net Services and
TampaTechs.com shall not be held responsible for any failure of performance
to make timely delivery of all or any part of the Goods in the .event such
failure was due, in whole or in part, to federal, state 'or municipal
action, statute, ordinance or regulation, strike or other labor trouble,
fire or other damage to or destruction of, in whole or in part, the Goods or
the manufacturing facility for the Goods, the lack of or inability to obtain
raw materials, labor, fuel, electrical power, water or supplies, or any
other cause, act of God, contingency or circumstances within the United
States not subject to the control of Design Masters Net Services and
TampaTechs.com which cause or hinders the manufacture or delivery of Goods.
14. CANCELLATION. An Order may not be canceled, in
whole or in part, by BUYER without neither Design Masters Net Services nor
TampaTechs.com prior written consent and only upon terms and conditions that
will indemnify, hold harmless and compensate neither Design Masters Net
Services nor TampaTechs.com against loss including, but not limited- to, the
loss of profits as a result of such cancellation.
15. ATTORNEYS' FEES. If any suit or action to
enforce or to interpret any of the terms, conditions or covenants herein, or
to recover damages as a result of a breach of any provision of this Order,
the prevailing party shall be entitled to recover from the party not
prevailing the costs and expenses, including reasonable attorneys' fees
incurred by the prevailing party in prosecuting or defending such action and
any appeals taken there from.
16. GOVERNING LAW VENUE. This Invoice and the
rights and obligations of BUYER and Design Masters Net Services or
TampaTechs.com shall be governed by and construed in accordance with the
laws of the State of Florida, excluding its choice of law provisions. All
disputes arising under or related to this Invoice which are not settled by
agreement of the parties shall be litigated in the State or Federal Courts
in the State of Florida, County of Hillsborough.
17. SEVERABILITY. If at any time any one or more
of the provisions of this invoice becomes or is held by a court to be
invalid, illegal or unenforceable in any respect, the validity and
enforceability of the remaining provisions of this Invoice shag not in any
way be affected or impaired thereby.
18. ENTIRE AGREEMENT. This Invoice sets forth the
entire agreement between BUYER and Design Masters Net Services and
TampaTechs.com and exclusively determines the rights and obligations of
BUYER and Design Masters Net Services and TampaTechs.com, not withstanding
any, prior course of dealing, custom or usage of trade or course of
performance or any additional or different terms proposed by BUYER at any
time.
