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All hardware shipped by BOXX Technologies is verified as complete and fully functional prior to shipment. The receiving customer has 5 business days from receipt of hardware to report any shipment discrepancies or damage. BOXX Technologies will not be responsible for any discrepancies or shipping damage reported after this timeframe.
1. OFFER
THE BOXX INVOICE AND AGREEMENT CONSTITUTE AN OFFER OR COUNTER-OFFER BY THE SELLER TO THE BUYER. IF YOU DO NOT ACCEPT THIS OFFER, YOU MUST RETURN ANY GOODS DESCRIBED ON THE BOXX INVOICE TO SELLER WITHIN FIVE (5) DAYS FOLLOWING DELIVERY.
2. PRICES AND TAXES
Prices are exclusive of all federal, state, local, or other government taxes, fees, or charges now in force or enacted in the future. Any such tax, fee or charge imposed by any governmental authority on, or measured by, the transaction between Seller and Buyer will be paid by Buyer in addition to the per item price on the invoice. In the event that Seller is required to pay any such tax, fee, or charge at the time of sale or thereafter, Buyer will reimburse Seller therefore. All pricing and shipping information are subject to change without notice. BOXX Technologies is not responsible for typographical errors or omissions. All typographical errors are subject to correction.
3. DELIVERY AND PASSAGE OF TITLE
Delivery will be made F.O.B. Seller's plant, Austin, Texas. The time of delivery is the time the goods to be delivered are picked up by the carrier. Title to the goods shall pass to Buyer upon delivery of the goods by Seller to carrier. Upon delivery, Buyer will be responsible for and bear the entire risk of loss or damage to the goods.
4. SHIPMENT
Any stated ship date is an approximation only. In the absence of specific shipping instructions, Seller will ship by the carrier of its choice. Buyer agrees to pay all transportation charges, whether billed by the carrier or Seller. Unless otherwise specified, the goods will be shipped in standard commercial packaging. When special or export packaging is requested or, in the opinion of Seller, required under the circumstances, the cost of the same, if not set forth on the invoice, will be separately invoiced. It is Buyer’s sole responsibility to obtain any insurance to cover damage to or loss of the goods during transportation.
5. SECURITY INTEREST
Seller reserves a purchase money security interest in goods sold and the proceeds thereof, in the amount of the purchase price. In the event of default by Buyer in any of its obligations to Seller, Seller will have the right to repossess the goods sold hereunder without liability to Buyer. This security interest will be satisfied by payment in full. A copy of the invoice may be filed with appropriate authorities at any time as a financing statement and/or chattel mortgage. On request of Seller, Buyer will execute financing statements and other instruments that Seller may request if needed to perfect Seller's security interest.
6. PAYMENT TERMS
Payment terms are net thirty (30) days unless otherwise stated on the invoice. An invoice not paid within terms is considered past due, and such invoices will be subject to a daily charge, compounded monthly, at the rate of either two percent (2%) per month or the highest legal interest rate, whichever is lower.
7. INTELLECTUAL PROPERTY
Buyer is hereby granted a license to use the product sold. Seller hereby retains for itself all other rights, title, and interest in and to all intellectual property in the products sold, including without limitation, worldwide copyright, trade secret, patent, trademark, and any other proprietary rights.
8. LIMITED WARRANTY
(a) Seller warrants that the goods sold will be free from defects in material and workmanship and perform to Seller's applicable published specifications per the applicable product warranty published separately. The liability of Seller hereunder shall be limited to replacing or repairing, at its option, any defective units, which are returned F.O.B. Seller's plant, Austin, Texas. If Seller determines that repair or replacement is not possible, Seller shall refund the purchase price of such units. In no case are goods to be returned without first obtaining permission and a return merchandise authorization (RMA) from Seller.
(b) Any goods sold which are returned to BOXX within 30 days from date of sale are subject to a 15% restocking fee.
(c) Goods or parts which have been subject to abuse, misuse, accident, alteration, neglect, or unauthorized repair are not covered by the aforementioned warranty. Seller will make the final determination as to the existence and cause of any alleged defect.
(d) EXCEPT AS EXPRESSLY PROVIDED ABOVE, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
9. LIMITATION OF LIABILITY
SELLER'S ENTIRE LIABILITY ARISING OUT OF THIS AGREEMENT AND/OR SALE SHALL BE LIMITED TO THE PURCHASE PRICE PAID TO SELLER. IN NO EVENT WILL SELLER BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY BUYER, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, OR LOSS OF PROFIT, WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
10. MISCELLANEOUS
(a) This contract will be governed by the State of Texas, without regard to principles of conflict of laws. The state or federal courts sitting in Travis County, Texas shall have exclusive jurisdiction and venue over any dispute arising out of this agreement and sale, and Buyer hereby consents to the jurisdiction of such courts. (b) The terms and conditions set forth herein constitute the entire agreement between Seller and Buyer regarding this subject matter, and may be modified only in a writing signed by both parties.
(c) This contract may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the contract by its express terms.
(d) The invalidity or unenforceability of any provision of this agreement shall not affect the validity of this agreement as a whole and any such provision should be enforced by authorities, and reconstructed if need be, to apply to the maximal extent allowable under applicable law.
(e) Buyer hereby acknowledges that he has not entered into this agreement in reliance upon any warranty or representation by any person or entity except for the warranties or representations specifically set forth herein.
(f) The failure by either Party to enforce at any time any of the provisions of this contract, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be
(g) Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this agreement.