Sales Terms and Conditions
The purchasers of
products and / or services from E System Sales, Inc. or any
affiliate thereof ("E System Sales, Inc.") are subject to the
following terms and conditions. The term "Purchaser" shall mean the
party placing an order with E System Sales, Inc. and identified as
such in any document attached hereto ("attachment"), this document
and all attachments are hereinafter referred to as "this
Agreement." The terms and conditions set forth in this agreement
shall constitute the entire agreement between E System Sales, Inc.
and Purchaser relating to the sale of the products ("Products")
and/or services ("Services") described in any attachment, or in an
subsequent purchase or sales order. No conflicting or final terms
or conditions which may appear in any order or other document of
Purchaser shall be of any force or effect unless accepted and agreed
to in writing by an officer of E System Sales, Inc.
The prices under this agreement are F.O.B. point of shipment and
exclusive of all sales, use, excise or other taxes. The prices set
forth shall be in effect until notice in writing from E System
Sales, Inc. reserves the right to adjust prices at its discretion
with proper notice to Purchaser.
Purchaser shall pay all federal, state, municipal or other sales,
use, excise or other taxes, assessments and charges assessed or
levied against the products and/or services. Purchaser agrees to
pay to E System Sales, Inc. on request any federal, state, municipal
or other sales, use, excise or other taxes, assessments or charges
payable by E System Sales, Inc. with respect to the products and/or
services of the sale thereof.
Delivery will be F.O.B. point of shipment. Unless otherwise
directed by Purchaser, E System Sales, Inc. will pre-pay the freight
and bill Purchaser for shipping and handling charges. Purchaser
assumes all risk of loss during delivery of the Products by E System
Sales, Inc. to the carrier. In the absence of instructions to the
contrary, E System Sales, Inc. on behalf of the Purchaser, shall
exercise its own discretion as to the method of shipment to be used
and the selection of the carrier but shall not be deemed thereby to
assume any liability in connection with the shipment nor shall the
carrier thereby be deemed an agent of E System Sales, Inc. No goods
shall be returned for credit or replacement without prior RMA
authorization by E System Sales, Inc. All good returned without
such prior authorization will not be accepted by E System Sales,
Inc. and will be returned to the purchaser freight collect.
When you receive
your shipment, locate your packing slip and compare it to your
E System Sales, Inc.
Invoice. Please unpack your shipment carefully to be sure every
piece you have purchased has been shipped.
Except as otherwise stated in any attachment, terms are net due upon
purchase. Payment method will be check (must wait 10 days for all
out of state checks), money order or credit card (Visa, MasterCard,
American Express or Discover). Lease options for qualified
Purchasers will be covered under a lease agreement. Buyer agrees to
pay all credit card penalties, late charges, and collection fees.
Collection fees carry a minimum charge of 25% of total invoice or
Check individual equipment manufacturer for product warranty
information & details. E System Sales, Inc. will advance replace
defective hardware 30 days after purchase as per manufacturer
instructions all other warranty will be through manufacturer. All
Vertical, Comdial & Vodavi warranty will be done through Vertical
as per Vertical warranty policy. Most manufacturers provide a 30
day advance replacement out of box failure and the proceeding
warranty is done by repair.
Limitation of Liability:
E System Sales, Inc. shall in no event be liable for damages,
including but not limited to incidental or consequential damages,
for injury to any property or to any person, by reason of the
person's negligence or otherwise in connection with the safety,
delivery, installation or use of the products and/or provision of
services pursuant to this agreement, and purchaser shall indemnify
and hold harmless E System Sales, Inc. against further liability.
Without limiting the generality of the foregoing, E System Sales,
Inc. shall in no event be liable for lost profits or costs arising
out of installation , replacement of hardware, or in connection
with, this agreement. Neither E System Sales, Inc. nor purchaser
shall be liable for delay in the performance of any of its
obligations under this agreement arising out of causes beyond its
control, including but not limited to acts of God, governmental
action, fires, floods, epidemics, quarantines, strikes, embargoes,
or severe weather.
This agreement shall be binding upon and inure to the benefit of the
parties and their respective successors and permitted assigns.
Neither this agreement nor any variation or modification of this
agreement or waiver of any of the terms or provisions hereof shall
be deemed valid and binding upon E System Sales, Inc. unless in
writing, signed by an officer of E System Sales, Inc. and delivered
by E System Sales, Inc. to Purchaser. Failure by either party to
enforce the terms hereof shall not be deemed a waiver of future
enforcement of that or any other term. This agreement shall be
construed and interpreted in accordance with the laws of the State
of New Hampshire.
Software purchased from E
System Sales, Inc. is not returnable or transferable in any way.
Once your software is received please read and follow your End User
License Agreement. If you have any questions or concerns please
call 800 619 9566.
Phone Starter Kits &
Purchasing a phone system starter kit or hardware. Buyer agrees he
or she has the necessary installation & configuration computer or
phone skills or can provide an experienced computer or phone
technician with the necessary installation & configuration skills
unless installer technician is provided by E System Sales. Inc.
Systems will not be returned due to installation frustrations or
lack of the necessary computer skills.
Equipment returned to E
System Sales, Inc.
for any reason other then
shall be subject to a full refund of the purchase price, less the
20% re-stocking fee, shipping and handling fees, and charges for any
installation services or services delivered. Equipment must be
returned in its original packing and be ready for resale. All out of
the box returns shall be on a 50% buy back basis only. No equipment
shall be returned to E
System Sales/EZ Phone Systems after 14 days of receipt. All
WARRANTY and RETURN equipment returned to E System Sales, Inc. must
have a RMA (Return Merchandise Authorization) number issued byE
System Sales, Inc. All returned items without a RMA number will not
be excepted by E System Sales, Inc.
Technical support is provided through the
E System Sales, Inc. help desk located
www.help.ezsystemsales.com unless otherwise noted on your
invoice. In the event that the help desk does not provide adequate
information or the end user or the installer is unable to resolve a
problem, E System Sales/EZ Phone Systems, provides installation
support for 15 days from the first initial phone call for end users
and for installers. Email support is available free. Complete
programming support is available over the telephone at a flat rate
of $65 for the first hour and billed in 15 minute increments after
the first hour is completed.