Terms of Sale

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.

This Agreement contains the terms and conditions that apply to purchases from the Plexus Computers entity named on the invoice ("Plexus Computers") that will be provided to you ("Customer") on orders for computer systems and/or related products and/or services and support sold by Plexus Computers in the United States. By accepting delivery of the computer systems, other products and/or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. If for any reason you are not satisfied with your Plexus Computers-branded hardware system, you may return the system under the terms and conditions of Plexus Computers thirty-day money back return policy or may be found in the documentation accompanying the system.

THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH PLEXUS COMPUTERS, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) UNLESS OTHER PLEXUS COMPUTERS STANDARD TERMS APPLY TO THE TRANSACTION.

These terms and conditions are subject to change without prior written notice at any time, in Plexus Computers sole discretion.

1. Other Documents: Other than as specifically provided in any separate formal purchase agreement between Customer and Plexus Computers, these terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for product(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Plexus Computers.

2. Governing Law: THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF MARYLAND, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.

3. Payment Terms; Orders; Quotes; Interest: Customer shall pay Seller for all charges listed on Seller's invoice, including all shipping and handling charges. Unless otherwise stated on the face hereof, all payments shall be due upon receipt of invoice. On any amounts not paid when due, customer agrees to pay interest at the rate of 1.5% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then customer agrees to pay the highest rate allowed by law. In addition, customer agrees to pay all costs of collection, including costs of litigation and reasonable attorney's fees. Seller reserves the right to obtain a security interest in the Products sold to customer, and in proceeds thereof, until payment is made in full by customer. Customer agrees to execute financing statements and other instruments at Seller's request. A $25.00 collection fee will be charged for all dishonored checks.

4. Shipping Charges; Taxes: Separate charges for shipping and handling will be shown on the invoice(s). Unless Customer provides Plexus Computers with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Plexus Computers acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, except for Plexus Computers franchise taxes and taxes on Plexus Computers net income. If applicable, a separate charge for taxes will be shown on the invoice.

5. Title; Risk of Loss: Title to products passes from Plexus Computers to Customer on shipment from Plexus Computers facility. Loss or damage that occurs during shipping by a carrier selected by Plexus Computers is Plexus Computers responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).

6. Force Majeure: Seller shall not be liable for any delay in performance directly or indirectly caused by difficulties which are beyond the control, and without the fault or gross negligence of Seller. Quantities are subject to availability. In the event of production difficulties or Product shortages, Seller may allocate sales and deliveries at its sole discretion.

7. Warranties. THE LIMITED WARRANTIES APPLICABLE TO PLEXUS COMPUTERS-BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION PROVIDED WITH THE PRODUCTS AND CAN ALSO BE LOCATED ONLINE AT plexuscomputers.com/policies/policy_warranties.htm. THERE ARE NO WARRANTIES FOR SERVICES. PLEXUS COMPUTERS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN PLEXUS COMPUTERS APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND PLEXUS COMPUTERS WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON PLEXUS COMPUTERS RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.

8. Software. All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the package is opened or its seal is broken. Plexus Computers does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the license agreement that governs it purchase and use.

9. Return Policies. Plexus Computers-branded hardware systems and parts that are purchased directly from Plexus Computers by an end-user Customer may be returned by Customer in accordance with Plexus Computers "Return Policy" in effect on the date of the invoice. Plexus Computers "Return Policy" can be found at plexuscomputers.com/policies/policy_returns.htm or in the documentation provided with the Plexus Computers-branded systems.

10. Exchanges: From time to time, Plexus Computers may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with Plexus Computers exchange policies in effect on the date of the exchange.

11. Substitutions and Modifications: Seller reserves the right to substitute or change materials, parts, Product specifications or functional attributes at any time without notice. Seller also reserves the right to ship Product in multiple boxes and/or shipments.

12. Products: Plexus Computers continually upgrades and revises its products and service offerings to provide Plexus Computers customers with new products and service offerings. Plexus Computers may revise and discontinue products at any time without prior notice to customers. Plexus Computers will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. The parts and assemblies used in building Plexus Computers products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted Plexus Computers SKU numbers for Plexus Computers-branded hardware products are of the quantity specified by Plexus Computers and conform in all material respects with the Plexus Computers product specifications current on the date such products were shipped.

13. Peripherals Products: Any warranty and technical support provided on third-party products purchased through Plexus Computers are provided by the original manufacturer and not by Plexus Computers. These products may be returned only in accordance with the return policy in effect on the date of invoice. The warranties and technical support may vary from product to product. All non-defective products purchased through Plexus Computers that are returned to Plexus Computers are subject to a fifteen percent (15%) restocking fee. 

14. Limitation of Liability: PLEXUS COMPUTERS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. PLEXUS COMPUTERS WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS 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. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, PLEXUS COMPUTERS IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT.

15. Binding Arbitration: ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) AGAINST PLEXUS COMPUTERS, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Plexus Computers") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Plexus Computers advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between Customer and Plexus Computers. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405. PROVIDED, HOWEVER, THAT THIS BINDING ARBITRATION REQUIREMENT DOES NOT APPLY TO CLAIMS AGAINST PLEXUS COMPUTERS ARISING UNDER THE APPLICABLE WRITTEN WARRANTY. SUCH CLAIMS MAY BE PURSUED IN ANY COURT OF COMPETENT JURISDICTION.

16. Applicable Law; Not For Resale or Export: Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale or export. Plexus Computers has separate terms and conditions governing resales and transactions outside the United States.

17. Service and Support: Plexus Computers will provide general technical support to Customer in the United States, in accordance with the then-current technical support policies in effect. Service offerings may vary from product to product. If Customer purchased optional services and support, Plexus Computers and/or a third-party service provider will provide the optional service and support to Customer in the United States in accordance with the then-current terms and conditions in the optional service contract between Plexus Computers and/or the third-party service provider and Customer. The optional services and support programs and their terms and conditions in place at the time or purchase will apply to Customer's purchase. Plexus Computers has no obligation to provide service or support until Plexus Computers has received full payment for the product or service/support contract for which service or support is requested.

18. Headings: The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.