Comnet Terms of Sale and Warranty for the US

Terms and Conditions of Sale

1.) Acceptance

Any purchase order received by comnet shall be construed as a written acceptance of comnet’s offer to sell goods.

The contract created by such acceptance is expressly limited to the terms and conditions contained herein. Notwithstanding any subsequent performance by comnet, no additional terms or conditions contained in a purchase order or other document delivered by Buyer, except as assented to in writing by comnet shall be deemed to be part of said contract.

2.) Delivery

Delivery shall occur, and risk of loss shall pass to buyer upon delivery of the goods to a carrier at the point of shipment, which, unless otherwise specified, shall be comnet factory in Danbury, Connecticut. Transportation shall be at Buyer’s sole risk and expense, and any claim for loss or damage in transit shall be against the carrier only. Date of delivery is determined from the date of comnet’s receipt of Buyer’s purchase order and is an estimate of the approximate date of delivery, but not a guarantee of a particular date of delivery. Comnet shall be excused from any prohibition, failure, interruption or delay in manufacture or delivery which may be occasioned by sabotage, fire, flood, explosion, labor dispute, strike, work stoppage, riot, insurrection, war, act of, or priorities granted by request of or for the benefit directly or indirectly, of any government body, authority or agency, shortage of raw materials or supplies, act of God, or of any other cause beyond comnet’s control. In the event of any such prohibition, failure, interruption, or delay, comnet may cancel the order in whole or in part. IN NO EVENT SHALL COMNET BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OR CLAIMS RESULTING FROM FAILURE OR DELAYING DELIVERY.

3.) Payment

The terms of payment for each order shall be net cash within 30 days from the date of invoice. Payments shall be made in United States dollars. The unpaid portion of any amounts due to comnet shall bear interest at the rate of 1.5% per month simple interest.

4.) Limited Lifetime Warranty

(a) Seller warrants to the original End User that products and any services furnished hereunder will be free from defects in material and workmanship as of the date of delivery, and will conform to Seller’s published technical specifications.

The foregoing shall apply only to failures to meet said warranties which appear within that period of time during which the Products are installed in their original installation for the original End User and operator of such Products; provided,
however, that in the event of product discontinuance, warranty support is limited to five (5) years from the announcement of discontinuance. The duration of the warranty period for products not manufactured by Seller (e.g., fiber optic cabling, test equipment, power supplies or batteries) shall be the warranty period offered by the original manufacturer, if any.

(b) The conditions of any tests shall be mutually agreed upon and Seller shall be notified of, and may be represented at, all tests that may be made. The warranties and remedies set forth herein are conditioned upon (a) proper storage, installation, use and maintenance, and conformance with any applicable recommendations of Seller and (b) Buyer promptly notifying Seller of any defects and, if required, promptly making the product available for correction.

(c) If any product or service fails to meet the foregoing warranties, Seller shall correct any such failure at its option, (i) by repairing any defective or damaged product or parts thereof, or (ii) by making available any necessary repaired or replacement products or parts. Any repaired or replacement product shall be warranted for the remaining period of the original Warranty Period. Seller shall pay, or credit Buyer for, the cost of freight for all return shipments of products or parts to Buyer. Where a failure cannot be corrected by Seller’s reasonable efforts, the parties will negotiate an equitable adjustment in price.

(d) The preceding paragraph sets forth the exclusive remedies for claims based on defect in or failure of products or services, whether the claim is in contract, indemnity, warranty, tort (including Seller’s negligence), strict liability or otherwise and however instituted. Upon the expiration of the warranty period, all such liability shall terminate and BUYER shall have a reasonable time, within thirty days after the warranty period, to give written notice of any defects which appeared during the warranty period. The foregoing warranties are exclusive and in lieu of all other warranties, whether written, oral, implied or statutory. NO IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. Seller does not warrant any products or services of others, which BUYER has designated.

To obtain warranty service, you must first call comnet and speak to a qualified service representative. If a return of product is deemed necessary, a Return Merchandise Authorization number (RMA#) will be issued. Upon receiving a RMA#, the product must be shipped back in either its original packaging or packaging affording an equal degree of protection back to comnet. This warranty does not cover cosmetic damage or damage due to acts of God, accident, misuse, abuse, negligence, or modification of, or to any part of the Product. This warranty does not cover damage due to improper operation or maintenance, connection to improper voltage supply, or attempted repair by anyone other than a facility authorized by comnet to service the product. Repair or replacement as provided under this warranty is the exclusive remedy of the consumer. Comnet shall not be liable for any incidental or consequential damages for breach of any express or implied warranty on this product. Except to the extent prohibited by applicable law, any implied warranty of merchantability or fitness for a particular purpose on this product is limited in duration to the duration of this warranty. This warranty only covers the first user of the equipment.

5.) Changes and Cancellations

Comnet reserves the right to make changes in design or additions to or improvements in its products without liability or obligation to make equivalent changes in products previously manufactured. All prices, extras, and applicable freight or transportation rates are subject to change, without notice, to reflect comnet's prices, extras and applicable freight or transportation rates, in effect as of the date of shipment. Buyer may, in writing, request changes in methods of shipping and packaging, schedule and place of delivery, subject to appropriate adjustments in price and time of delivery. An order cannot otherwise be modified or cancelled by the Buyer without the written consent of comnet, and, in no event, shall any order be modified or cancelled by Buyer without the written consent of comnet, and in no event, shall any order be modified or cancelled for any portion thereof already manufactured, or in process of manufacture at the time when request for modification or cancellation is received by comnet, except upon terms satisfactory to comnet, which shall protect and indemnify comnet against all loss incurred as a result of such modification or cancellation.

