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General Terms of Agreement: These Standard Terms & Conditions of Sale govern the sale of products purchased hereunder and prevail over any conflicting or inconsistent terms and conditions on any purchase order submitted by Buyer. The terms and conditions contained herein constitute the entire agreement between the Buyer and Barcoding Inc. (“Barcoding”), and may only be amended by a writing signed by both the Buyer and Barcoding. Buyer agrees to all Terms & Conditions by accepting delivery of the products and/or services. Any claims for shortages must be made within 5 business days of the delivery date.
Payment Terms; Taxes; Freight & Fees: Invoices are due and payable in accordance with the terms stated on the invoice, measured from the date of invoice. Customer must claim any exemption from tax at the time of purchase and provide proper documentation. Sale Tax within the United States is determined by the ship-to location. For shipments destined outside the United States, the Buyer is responsible for all customs duties, VAT and other local taxes. The terms of delivery are CIF unless stated otherwise on the invoice. There is a $25.00 service charge for any check or draft returned unpaid. Late payments are subject to the lesser of a 2% monthly interest charge or the maximum amount permitted by applicable law. In the event of non-payment more than 60 days beyond terms, the Customer will be responsible for all of Barcoding’s costs of collection, including arbitration costs, court costs, filing fees and reasonable attorney’s fees.
Return Merchandise Authorization Policy (RMA): All returns must be authorized by Barcoding’s issuance of an RMA number. Return items will only be accepted within 30 calendar days from the original date of shipment, except that Symbol® products may only be returned within 15 calendar days from the original date of shipment. RMA approval is contingent upon product being returned 100% complete in the original packaging. Incomplete returns are subject to a re-boxing fee (billed separately) or refusal of return. Please ship returns freight prepaid and reference the RMA number on the mailing label. Returns may be subject to a 20% restocking fee.
Software, Customized hardware, Labels, Ribbons and Media are non-returnable.
Returns received after the 30 days or without a valid RMA number may be refused and/or returned to the customer. Customer may be billed and liable for return freight charges.
The customer agrees to pay Barcoding for labor, transportation or parts necessary to repair returned merchandise damaged at the customer’s risk by events such as: flood, fire, abuse, accident, neglect, power surge or use of accessories not-conforming to the manufacturer's published specifications.
Equipment sold AS–IS is non-returnable and has no warranty, and is not represented to be in working condition. AS-IS equipment is neither tested electronically nor mechanically, nor cleaned, nor refurbished. AS-IS equipment may not be returned.
Dispute Procedure: The Buyer and Barcoding agree that any disputes in connection with this sale be settled by arbitration in the City of Baltimore, Maryland under the rules of the American Arbitration Association, by one arbitrator appointed according to the rules. The decision of the arbitrator is final any may be entered as judgment by any competent court of law.
Disclaimer Of Warranties: Unless expressly stated in a writing provided by Barcoding, all warranties are direct from the manufacturer of the equipment and not from Barcoding, and Barcoding makes no express or implied warranties to customer, and Barcoding specifically disclaims all implied warranties, including, but not limited to, the implied warranty of merchantability, any implied warranty against infringement, and the implied warranty of fitness for a particular purpose.
Limitation of Liability: In no event will Barcoding, its subsidiaries, associated companies, or officers, directors or employees be liable to customer regardless of the form of claim or action, in an amount that exceeds the total fees paid to Barcoding by customer related to the sold product. In no event will Barcoding, its subsidiaries, associated companies, or officers, directors or employees be liable to customer for special, consequential, exemplary, incidental, or indirect damages or costs, or loss of goodwill or profit in connection with the supply, use or performance of or inability to use the products or services of Barcoding or in connection with any claim arising from this agreement, even if Barcoding, its subsidiaries, its associated companies, or Barcoding’s licensors have been advised of the possibility of such damages or costs.
Limitation of Remedy: Customer’s sole and exclusive remedy in the event of a breach by Barcoding shall be to receive a repair or replacement of the product or service.
Severability: If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.