These terms and conditions govern the sale by TimeZone LLC. (“TimeZone LLC”) for products sold in the United States. By placing an order, Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions are subject to change without prior written notice at any time, at TimeZone LLC’s sole discretion.
THESE TERMS AND CONDITIONS APPLY UNLESS CUSTOMER HAS SIGNED A SEPARATE FORMAL
PURCHASE AGREEMENT WITH TimeZone LLC, IN WHICH CASE THE SEPARATE AGREEMENT SHALL
GOVERN.
1. ORDERS
No other provisions appearing on any order form or document shall apply. Orders
are subject to acceptance by TimeZone LLC and are non-cancelable. All orders are
placed in U.S. dollars.
2. PRICES AND PAYMENT
Prices do not include sales, use, value-added or other excise tax, however
designated or levied. Prices do not include shipping, insurance, and related
fees. Unless Customer provides a valid tax exemption certificate with the order,
Customer will pay all taxes for the Products. Customer will pay all shipping,
insurance, and related charges.
All payments will be in U.S. dollars. Unless otherwise agreed by TimeZone LLC,
payment must be received by TimeZone LLC prior to TimeZone LLC’s shipment of an
order. Payment for the Products will be made by credit card unless credit terms
are granted by TimeZone LLC. If credit terms are approved by TimeZone LLC,
invoices are due and payable in full thirty (30) days from invoice date. TimeZone LLC may invoice parts of an order separately. Customer agrees to pay
interest on overdue payments at a rate equal to the lesser of 1˝ percent per
month or the maximum rate allowed by law.
3. TITLE
Title to products passes to Customer upon delivery to carrier. Title to Software
and related documentation is retained by TimeZone LLC or its licensors. TimeZone LLC reserves a purchase money security interest in the products shipped
until payment is received in full.
4. SHIPPING AND DELIVERY
Products are shipped F.O.B. origin.
5. SOFTWARE LICENSE
Software is licensed to Customer and is subject to the terms of the applicable
end user software license agreement provided by TimeZone LLC or its licensors.
6. LIMITED WARRANTY
For a term specified by the manufacturer or licensor, often
for a period of one year from date of order by
Customer, the manufacturer or licensor warrants the
products will be free of defects in materials and
workmanship and will conform to the published specifications
and warranties as provided by the manufacturer or licensor. Software
warranties are provided solely as specified in the applicable software license
agreements. TimeZone LLC does not warrant that the Products will operate
uninterrupted or error-free. This warranty extends only to Customer.
During the warranty period the manufacturer or
licensor will, at its option and expense, repair,
modify, or replace defective hardware when Customer returns the defective
hardware properly packaged and postage prepaid as provided by
the manufacturer/licensor. Replacement parts may contain recycled,
refurbished, or re-manufactured parts equivalent to new parts and are warranted
for the greater of the remainder of the original hardware warranty period or
thirty (30) days. This warranty is dependent on proper
use of the Products according to manufacturer/licensor
published specifications and instructions. This warranty does not apply to (i)
supplies and consumables, (ii) Products with original identification marks
removed or altered, or (iii) Products with defects or failures due to: disaster,
accident, neglect, or misuse; failure or defect of electrical power, external
electrical circuitry, air conditioning, or humidity control; use of Products
with items not provided or approved by manufacturer/licensor;
or modifications, adjustments, repairs, or service provided by anyone other than
manufacturer/licensor or its authorized service
provider.
THESE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED
WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
WARRANTIES OF FITNESS FOR ORDINARY PURPOSES AND WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE.
7. LIMITATION OF LIABILITY
TimeZone LLC IS NOT LIABLE FOR DAMAGES FOR LOST BUSINESS, LOSS OF PROFIT OR
DATA, 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.
8. GOVERNMENT LICENSES & PERMITS
Customer will comply with government import and export control laws and
procedures applicable to the Products and will obtain permits and licenses
required for the operation and performance thereof. Customer will obtain all
regulatory, governmental, and other approvals and consents necessary or deemed
appropriate by TimeZone LLC/manufacturer/licensor for
the Products or Services.
Last Modified: 03/05/24