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Appendix 89
10
Appendix
U.S. Terms and Conditions of Sale
These terms and conditions ("Agreement") apply to your purchase of computer systems and/or related products and/or
services and support sold in the United States ("Product") by the Dell entity named on the invoice or acknowledgement
("Dell") provided to you. By accepting delivery of the Product, you accept and are bound to the terms and conditions of
this Agreement. If you do not wish to be bound by this Agreement, you must notify Dell immediately and return your
purchase pursuant to Dell's Total Satisfaction Return Policy.
(See: http://support.dell.com/ContactUs/ByPhone.aspx?c=us&l=en&s=gen for our contact information.) If returned,
Product(s) must remain in the boxes in which they were shipped. THIS AGREEMENT SHALL APPLY UNLESS (I)
YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH DELL, IN WHICH CASE THE SEPARATE
AGREEMENT SHALL GOVERN; OR (II) OTHER DELL TERMS AND CONDITIONS APPLY TO THE
TRANSACTION.
1
Other Documents.
This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless
otherwise agreed to in a written agreement signed by both you and Dell. If you do not receive an invoice or
acknowledgement in the mail, via e-mail, or with your Product, information about your purchase may be obtained at
http://support.dell.com/dellcare/Invoice.aspx
or by contacting your sales representative.
2
Payment Terms; Orders; Quotes; Interest.
Payment terms are within Dell's sole discretion, and, unless otherwise agreed to by Dell, payment must be made at
the time of purchase. Payment for Product may be made by credit card, wire transfer, or some other prearranged
payment method. Dell may invoice parts of an order separately. Your order is subject to cancellation by Dell, at Dell's
sole discretion. Unless you and Dell have agreed to a different discount, Dell's standard pricing policy for
Dell™-branded systems, which include both hardware and services in one discounted price, allocates the discount off
list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off
list price on the entire system. Dell is not responsible for pricing, typographical, or other errors, in any offer by Dell
and reserves the right to cancel any orders resulting from such errors.
3
Shipping Charges; Taxes; Title; Risk of Loss.
Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that
occurs during shipping by a carrier selected by Dell is Dell's responsibility. Loss or damage that occurs during
shipping by a carrier selected by you is your responsibility. You must notify Dell within 30 days of the date of your
invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you
provide Dell with a valid and correct tax exemption certificate applicable to your purchase of Product and the
Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are
estimates only. Title to software will remain with the applicable licensor(s).
4
Warranties.
THE LIMITED WARRANTIES APPLICABLE TO DELL-BRANDED HARDWARE PRODUCT CAN BE FOUND
AT
http://
www.dell.com/policy/legal/warranty.htm
OR IN THE DOCUMENTATION DELL PROVIDES WITH
THE PRODUCT. DELL MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON-DELL BRANDED
PRODUCT. SUCH PRODUCT IS PROVIDED BY DELL "
AS IS.
" WARRANTY AND SERVICE FOR NON-DELL