THE SALE OF PRODUCTS AND SERVICES ("PRODUCTS") BY DIGISTOR, A DIVISION OF SUNLAND INTERNATIONAL, LLC ARE SUBJECT TO THE TERMS AND CONDITIONS HEREIN, REGARDLESS OF OTHER OR ADDITIONAL TERMS OR CONDITITIONS THAT CONFLICT OR CONTRADICT THIS AGREEMENT IN ANY PURCHASE ORDER, DOCUMENT OR OTHER COMMUNICATION. PREPRINTED TERMS AND CONDITIONS ON ANY CUSTOMER DOCUMENT OR DIGISTOR’S FAILURE TO OBJECT TO CONFLICTING OR ADDITIONAL TERMS WILL NOT CHANGE OR ADD TO THE TERMS OF THIS AGREEMENT.
All purchase orders shall be issued by an officer, principal or authorized agent of the buyer. By placing each order, the buyer confirms its agreement and acceptance of all terms and conditions listed herein. All orders are subject to acceptance by DIGISTOR and DIGISTOR reserves the right to allocate the sale of products among its customers.
Prices quoted are valid for 30 days or as otherwise stated in its quote. DIGISTOR may increase prices as a result of an increase in DIGISTOR’s costs or other circumstances beyond DIGISTOR’s reasonable control All prices are F.O.B. DIGISTOR’s shipping point unless otherwise agreed in writing. Prices are for products only and do not include taxes, impositions and any other charges, fees, shipping charges or duties imposed by any government authority.
Unless otherwise agreed, payment is due in full prior to shipment. Should DIGISTOR elect, in its sole discretion, to extend net credit terms to buyer, monies owing on all orders are due and payable in accordance with the terms of the applicable invoice. A $30 fee will be added to all account balances for each returned check. A late charge of 1.5% per month will be added to any amount not paid within the terms of the invoice.
Unless otherwise agreed in writing, all orders shall be F.O.B DIGISTOR’s shipping point. All transportation, insurance, handling and freight charges shall be borne by buyer. Buyer shall have the right to appoint a carrier of their choice. Should buyer elect not to appoint a carrier, buyer hereby authorizes DIGISTOR to appoint a carrier to act as buyers’ agent to accept title and possession of merchandise on behalf of the buyer at DIGISTOR’s shipping point. Risk of loss for all shipments passes to buyer upon DIGISTOR’s placement of product with a common carrier or delivery service. Claims for missing or damaged shipments are the sole responsibility of the customer and must be reported and receipted, according to the facts, to the carrier at the time of receipt. If hidden damage is found upon opening, the customer shall be responsible for reporting same to the carrier and retaining packaging for carrier’s inspection. Any claim for missing or damaged products must be made within 7 days of delivery.
Delivery & Cancellations:
DIGISTOR’s delivery dates are estimates only and DIGISTOR is not liable for delays in delivery. DIGISTOR reserves the right to make partial shipments and customers will accept and pay for the products delivered. A delayed delivery of any part of an order does not entitle customer to cancel other deliveries. Customers shall not be able to cancel, reduce, reconfigure or reschedule orders without DIGISTOR’s consent, which shall not be unreasonably withheld. Orders for special-order or custom parts, value-added services and products identified by DIGISTOR as non-standard may not be canceled or returned (NCNR).
Customer must notify DIGISTOR in writing of any damage, shortage, or other discrepancy within 7 days of delivery. After the 7th day, customer is deemed to have accepted the Products and may not revoke acceptance. Returns will not be accepted without an RMA number.
DIGISTOR warrants that its products shall be free of defects and manufacturing workmanship, under normal use, for the applicable warranty period. . DIGISTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMLPIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PRUPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR RESPECTING NON-INFRINGEMENT. If products do not meet manufacturer’s specifications, DIGISTOR has the option to repair the products, replace the products, or credit customers purchase price. For third-party, OEM or Non-DIGISTOR products, DIGISTOR will transfer to Customer any product warranties and indemnities authorized by the manufacturer, and warrants the products will conform to the manufacturer’s specifications DIGISTOR’s complete warranty terms can be found at www.digistor.com/warranty
Limitation of Liability:
DIGISTOR IS NOT LIABLE FOR AND CUSTOMER IS NOT ENTITLED TO ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQEUNTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, PROCUREMENT COSTS, OR BUSINESS INTERRUPTION COSTS. CUSTOMERS RECOVERY FROM DIGISTOR FOR ANY DIRECT DAMAGES WILL NOT EXCEED THE PRICE OF THE PRODUCT AT ISSUE.
Forces Beyond Control:
DIGISTOR is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond its reasonable control, (for example: acts of God, acts or omissions of the Customer, man-made or natural disasters, epidemic or medical crises, materials shortages, strikes, acts of terrorism, delays in transportation, or inability to obtain labor or materials through its regular sources).
Unless agreed in writing prior to sale, all products sold by DIGISTOR (including VaultDisk products, special order items, OEM products and bare drives) are non-returnable except under normal warranty.
Any defective product purchased from DIGISTOR may be returned within the applicable warranty period for repair or replacement. In some cases where a repair or replacement is not possible, a credit may be issued. Any products purchased from an authorized DIGISTOR reseller or distributor should be returned to the original place of purchase for warranty service. DIGISTOR will make all reasonable attempts to prioritize DOA returns, however we are unable to offer advance replacement.
DIGISTOR’s complete return policy and return request form can be found at www.digistor.com/returns
Use of Products:
Products are not authorized for use in critical safety or other applications where a failure may reasonably be expected to result in personal injury, loss of life, or catastrophic property damage. If customer uses or sells the Products for use in any such applications, Customer acknowledges that such use or sale is at Customer’s sole risk. Customer will indemnify, defend and hold DIGISTOR and the Product manufacturer harmless from and against any and all liabilities and costs arising out of or in connection with such use or sale.
These terms and conditions shall be governed and construed in accordance with the laws of the State of California excluding its choice of law provisions.