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Appendix E - Terms and Conditions 41
Appendix E - Terms and
Conditions
Compatible Systems Corporation (Compatible Systems) offers to sell only
on the condition that Customer’s acceptance is expressly limited to Compat-
ible Systems’ terms and conditions of sale. Compatible Systems’ accep-
tance of any order from Customer is expressly made conditional on assent to
these terms and conditions of sale unless otherwise specifically agreed to in
writing by Compatible Systems. In the absence of such agreement, com-
mencement of performance or delivery shall be for Customer’s convenience
only and shall not be construed as an acceptance of Compatible Systems’
terms and conditions. If a contract is not earlier formed by mutual agree-
ment in writing, Customer’s acceptance of any goods or services shall be
deemed acceptance of the terms and conditions stated herein.
1. Warranty. Compatible Systems warrants to the Customer and to all per-
sons who purchase Products from the Customer during the Warranty terms
(“subsequent purchasers”), that, for an unlimited period from the date (the
“shipping date”) on which Compatible Systems ships the Products to the
Customer: (a) the Product meets, in all material respects, all specifications
published by Compatible Systems for such Products as of the shipping date;
(b) the Products are free from all material defects in materials and workman-
ship under normal use and service; and (c) that as a result of the purchase of
the Products from Compatible Systems, the Customer will have good title to
the Products, free and clear of all liens and encumbrances.
Compatible Systems’ obligations pursuant to this Warranty, and the sole
remedies of the Customer and of any subsequent purchaser, shall be limited
to the repair or replacement, in Compatible Systems’ sole discretion, of any
of the Products that do not conform to this Warranty.
This Warranty shall be invalidated if the Products: (a) have not been
installed, handled, or used in accordance with Compatible Systems recom-
mended procedures; (b) have been damaged through the negligence or abuse
of the Customer or of any subsequent purchasers; (c) are damaged by causes
external to the Products, including (without limitation) shipping damage,
power or air conditioning failure, or accident or catastrophe of any nature;
and (d) have been subjected to repairs or attempted repairs by any person
other than Compatible Systems (or an authorized Compatible Systems ser-
vice technician).