Terms & Conditions
AMZETTA SALES TERMS AND CONDITIONS
By purchasing and accepting delivery of Hardware and/or Software Products supplied by AmZetta Technologies you, as Customer, agree to be bound by these terms and conditions (the “Terms and Conditions”). Terms or conditions contained in any order form or other document submitted by you which are inconsistent with, or in addition to, these Terms and Conditions are rejected, objected to, and shall be deemed void and of no force or effect.
Invoices will be sent electronically to the accounts payable contact provided on the Customer’s credit application. If Customer requires an original copy to be sent via mail, Customer shall inform AmZetta accounting at [email protected]. AmZetta shall not be responsible for the payment of any use tax, sales tax, excise tax, duty, custom, inspection or testing fee, or any other tax, fee or charge of any nature whatsoever imposed by any governmental authority, on or measured by the transaction between, with the sole exception of any sales taxes invoiced and collected from Customer by AmZetta.
Any claim for damage, shortage or shipment error shall be communicated by Customer to AmZetta within 5 days of receipt of merchandise. Such claims and returned Products under such claims must reference Amzetta’s Invoice number.
Customer is to pay $45 for each returned check. Monthly interest accrues at a rate of 1.5% for past due accounts.
Customer agrees to pay reasonable attorney’s fees, court costs, collection fees, and credit insurance deductibles, and/or co-pays in the event it is necessary to file an action to force collection or file a credit insurance claim of the Customer obligation herein set forth.
The following limited warranties are applicable to new Products only, and shall not apply to Products sold in used, refurbished, reconditioned, or “as is” condition, which do not carry any warranty.
These Limited Warranties are extended by AmZetta only to the original Customer, the purchaser/licensee of the AmZetta Product (the “Product”) and is not assignable to any other entity or organization.
Limited Hardware Warranty
AmZetta provides a thirty (30) day limited warranty on all Hardware Products, unless otherwise documented in a legal contract with the Customer or warranty card accompanying the Hardware Product. AmZetta warrants that the Product will be free from defects in materials and workmanship, under normal use and service and will perform substantially in accordance with the description of the Product in the AmZetta User’s Guide for this Hardware Product. Warranty is void if serial number labels on the Product are tampered with.
Limited Software Warranty
AmZetta provides a thirty (30) day limited warranty on all Software Product, unless otherwise documented in a legal contract with the Customer or warranty card accompanying the Software Product. AmZetta warrants that the Software Product will be free from defects in materials and workmanship, under normal use and service and will perform substantially in accordance with the description of the Product in the written documentation prepared by AmZetta for this Software Product.
The sole and exclusive remedy for failure of the Hardware and/or Software Product to conform to this Limited Warranty shall be for AmZetta, at its option (a) return of the price paid by the Customer for the Product, or (b) repair the Product, to whatever extent Amzetta deems necessary to restore the Product to proper operating condition (c) replace the Product with a refurbished or functionally equivalent Product of equal value.
Limited warranty is void if failure of the Hardware and/or Software Product resulted from accident, abuse, negligence, misapplication, or failure to use the Hardware and/or Software Product in accordance with the provided AmZetta documentation. Any replacement Product shall be warranted to the original Customer for the remainder of the original warranty period, or thirty (30) days, whichever is longer. This limited warranty provides Customer specific legal rights. Customer may have others which vary from state to state. Some states allow limitations of duration of an implied warranty, so the above limitations may not apply.
IN NO EVENT SHALL AMZETTA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGE FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, OR OTHER PECUNIARY LOSS WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF AMZETTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL AND INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER. OTHER THAN AS SPECIFIED IN THESE LIMITED WARRANTIES ABOVE, THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE.
Customer is solely responsible for any failure of the Hardware and/or Software Product which results from accident, abuse, misapplication or alteration of the Product, and AmZetta assumes no liability as a consequence of such events under the terms of these Limited Warranties. While AmZetta has made every effort to provide clear and accurate technical information about the application of the Product, AmZetta assumes no liability for any events arising out of the use of this technical information.
Any claim, dispute, or controversy of whatever nature arising out of, connected to, or relating to this Terms and Conditions (“Dispute”) shall be resolved through the process set forth in this Section.
The Parties shall engage in final and binding arbitration before an Arbitrator who shall be a licensed attorney with a minimum of ten (10) years’ experience as a commercial litigator or a state or federal court judge, (“Arbitrator”) selected and administered by the American Arbitration Association (the “Administrator”) in accordance with its then existing Commercial Arbitration Rules. The arbitration hearing shall be held in Atlanta, Georgia. The Arbitrator shall, within sixty (60) calendar days of the conclusion of the arbitration hearing, issue a written reasoned award based upon findings of fact and conclusions of law which shall include an express calculation of any damages awarded. Each Party shall bear its own attorney’s fees, costs, and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the Administrator and the Arbitrator provided, however, the Arbitrator shall be authorized to determine whether a Party has asserted a claim or defense in bad faith and, if so, may award to the other Party, if it prevails, its reasonable attorney’s fees, costs and disbursements (including, for example, expert witness fees and expenses, photocopy charges, travel expenses, etc.), and/or the fees and costs of the Administrator and the Arbitrators. The Arbitrators will not have the power to award punitive damages. By agreeing to this arbitration provision, the Parties understand that they are waiving certain rights and protections which may otherwise be available if a Dispute was determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this Section, the right to a jury trial, certain rights of appeal, and a right to invoke formal rules of procedure and evidence
For additional information or questions regarding our policies and procedures please visit us at https://amzetta.com/policies/