Terms and Conditions
of Sale
This Agreement contains the terms and conditions that
apply to purchases by all customers from the entity named
on the invoice (“The Learning Community Group”;
“TLCG”) that will be provided to you ("Customer")
on orders for computer systems and/or related products
and/or services and support sold by The Learning Community
Group in the United States. By accepting delivery of the
computer systems, other products and/or services and support
described on that invoice, Customer agrees to be bound
by and accepts these terms and conditions.
THESE TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS
SIGNED A SEPARATE PURCHASE AGREEMENT WITH THE LEARNING
COMMUNITY GROUP, IN WHICH CASE THE SEPARATE AGREEMENT
SHALL GOVERN.
These terms and conditions are subject to change without
prior written notice at any time, at The Learning Community
Group’s sole discretion.
Other Documents.
Other than as specifically provided in any separate formal
purchase agreement between Customer and The Learning Community
Group, these terms and conditions may NOT be altered,
supplemented, or amended by the use of any other document(s).
Any attempt to alter, supplement or amend this document
or to enter an order for product(s) which is subject to
additional or altered terms and conditions will be null
and void, unless otherwise agreed to in a written agreement
signed by both Customer and The Learning Community Group.
Limitation of Liability.
THE LEARNING COMMUNITY GROUP DOES NOT ACCEPT LIABILITY
BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY
FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR
CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES
AND SUPPORT. THE LEARNING COMMUNITY GROUP WILL NOT BE
LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL,
SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY
ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER
AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE
OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, THE
LEARNING COMMUNITY GROUP IS NOT LIABLE OR RESPONSIBLE
FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT
PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES
UNDER THIS AGREEMENT.
Governing Law.
THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED
BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT
REGARD TO CONFLICTS OF LAWS RULES.
Payment Terms; Orders; Quotes; Interest.
Terms of payment are within The Learning Community
Group's sole discretion, and unless otherwise agreed to
by The Learning Community Group, payment must be received
by The Learning Community Group prior to The Learning
Community Group's acceptance of an order. Payment for
the products and services and support may be made by credit
card, wire transfer, or some other prearranged payment
method unless The Learning Community Group has agreed
to credit terms. Invoices are due and payable within the
time period noted on the reverse side of this invoice,
measured from the date of the invoice. The Learning Community
Group may invoice parts of an order separately. Orders
are not binding upon The Learning Community Group until
accepted by The Learning Community Group. Any quotations
given by The Learning Community Group will be valid for
the period stated on the quotation. Customer agrees to
pay interest on all past-due sums at the highest rate
allowed by law.
Shipping Charges; Taxes.
Separate charges for shipping and handling will be shown
on the invoice(s). Unless Customer provides The Learning
Community Group with a valid and correct tax exemption
certificate applicable to the product ship-to location
prior to The Learning Community Group's acceptance of
the order, the Customer is responsible for sales and all
other taxes associated with the order, except for The
Learning Community Group's franchise taxes and taxes on
The Learning Community Group's net income. If applicable,
a separate charge for taxes will be shown on the invoice.
Title; Risk of Loss.
Title to products passes from The Learning Community Group
to Customer on shipment from The Learning Community Group's
facility. Loss or damage that occurs during shipping by
a carrier selected by The Learning Community Group is
The Learning Community Group's responsibility. Loss or
damage that occurs during shipping by a carrier selected
by Customer is Customer's responsibility. Title to software
will remain with the applicable licensor(s). |
 |
Software.
All software is provided subject to the license agreement
that is part of the package. Customer agrees that it will
be bound by the license agreement once the package is
opened or its seal is broken.
The Learning Community Group does not warrant any software
under this Agreement. Warranties, if any, for the software
are contained in the license agreement that governs it
purchase and use.
Return Policies.
The Learning Community Group-branded hardware systems
and parts that are purchased directly from The Learning
Community Group by an end-user Customer may be returned
by Customer in accordance with The Learning Community
Group's Return Policy in effect on the date of the invoice.
Exchanges.
From time to time, The Learning Community Group may, in
its sole discretion, exchange products or portions of
a product. Any exchanges will be made in accordance with
The Learning Community Group's exchange policies in effect
on the date of the exchange.
Warranties.
THERE ARE NO WARRANTIES FOR SERVICES.
Products.
The Learning Community Group continually upgrades and
revises its products and service offerings to provide
The Learning Community Group’s customers with new
products and service offerings. The Learning Community
Group may revise and discontinue products at any time
without prior notice to customers. The Learning Community
Group will ship products that have the functionality and
performance of the products ordered, but changes between
what is shipped and what is described in a specification
sheet or catalog are possible. The parts and assemblies
used in building The Learning Community Group products
are selected from new and equivalent-to-new parts and
assemblies in accordance with industry practices. Spare
parts may be new or reconditioned.
The quoted The Learning Community Group SKU numbers for
The Learning Community Group-branded hardware products
are of the quantity specified by The Learning Community
Group and conform in all material respects with the The
Learning Community Group product specifications current
on the date such products were shipped.
Software Products.
Any warranty and technical support provided
on third-party products purchased through The Learning
Community Group are provided by the original manufacturer
and not by The Learning Community Group. These products
may be returned only in accordance with the return policy
in effect on the date of invoice. The warranties and technical
support may vary from product to product. The Learning
Community Group-branded products purchased through The
Learning Community Group carry the same warranty terms
as described in the Warranties section, above. For Customers,
all non-defective products purchased through The Learning
Community Group that are returned to The Learning Community
Group are subject to a fifteen percent (15%) restocking
fee.
Service and Support.
The Learning Community Group will provide general technical
support to Customer in the United States, in accordance
with the then-current technical support policies in effect.
Service offerings may vary from product to product. If
Customer purchased optional services and support, The
Learning Community Group and/or a third-party service
provider will provide the optional service and support
to Customer in the United States in accordance with the
then-current terms and conditions in the optional service
contract between The Learning Community Group and/or the
third-party service provider and Customer.
The Learning Community Group and/or the third-party service
provider may, at their discretion, revise their general
and optional service and support programs and the terms
and conditions that govern them. The optional services
and support programs and their terms and conditions in
place at the time or purchase will apply to Customer's
purchase. The Learning Community Group has no obligation
to provide service or support until The Learning Community
Group has received full payment for the product or service/support
contract for which service or support is requested.
Applicable Law;Not For Resale or Export.
Customer agrees to comply with all applicable laws and
regulations of the various states and of the United States.
Customer agrees and represents that it is buying for its
own internal use only, and not for resale or export.
|
