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All sales of servers, hardware, equipment and other computer products (“Products”) by Serversupply Private Limited (“Serversupply.in”) shall be made only upon these Terms and Conditions of Sale (“Terms and Conditions”) and NOT any purchase order or other document of Buyer. By PLACING AN ORDER FOR PRODUCT(S), BUYER ACCEPTS AND IS BOUND BY THESE TERMS AND CONDITIONS. Serversupply’s failure to object to any terms which conflict with these Terms and Conditions shall not be deemed a waiver or objection thereto. NEITHER SERVERSUPPLY NOR BUYER IS BOUND BY ANY TERMS AND CONDITIONS IMPRINTED OR IMBEDDED IN ORDERS, ORDER ACKNOWLEDGEMENTS OR OTHER COMMUNICATIONS BETWEEN THE PARTIES UNLESS SPECIFICALLY AGREED UPON IN WRITING BY A DULY AUTHORIZED REPRESENTATIVE OF SERVERSUPPLY.
Prices
Quotations, unless previously withdrawn, are only open for acceptance by Serversupply within 7 days from quotation date and are subject to approval of Buyer’s credit. Prices quoted do not include shipping, handling, and taxes. If Buyer claims any exemption, Buyer must provide a valid, signed certificate or letter of exemption for each respective jurisdiction. All prices are subject to adjustment due to errors, omissions, specifications, quantities, materials, cost of production, shipment arrangements or other terms and conditions which are not part of Serversupply’s original price quotation. Serversupply may cancel orders at any time, in its sole discretion.
Payment
Payment terms are at Serversupply’s sole discretion, and unless otherwise agreed to by Serversupply, payment must be received prior to Serversupply’s acceptance of an order. Invoices are due on demand and shall be paid without offset or deduction within the time period noted on Buyer’s invoice, measured from the date of the invoice. Interest at 10% per annum (or the maximum rate allowed by law if less) will be payable on any amount outstanding for longer than 30 days. Buyer shall also be responsible for all reasonable legal fees, costs and expenses incurred by Serversupply if Buyer’s late payment results in collection efforts. Serversupply shall also be entitled in its absolute discretion to apply any payment received from Buyer to Serversupply towards any indebtedness of Buyer, whether under this or any other agreement.
Delivery and Time
Delivery dates quoted by Serversupply are best estimates only and time is expressly not of the essence. Late or partial delivery does not entitle Buyer to cancel its order. Buyer acknowledges that Serversupply will not be liable for any damage or injury arising from a delay in delivery. In the event of delivery by installments, Buyer is not entitled to treat the delivery of faulty Products in any one installment as a repudiation of the entire agreement. Buyer must notify Serversupply in writing of nondelivery of Products, or receipt of nonconforming or damaged Products within 3 days of the delivery date. Delivery to Buyer occurs when Products are delivered to Buyer, the carrier or Buyer’s agent at Serversupply’s facility, whichever occurs first.
Returns and Cancellations
Requests to cancel or reschedule orders must be agreed to in writing and may or may not be accepted in Serversupply’s absolute discretion. Without waiving any of its rights, Serversupply is entitled to recover all its costs and profits arising out of Buyer’s attempt to cancel.