CEJ COMPUTER BUSINESS SYSTEMS, LLC

TERMS & CONDITIONS OF QUOTATION & SALE

All transactions with CEJ Computer Business Systems, LLC are subject to the following Terms and Conditions:

1. QUOTATION does not represent an offer to sell. CEJ Computer Business Systems, LLC (herein referred to as “CEJ”) reserves the right to accept or reject all purchase orders. Customer acknowledges agreement with these Terms & Conditions by placing an order with CEJ for any product(s) (Product).

2. PURCHASE PRICE

• All sales shall be deemed made in the State of New Hampshire , regardless of the location of the Customer.
• Pricing valid for quantities shown and for 20 days, excluding high commodity items such as CPU’s and memory which change daily.
• Payment is due before shipment/pickup, unless other terms have been arranged in advance. For custom orders, a deposit equal to 50% of the total is due with a valid purchase order before delivery will be scheduled. Balance is due upon delivery unless other terms have been arranged in advance.
• CEJ does not collect sales and use taxes, except for sales delivered to customers in the State of Massachusetts. CEJ shall not be liable for handling or customs charges for shipments outside the United States .

3. SHIPPING TERMS

• Delivery is based upon stock availability at time of order.
• CEJ will arrange payment for shipping and insurance with the carrier, F.O.B. shipping point, but such costs are the responsibility of Customer. Risk of loss is upon Customer once CEJ delivers the Product to the carrier. Delivery times are estimates only and CEJ shall not be liable for delays.

4. LIMITED MANUFACTURERS WARRANTY

• CEJ warrants that it has good title to the hardware Products it sells, and that it has proper authority to license the software Products it distributes.
• CEJ does not warrant the performance or integrity of any Product, but merely passes through to the Customer any applicable manufacturers’ or licensors’ warranty(ies).
• Any information provided by CEJ, including information as to the suitability, compatibility, networking architecture, or any other technical information regarding Products is provided “as is” and without warranty, and CEJ hereby disclaims all warranties, express or implied, in connection with such information.
• CEJ DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, INCLUDING MERCHANTABLILITY AND FITNESS FOR A PARTICULAR PURPOSE.

5. LIMITATION OF LIABILITY

IN NO EVENT SHALL CEJ BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY . CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IS STATED IN THE MANUFACTURERS’ OR LISENSORS’ END USER WARRANTY ACCOMPANYING THE PRODUCT. IN NO EVENT SHALL CEJ’s LIABILITY EXCEED THE COST TO REPAIR, OR REPLACE THE SPECIFIC PRODUCT PURCHASED FROM CEJ.

6. RETURNS

• There are no returns for cash or credit after 10 days. Item(s) returned within 10 days must have receipt with all original packaging intact.
• There are no returns on special orders.
• Software cannot be returned once the package has been opened. Defective media will be replaced.
• Returns will not be credited for shipping.
• All returns are subject to a 20% restocking fee.
• All returns are subject to any additional or lesser return rights adopted by the manufacturer or publisher.

7. EXCLUSVE AGREEMENT

These Terms of Sale represent the complete and final agreement between the Customer and CEJ for the matters set forth herein, and shall be supplemented only by the prices, quantity, and descriptions set forth in CEJ’S invoice for the relevant sale. Terms contained in Customer’s purchase orders, offers to buy, terms and conditions, and the like shall have no effect.

8. GENERAL

• These Terms of Sale and any transaction made under them shall be interpreted and enforced in accordance with the laws of The State of New Hampshire without regard to conflict of law provisions which might give effect to the law of another jurisdiction.
• In the event any section or portion of a section of these Terms of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms of Sale, and the remaining terms shall continue in full force and effect.
• CEJ shall not be responsible for damages or delays resulting from Acts of God, and from other actions, both Governmental and otherwise outside of its control, including but not limited to war, riot, seizure, strike or embargo.
• The Customer agrees to pay for all costs of collection in the event of default of payment by the Customer, including reasonable attorney's fees.
• In the event of delinquent payments, the Customer will be charged a rate of 2% interest per month for all past due invoices after the first 30 days.
• These Terms of Sale may be modified from time to time by CEJ without notice.