TERMS OF SALE
Sysconet Inc. herein referred to as Seller
1. Order Process: Purchase Orders must be faxed to 905-248-3295 for processing. Receipt of Purchase Order by Seller does not necessarily constitute acceptance of terms and conditions on Buyer’s Purchase Order. If Seller accepts Buyers Purchase Order, a Proforma Invoice number may be issued for Buyer to track shipment with. Upon shipping materials, Seller shall mail invoice to address shown on Buyer’s Purchase Order, unless otherwise advised by Buyer in writing. Buyer agrees applicant shall order Seller products and services pursuant to procedures established by Seller. All orders shall be subject to acceptance by Seller and shall be governed solely by the terms and conditions of Seller. No additional or different provisions contained in the buyer’s purchase orders, other business forms or correspondence shall be of any force whatsoever.
2. Returns: Buyer may return to Seller any goods that are damaged or defective by obtaining a Return material Authorization ("RMA") from Seller within 14 days of receipt of goods. Buyer must return to Seller the damaged or defective goods within the period set forth in the RMA. The RMA number must be listed on all packaging containing goods returned to Seller. If Buyer does not request from Seller an RMA within 14 days, or requests an RMA for goods that are not damaged or defective, Seller may, at its sole discretion, issue an RMA and may require that Buyer pay to Seller a reasonable restocking fee as a condition of issuing to Buyer the RMA
3. Delivery/Shipping: All prices quoted and goods shipped are F.O.B. Seller’s place of shipment. Title to and risk of loss of goods shall pass to Buyer when the goods are placed by seller in possession of a common carrier selected by Seller for shipment to Buyer. Unless expressly provided otherwise on the front of the Contract, Buyer shall pay all freight, handling, delivery, and insurance cost for the shipment of goods. Seller may refuse or delay any shipment if Buyer fails to satisfy or fulfill any contractual obligations to Seller, whether pursuant to the Contract or any other contract between Seller and Buyer. Seller may deliver all goods covered by the contract at one time or in portions, from time to time, within the time for delivery provided in the order.
4. Warranty: Seller warrants that it has title to goods and that the goods generally conform to the descriptions, if any, on the front page of the contract. The term manufacturer (Mfr) refers to the original manufacturer of the product when identified. The term condition (Cond) refers to the condition of the product. All product is new. THE FOREGOING WARRANTIES ARE SELLER’S EXCLUSIVE WARRANTIES, AND THE GOODS SOLD ARE SOLD "AS IS" AND "WITH ALL FAULTS". EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY SELLER, SELLER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE GOODS, INCLUDING, WITHOUT LIMITATION, THE DESIGN AND CONDITION OF THE GOODS, OR THEIR QUALITY, CAPACITY, SUITABILITY, CONSTRUCTION, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Buyer acknowledges that Seller is acting solely as a third party distributor of the goods covered by Seller’s Invoice and that the licensor or the manufacturer of the goods shall be solely responsible to Seller and third parties for all liability, claims, damages, obligation, and costs and expenses related to the goods distributed by the Seller. Buyer agrees to look solely to the manufacturer for compliance with the manufacturer’s warranty and for any maintenance, support, or repair of the goods. Seller assigns to Buyer any warranty delivered to Seller by a representation, covenant or warranty with respect to the extent or enforceability of the manufacturer’s warranty. No repair or replacement of goods by Seller or manufacturer shall extend the warranty period for the manufacturer. Seller neither assumes nor authorizes Buyer, or any other person, to assume behalf of Seller any other liabilities in connection with the use, sale, or resale of goods.
5. Net 30 Terms: Payment Terms are determined on an account basis, and may vary depending upon payment performance of the Buyer. Initial terms are noted on application approvals and are subject to change. Seller may, from time to time, offer discounts to Buyer for requests of payment before due date. First day of invoice is considered to be date that product ships from Sellers location. Buyer agrees upon non-payment of any indebtedness. When due, Seller may declare the entire balance of all indebtedness to be in default. Upon notice to the buyer, the entire balance of all indebtedness shall become immediately due and payable. In addition, the balance could be subject to interest charges of 1.5% per month or the highest rate allowable by law. Should it be necessary to assign the account balance to a licensed collection agency or attorney for legal action, all subsequent collection charges and legal fees shall be paid by the Applicant. All bills are due and payable in Markham, Ontario (Canada).