6.) Taxes

Any excise, levy or tax which comnet is required to pay or collect, under any existing or future law or regulation (domestic or foreign), upon or with respect to the sale, purchase, delivery, storage, processing, use, consumption, or transportation of any of the goods covered hereby, shall be for account of Buyer, who agrees to pay the amount thereof to comnet upon request.

7.) Legal Requirements

Comnet intends to comply with all Federal, State, and local laws or regulations applicable to the performance by comnet hereunder, provided, however, that any failure of comnet to so comply shall not be a defense to, or excuse Buyer from, performance by Buyer hereunder.

8.) Further Assurances

Comnet may, at any time, suspend performance of any order or require payment in cash security or other adequate assurance satisfactory to comnet when, in comnet’s opinion, the financial condition of Buyer, or other grounds for
insecurity, warrants such action. The failure or refusal of Buyer to provide such assurance within ten (10) days after request by comnet will constitute a sufficient basis for cancellation of the order by comnet.

9.) Patent Indemnification

Comnet will defend, protect, and save Buyer harmless from and against any loss or expense (including reasonable attorney’s fees) Incident to any claimed infringement against any patent or trademark due to the characteristics of any goods or parts thereof designed and manufactured by comnet, provided the Buyer shall give comnet prompt notice of any claim of infringement and complete authority to defend, settle, or compromise said claim. Buyer will defend, protect, and save comnet harmless from and against any loss or expense incident to any claimed infringement of any patent or trademark arising out of (A) the manufacture, use, or sale of any goods or parts thereof which are manufactured by comnet in accordance with design criteria furnished by the buyer, (B) the use of goods in combination with goods not reasonably contemplated by comnet, and (C) the use of goods, or any part thereof, and a manner not reasonably contemplated by comnet. Comnet's liability for damages hereunder is limited to the value of goods sold to the Buyer hereunder with respect >to which such infringement is alleged, and, in no event, shall comnet be liable for any consequential or incidental damages. The above is in lieu of any other indemnity or warranty, express or implied, with respect to patents, trademarks, or copyrights.

10.) Assignment

Neither the rights nor the obligations of either party hereunder are assignable in whole or in part without the prior written consent of the other party.

11.) Governing Law

This agreement shall be governed in accordance with the laws of the State of Connecticut.

12.) Restocking Fee

A restocking fee equal to up to 25% of the purchase price may be charged for all returned items.

Return policy

Return Requirements:

All merchandise must be in the original packaging including all manuals, accessories, etc. with the return authorization number (RMA#) clearly printed on the outside of the package, or it will be returned. Return requests must be made within 30 days of our invoice date.

Return for Credit Procedure

1. All returns for credit require an RMA# and original purchase order number. RMA numbers are valid for 30 days, and product must be received at ComNet factory within this 30-day period. After 30 days the RMA# becomes void, and any equipment received after that original 30 days will be returned to the customer at their expense.
2. Product returns without an authorized RMA# listed on the outside of the carton will not be accepted, and returned to the customer at their expense.
3. Once the RMA 30-day return period expires, customer must request a new RMA#, and may incur a 25% restocking fee.
4. All returns will be credited to customer’s account minus any applicable shipping charges and restocking fee.

Return for Service Procedure

1. All requests for the return of product for repair are directed to the ComNet Tech Support Department for authorization.
2. Requests for advance replacements must be authorized by a ComNet Tech Support application engineer.
3. All product returns require an RMA number, which must appear on the outside of the carton, or shipment will not be accepted and returned to the customer at their expense.
4. All returns require a packing list noting the following information:
   • Product model number
   • Details of defect or malfunction
   • Ship-to address
   • Contact person and phone number
5. All product returns must ship freight prepaid to ComNet. Collect shipments will not be accepted unless authorized in advance.
6. Products found to have no defects or non-related to factory defects are subject to service charge.
7. Return of shipment will be freight prepaid by comnet direct to the sender by the same method as the product was received.
8. If advance replacement was authorized, upon receipt of replaced product, the customer shall return the defective unit within one week under the same RMA number to close out the RMA.
9. All RMA numbers remain valid up to 30 days from date of issue.

Locations

North America

comnet
Communication Networks
3 Corporate Drive
Danbury, CT 06810
Tel: 1 (203) 796-5300
Fax: 1 (203) 796-5303
Toll Free: 1 (888) 678 9427
Email: sales@comnet.net

Europe

comnet Europe Ltd.
Communication Networks
8 Turnberry Park Road
Gildersome, Morley
eeds, LS27 7LE, UK
Tel: +44 (0)113 307 6400
Fax: +44 (0)113 253 7462
Email: info-europe@comnet.net

Technical engineering support

Comnet offers free system design and engineering applications support. Our Technical Support department is staffed by some of the most highly experienced, regarded and recognized experts in the industry. Comnet Technical Support is available 24/7.

Call us today at 1 (888) 678 9427 and see where the comnet difference lies.