Connxion Source™   - Term and Conditions of Sale (TCS)

Definitions: Connxion Source™ “Terms” and Conditions of Sale (TCS) ("Terms") apply to all sales of product(s) and services ("Product(s)") by ‘Connxion Source™' ("Company") to you the Business Owner ("Customer") the “Parties”.

1. Acceptance. “Customer's “ acceptance of these “Terms” shall be indicated by signing the ‘Requested Quote' and faxing back to: 888-300-7419 and the “Terms” and Conditions of Sale where indicated or submission of a request to purchase Product(s) by any means (“Order Quote”), including the “Customer” electronic ordering system (" eCommerce -Website System").

“Customer” agrees that all purchases placed by “Customer”, shall be governed by these “Terms”, whether or not these “Terms” and “Company's” shipment of products. “Customer” acceptance of “Customer” Requested “ Order Quote” is conditioned upon “Customer” acceptance of these “Terms” by Faxing back the Quote signed.

In the event that “Customer's “ Order is deemed to be an offer, the “Customer” acknowledgment or performance of the Order is conditioned upon “Customer's “ acceptance of these “Terms” and the “Customer's “ acceptance of delivery without objection to these “Terms” constitutes acceptance of these “Terms”.

2. Claims. The (“Customer”) Recipient of Product(s) shall refuse any Product(s) delivered with visible damage to the shipping container. “Customer” must notify the “Company” of any concealed damage within two (2) business days of receipt of Product(s) ("Claim"), by going to www.support.connxionsource.com and initiating a claim on shipment. Failure to timely notify “Company” of a Claim shall be deemed an acceptance of the Product(s) as of the date of the shipment.
NOTE: “Company” encourages you to OPEN products from shipping container and visually inspect for damage, even if you are not going to install unit for a few days or weeks.

a. Any and All claims for loss or visibly damaged Product(s) accepted by recipient must be made by the Customer to the carrier. Claims for any items missing from a shipment must be made to the “Company” within (1) two business days from the receipt of the shipment, by going to www.equipmentsupportdesk.com and initiating a claim on shipment. “Customer” shall be responsible for compliance with these requirements in the event of “Customer” shipment of Product(s) directly to “Customer”.

b. Notification of Claims. “Customer” needs to go to Connxion Source™ Support site: www.equipmentsupportdesk.com and OPEN a ticket regarding any product refused due to shipping damage or items missing once “Customer” inspects delivered order.

d. DOA (Defective on Acceptance) In the event “Customer” realizes that product does not work after installed “Customer” must go to: www.supportdesk.connxionsource.com and OPEN a ticket reporting this issue.

e. Product Returns. If “Customer” returns products with out a RMA, it will be refused and sent back.

f. “Company” will respond to all tickets within (2) two hours of any ticket that is OPENED for the above reasons. “Customer” will indemnify and hold “Company” harmless from any and all losses incurred as a result of failure of their “Customer” to comply with this provision of these “Terms”.

g. “Customer” is encouraged to read our ‘Return Policy ' and the procedures.

3 . Credit and Refunds. Credit may be available to “Customer” pursuant to “Customer” then applicable policies and programs which may include, returned product(s) but not shipping and handling charges and re-stocking fees of 25% where applicable due to product being refused upon delivery.

4. DISCLAIMER AND LIMITATION OF LIABILITY. THE “COMPANY” MAKES NO WARRANTIES OF ANY KIND WITH REGARD TO THE PRODUCT(S). THE “COMPANY” DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCT(S), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE “COMPANY” BE LIABLE FOR ANY LOSS, DAMAGE OR COST FOR BREACH OF WARRANTY. THE “COMPANY” WILL NOT IN ANY EVENT BE LIABLE FOR ANY LOSS OF REVENUE, PROFIT, LOSS USE OF DATA, INTERRUPTION OF BUSINESS OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT(S), OR IN ANY WAY CONNECTED TO THIS AGREEMENT, EVEN IF THE “COMPANY” HAS BEEN ADVISED OF SUCH DAMAGES. IN NO EVENT WILL THE “Customer” LIABILITY TO “CUSTOMER” EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT(S) THAT IS THE BASIS OF THE CLAIM. THE DISCLAIMER AND LIMITATION OF LIABILITY PROVISION WILL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY, CONTRIBUTION OR OTHERWISE.