This is an agreement between you and Sysconet Inc. ("Sysconet"),
and governs your use of the Mytechnologystore.com Web site and its content and the services
and goods provided through the Web site. Each time you use the Web Site you
signify your acceptance and agreement, and the acceptance and agreement of any
person or entity you purport to represent, without limitation or qualification,
to be bound by this Agreement, and you represent and warrant that you have the
legal authority to agree to and accept this Agreement on behalf of yourself
and any person or entity you purport to represent. If you do not agree with
each provision of this Agreement, or you are not authorized to agree to and
accept this Agreement, or you do not have the legal authority to agree to and
accept this Agreement, you may not use the Web Site.
Changes to this Agreement
You may not change, supplement, or amend this Agreement in any
manner. Sysconet may, in its sole discretion, change, supplement, or amend this
Agreement as it relates to the future use of the Web Site from time to time,
for any reason, and without any notice or liability to you or any other person
or entity.
Sysconet is not responsible for any errors or omissions, either
of its own or its information providers. All information is provided "as
is" without warranty of any kind. Sysconet makes no representations and
disclaims all express, implied, and statutory warranties of any kind to you
and/or any third party, including as to accuracy, timeliness, completeness,
merchantability, or fitness for any particular purpose.
Sysconet has no liability in tort, contract, or otherwise (and,
as permitted by law, product liability), to you or any third party.
Sysconet shall under no circumstance be liable to you or any
third party for any lost profits or lost opportunity, or any indirect, special,
consequential, incidental, or punitive damages whatsoever, from any application
of the information provided within this site, even if Sysconet has been advised
of the possibility of such damages.
Sysconet Business Policies
Any agreement for the purchase of goods and/or services from
Sysconet shall be governed by and is made subject to these the policies stated
herein. Sysconet may, at its sole option, revise the Policies from time to time
without notice. Prices and availability are subject to change without notice.
Photos may not represent actual product. Typographical, product description,
pricing and other errors are subject to correction, even after orders and/or
payment are accepted. Manufacturer warranty, if any, applies; SYSCONET HEREBY
DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
Sysconet does not guarantee product compatibility. Not all
products are eligible for return, and not all products that are eligible for
return are to be returned to Sysconet. Carefully review all return policies
(below) before making your purchase. Shipping charges are not refundable. All
orders are shipped FOB shipping point.
Limitation of Remedy
IN NO EVENT SHALL SYSCONET BE LIABLE FOR ANY DAMAGES CAUSED
BY ANY PRODUCT OR SERVICE OR THE FAILURE OF SUCH PRODUCT OR SERVICE TO PERFORM,
INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, LOSS OF USE, LOSS
OF DATA, OR ANY OTHER SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
OF ANY KIND, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS
OF THE THEORY OF LIABILITY PURSUANT TO WHICH SUCH DAMAGES MAY BE SOUGHT. Sysconet
is not liable for any claim made by a third party or made by you for a third
party.
No Advice or Solicitation
THE WEB SITE IS FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY.
THE WEB SITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING
THE MATTERS ADDRESSED; ADVICE OR RECOMMENDATIONS; OR AN OFFER TO SELL OR BUY
ANY PRODUCT OR SERVICE. YOU SHOULD SEEK PROFESSIONAL ADVICE BEFORE ACTING OR
OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE.
Release
YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE EACH OF SYSCONET
AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES,
INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES,
AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER
OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES,
OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER
AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST,
WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF SYSCONET
AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES,
INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS AND LICENSEES,
AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED FROM AND AGAINST ANY AND ALL
LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL
FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY
CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE
WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU WILL ASSIST AND CO-OPERATE AS
FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENCE OF ANY
SUCH CLAIM OR DEMAND.
