Data Financial, Inc. - Terms & Conditions
Acceptance of Order – This sales order sets forth the standard terms and conditions on which Data Financial, Inc. (“DFI”) has sold to the purchaser (“Purchaser”) the products described in the shopping cart hereof (collectively the “Products”). Commencement of delivery of the Products, and contained in this document of any of Purchaser’s forms, this order is expressly conditioned on these terms and conditions and any terms on the front of this document and on others. DFI rejects any offer embodying contrary terms and conditions and, in such case, these terms and conditions constitute a counter-offer by DFI.
Prices – Unless otherwise agreed in writing, the prices stated herein are FOB DFI’s facility in Mequon, WI. All prices include packing in accordance with DFI’s standard procedures. If special packing is requested, Purchaser shall pay DFI for the cost thereof. DFI prices are subject to change without notice.
Warranties – Unless otherwise agreed to in writing, all Products furnished by DFI shall include a 90 (ninety) Day Warranty covering all parts, labor, and service. During the Warranty period, DFI shall be responsible for all costs associated with the return, repair, and re-shipment of Product. Following the Warranty period, Purchaser may elect to purchase extended coverage, maintenance agreements(s) or other services which will be offered to Purchaser by DFI at conclusion of Warranty period. Purchaser is under no obligation to purchase extended service contract.
7 Day Money Back Guarantee - To qualify for return all Products require a Return Authorization (RA) Number prior to being returned, must be 100% complete, in the same condition as when sold, and in the original packaging as provided by the manufacturer. All packing materials, manuals, diskettes, CDs, digital media, blank warranty cards and other accessories and documentation must be included. Kits and other items assembled after purchase must be unassembled and returned in the manufacturer's original packaging. All returns will be inspected and products found to be non-conforming will be rejected or subject to a restocking fee at DFI's sole discretion.
Returns – Products purchased from DFI may not be returned without consent and issuance of a Return Authorization Number. Returns may be subject to a restocking fee. Contact Customer Service at 1-800-334-8334 for assistance with any returns.
Delivery – DFI will use its best efforts to deliver Products on or before the estimated delivery date. Delivery shall be FOB DFI’s facility in Mequon, WI. Time is not of the essence in connection with this order, and, if DFI learns that it will be unable to meet the estimated delivery date, it will give prompt notice to Purchaser and deliver the Products as soon as practicable under circumstances. In no event will DFI be held liable for any damages or expenses caused by delays in delivery.
Special Orders - Non-stock merchandise, custom stamps, custom programmed Products, software Products, and other custom configured Products are not returnable unless it is determined Product was shipped in error. Special order and quantity discounted Products are covered by a manufacturer's warranty. These manufacturer terms and conditions are enforced on the customer. In situations whereby the manufacturers will not honor credit due DFI. DFI reserves the right to deny such credit to the customer. Manufacturer warranty information is provided in the product's documentation.
Payments – Invoices will be dated as of the date of shipment, and, unless otherwise agreed, are payable net cash twenty days after the date of invoice. Late charges are at the rate of 1.5% per month (or, if lower, the highest rate permitted by law) may be charged on past due accounts.
Taxes – The prices provided herein are exclusive of any federal, state or local sales, use, excise, or similar taxes imposed with respect to the Products, which shall be the responsibility of the Purchaser. DFI will charge and collect any such taxes imposed on all sales to location in Wisconsin, Michigan, Minnesota, and Illinois or in any other location where DFI is obligated to charge and collect such taxes, or in lieu thereof, Purchaser shall provide DFI with exception certificate acceptable to such taxing authorities.
Exclusion of Liability – In no event shall DFI have any liability with respect to this order for any consequential, incidental, or special damages of any kind whatsoever. In no event will DFI have any liability to the purchaser in connection with any products in excess of the purchase price paid by purchaser for such products.
Force Majeure – DFI shall not be responsible for nonperformance or delays occasioned by any causes beyond DFI’s reasonable control, including, but not limited to delays of vendors or carriers, fire, government or regulatory actions or otherwise. Any such delays shall effect a corresponding extension of DFI’s performance dates which are, in any event, understood to be approximate.
Controlling Law – This order and the performance of the parties hereunder shall be controlled, governed by and enforced in accordance with laws of the State of Wisconsin (as if by residents thereof). Purchaser hereby consents to the personal jurisdiction of the federal and state courts located in the State of Wisconsin in connection with any dispute that may arise hereunder, and Purchaser hereby waives any objections it may have to the jurisdiction or venue of such Wisconsin courts.
U.S. Regulations – This order and performance by the parties hereunder shall also be subject to all applicable rules and regulations of the United States Government, including, but not limited to, export regulations of the United States Department of Commerce and State, as they may be amended from time to time.
Recovery of Attorney’s Fees – In the event of any action to enforce rights hereunder, DFI shall be entitled to recover from Purchaser all reasonable attorney’s fees incurred and costs associated therewith.
Changes – Changes in whole or in part of this order can be made only with DFI’s written consent.
Intellectual Property – DFI and the third party manufacturer of the Product retain all respective ownership, license and other rights to all patents, trademarks, copyrights, trade secrets and other intellectual property rights related to the Products and, except for the right to use the Products in this order, Purchaser obtains no rights to use any such intellectual property.
Software – Purchaser hereby is granted a license to use any third party manufacturer’s software incorporated in each Product covered by this order (“Licensed Software”), and such license may as required by subject to a separate license agreement between DFI and Purchaser, the terms of which shall govern. Purchaser shall not receive ownership rights in connection with the Licensed Software, and Purchaser shall use the Licensed Software only in connection with the subject Product and for no other purpose. The Licensed Software is the exclusive property of the third party manufacturer of the Product, and the Licensed Software cannot be copied or disclosed to third parties.