5. Export Restrictions. “Company” will not ship outside the United States at this time.

6. Force Majeure. The “Company” will not be liable for any delay or failure in performance whatsoever due to acts of God, earthquakes, shortage of supplies, transportation difficulties, labor disputes, riots, war, fire, epidemics, terrorist attacks and similar events outside the “Customer” control. The ““Terms”” constitute the entire agreement between the “Parties” as to the order and sale of Product(s) and supersede all prior or current written or oral statements, representations, negotiations, agreements and understandings regarding the sale of any Product(s).

7. General. Other than conflicts of law, these “Terms” will be construed in accordance with the laws of the State of Texas . “Customer” consents to the non-exclusive jurisdiction of the State and Federal Courts in Tarrant County , Texas for any claims regarding the “Terms” and to accept service of process in accordance with the notice provisions of the “Terms”.

The failure of either Party to insist upon strict performance of any of the provisions of the “Terms” will not be deemed a waiver of any breach or default. Each of the “Parties” acknowledges that it has the authority to enter into and sign and fax back the “Order Quote” and acknowledge these “Terms”.

Any notice given to either Party will be in writing and effective immediately upon facsimile transmission or (2) two days following depositing same with an overnight carrier addressed to the address indicated in the Credit Application or as notified in writing by the Party.

The “Company” will be entitled to recover all costs, including attorney fees and costs, incurred as a result of enforcement of any provision of the “Terms” including collection of any sums due from “Customer”. If any provisions of these “Terms” are deemed unenforceable as a matter of law, all other provisions will remain in effect. The “Company” may assign the “Terms” without prior approval of the “Customer”. The “Customer” may not assign the “Terms” without the prior approval of the “Company”.

8. Order and Shipment. “Customer” will order Product(s) from “Company” site by completing the purchase procedure and by signing the receipt “Customer” receives along with acknowledging the CHECK BOX agreeing to “Terms” and faxing back to:
888-300-7419 in order to complete each transaction.

“Company” may reject any Order for any reason. “Company” will not be bound by any “Terms” or conditions set forth in any Order. “Customer” agrees not to contest the validity or enforceability of any Order. Delivery of the Product(s) will be made in accordance with the “Company” shipping policy in effect on the date of shipment. All Product(s) are shipped F.O.B Origin the same day for all orders received prior to 3 pm ct, all orders received after 3 pm ct are processed the next day via Fed Ex, UPS, DHL or common carrier depending upon the type and weight of product. Insurance coverage, transportation costs and all other expenses applicable to shipment from “Company” to “Customer” will be at the “Customer's “ sole expense. “Company” shall choose what it considers the most appropriate means of shipment unless the “Customer” specifically requests otherwise. “Company” shall not be liable for any damages resulting from failure or delay in shipping goods. Certain minimum charges will apply for purchase orders requiring special handling.

9. Payment “Terms”. Payments for Product(s) will be as set forth in the “Customer” ‘Payment Options' then applicable prices listed on site are exclusive of taxes, unless business owner has submitted a RE-SELLER certificate for its particular type of business entity. Furthermore there maybe duties, licenses, excises, tariff s and shipping cost which shall be the obligations of the “Customer”. Payment is due at time of purchase, arrangements for purchase is set out in ‘Payment Options' guidelines. In the event Customer payment is defective at time of shipment, Customer shall provide another form of payment before product(s) are shipped. The “Company” reserves the right to withhold shipment of any Order or part thereof to require a different type of pre-payment of any Order in the event that the “Company” determines in its sole judgment that “Customer” transaction payment type is defective or will be unable to process current payment type.

10. Returns Procedures. The “Company” shall not be obligated to authorize any Product(s) return, these return procedures are manufacture / product specific and “Customer” may return Product(s) only after manufactures technical support has evaluated whether product is under warranty and unable to be repaired.

“Customer” must contact Connxion Source™ through its support site: www.support.connxionsource.com for the manufacturer's specific procedures regarding a Return Material Authorization (“RMA”) number before returning any Product for warranty repair or replacement as determined by manufactures technical support department in conjunction with support team.

NOTE: “Customer” is encouraged to read our ‘Return Policy' and the procedures.

11. Special Orders. A special order is a Product(s) ordered by “Customer” that the “Company” does not normally stock ("Special Order"). Special Orders are Non-Cancellable and on a Nonrefundable basis. Special Order Product(s) may not be returned to “Company” under any circumstances.

12. Warranty Procedures. All Product(s) are sold solely with the applicable manufacturer's warranty. “Company” will assist “Customer” in getting defective Product(s) repaired or replaced. “Customer” agrees to utilize Companies Support site www.supportdesk.connxionsource.com to create track able tickets regarding any Warranty concerns.

Last Updated: 03/16/2009 v3.036