ADVICE AND INFORMATION PROVIDED BY SYSCONET OR ITS REPRESENTATIVES,
WHETHER ORAL OR WRITTEN, DOES NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION
OR VARY OR AMEND THIS AGREEMENT, INCLUDING ALL DISCLAIMERS, LIABILITY EXCLUSIONS,
LIABILITY LIMITATIONS, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY
UPON ANY SUCH ADVICE OR INFORMATION.
Links to Other Sites
The Web Site contains links to third party Web sites. These
links are provided solely as a convenience to you and not as an endorsement
by Sysconet of the contents on such third-party Web sites. Sysconet is not responsible
for the content of linked third-party sites and does not make any representations
regarding the content or accuracy of materials on such third party Web sites.
Accessing linked third-party Web sites, is done so at your own risk.
Methods of Payment
It’s easy to make a purchase at our web store. For your convenience,
we accept VISA and MasterCard. However we only accept cards that have been issued
in Canada or the United States. Please note that all our advertised prices are
in Canadian dollars. If you would rather not use your credit card online from
your home computer, you can have your order processed by calling a customer
service representative. For the protection of credit card users, our policy is to ship to the credit card´s billing address.
Information Submissions
Sysconet will rely on the information you provide. You will
be solely responsible and liable for any and all loss, damage, and additional
costs that you, Sysconet or any other person may incur as a result of your submission
of any false, incorrect or incomplete information or your failure to update
your registration information and payment information within 30 days of any
change. Sysconet may require a copy of a government-issued form of identification
before making any changes to your registration information.
Login Names and
Passwords
Web Site accounts may be
accessed only by use of a unique login name and password. The use of a password
does not restrict access by Sysconet and its Providers to the password-protected
information. Login names and passwords may not be shared. For security reasons,
you must keep your login name and password confidential and not disclose them
to any person or permit any other person to use them, except an authorized Sysconet
representative. Also, passwords must be non-obvious, hard-to-guess, confidential
and changed on a regular basis, and you must log-out at the end of each session.
You are solely responsible
and liable for any use and misuse of your login name and password and for all
activities that occur under your login name and password. You must ensure that
all uses of your login name and password comply with this Agreement.
You must immediately notify
Sysconet of any unauthorized use of your login name or password, or if you know
or suspect that your login name or password has been lost or stolen, has become
known to any other person, or has been otherwise compromised.
All login names and passwords
remain the property of Sysconet, and may be cancelled or suspended at any time
by Sysconet without any notice or liability to you or any other person. Sysconet
is not under any obligation to verify the actual identity or authority of the
you of any login name or password.
You must respond promptly
to all email and other correspondence from Sysconet, including without limitation
email and correspondence concerning complaints or concerns regarding your use
of your login name or password or your use of the Web Site.
THE SECURITY AND PRIVACY
PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF
PASSWORDS IS AT YOUR OWN RISK
Governing Law
This Web Site is based in
Markham, ON, CANADA. Sysconet makes no claims the Materials are appropriate
or may be downloaded outside of Canada. Access to the Materials (including
Software) may not be legal by certain persons or in certain countries. If you
access the Web Site from outside of Canada, you do so at your own risk and
are responsible for compliance with the laws of your jurisdiction. This Agreement
is governed by the internal substantive laws of the Province of Ontario, without
respect to its conflict of laws principles. If any provision of this Agreement
is found to be invalid by any court having competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions
of this Agreement, which shall remain in full force and effect. No waiver of
any term of this Agreement shall be deemed a further or continuing waiver of
such term or any other term. Except as expressly provided in a particular "Legal
Notice" or Software License or material on particular Web pages, this Agreement
constitutes the entire Agreement between you and the Sysconet with respect to
the use of Web Site. Any changes to this Agreement must be made in writing,
signed by an authorized representative of the Sysconet.
Other Matters
If any provision of this
Agreement is found to be unlawful, void, or for any reason unenforceable, then
that provision shall be deemed to be severed from the rest of this Agreement
and shall not affect the validity and enforceability of any remaining provisions.
This Agreement is subject
to change without notice.
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