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Appendix F - Terms and Conditions 37
Appendix F - Terms and Conditions
Compatible Systems Corporation (Compatible Systems) offers to sell only on the condition
that Customer’s acceptance is expressly limited to Compatible Systems’ terms and conditions
of sale. Compatible Systems’ acceptance of any order from Customer is expressly made
conditional on assent to these terms and conditions of sale unless otherwise specifically agreed
to in writing by Compatible Systems. In the absence of such an agreement, commencement of
performance or delivery shall be for Customer’s convenience only and shall not be construed
as an acceptance of Compatible Systems’ terms and conditions. If a contract is not earlier
formed by mutual agreement in writing, Customer’s acceptance of any goods or services shall
be deemed acceptance of the terms and conditions stated herein.
1. Warranty. Compatible Systems warrants to the Customer and to all persons who purchase
Products from the Customer during the Warranty terms (“subsequent purchasers”), that, for an
unlimited period from the date (the “shipping date”) on which Compatible Systems ships the
Products to the Customer: (a) the Product meets, in all material respects, all specifications
published by Compatible Systems for such Products as of the shipping date; (b) the Products
are free from all material defects in materials and workmanship under normal use and service;
and (c) that as a result of the purchase of the Products from Compatible Systems, the Customer
will have good title to the Products, free and clear of all liens and encumbrances.
Compatible Systems’ obligations pursuant to this Warranty, and the sole remedies of the
Customer and of any subsequent purchaser, shall be limited to the repair or replacement, in
Compatible Systems’ sole discretion, of any of the Products that do not conform to this
Warranty.
This Warranty shall be invalidated if the Products (a) have not been installed, handled, or used
in accordance with Compatible Systems’ recommended procedures; (b) have been damaged
through the negligence or abuse of the Customer or of any subsequent purchasers; (c) are
damaged by causes external to the Products, including (without limitation) shipping damage,
power or air conditioning failure, or accident or catastrophe of any nature; and (d) have been
subjected to repairs or attempted repairs by any person other than Compatible Systems (or an
authorized Compatible Systems service technician).
To obtain service under this Warranty, the Customer (or subsequent purchaser, if applicable)
must follow the procedures outlined below, under “Product Return Policy.”
THE WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS ARE IN LIEU
OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. WITHOUT LIMITATION
ON THE GENERALITY OF THE FOREGOING SENTENCE, COMPATIBLE SYSTEMS
EXPRESSLY DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES OF
MERCHANTIBILITY AND OF FITNESS (GENERALLY OR FOR A PARTICULAR
PURPOSE).
2. Shipments. All delivery indications are estimated and are dependent in part upon prompt
receipt of all necessary information to service an order. Compatible Systems shall not be liable
for any premium transportation or other costs or losses incurred by Customer as a result of
Compatible Systems’ inability to deliver Product in accordance with Customer’s requested
delivery dates. All shipments by Compatible Systems are made F.O.B. factory (Boulder,
Colorado); risk of loss shall pass to Customer at point of shipment. Unless specified by the
Customer, Compatible Systems will select the mode of transportation for each order.
Compatible Systems reserves the right to make deliveries in installments. Partial shipments are
subject to the terms of payment noted below. Compatible Systems reserves the right to allocate
inventory and production if such allocation becomes necessary.