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TERMS AND CONDITIONS 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 products and services sold by Sacramento Sky Ranch Inc. in the United States. Customer agrees to be bound by and accepts these terms and conditions. These terms and conditions are subject to change without prior written notice at any time, in Sacramento Sky Ranch Inc.'s sole discretion.
Other Documents. Other than as specifically provided
in any separate formal purchase agreement between Customer and Sacramento
Sky Ranch Inc., 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 Sacramento Sky Ranch Inc.. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER
SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO
CONFLICTS OF LAWS RULES. Payment Terms; Orders; Quotes; Interest. Terms of
payment are within Sacramento Sky Ranch Inc.'s sole discretion, and unless
otherwise agreed to by Sacramento Sky Ranch Inc., payment must be received
by Sacramento Sky Ranch Inc. prior to Sacramento Sky Ranch Inc.'s acceptance
of an order. Payment for the products and services and support may be made
by credit card, wire transfer, or some other prearranged payment method
unless Sacramento Sky Ranch Inc. has agreed to credit terms. Invoices are
due and payable within the time period noted on the reverse side of this
invoice, measured from the date of the invoice. Sacramento Sky Ranch Inc.
may invoice parts of an order separately. Orders are not binding upon Sacramento Sky Ranch Inc.
until accepted by Sacramento Sky Ranch Inc.. Any quotations given by Sacramento Sky Ranch Inc.
will be valid for the period stated on the quotation. Customer agrees to pay
interest on all past-due sums at the highest rate allowed by law. Shipping Charges; Taxes. Separate charges for
shipping and handling will be shown on the invoice(s). Unless Customer
provides Sacramento Sky Ranch Inc. with a valid and correct tax exemption
certificate applicable to the product ship-to location prior to Sacramento Sky Ranch Inc.'s
acceptance of the order, the Customer is responsible for sales and all other
taxes associated with the order, except for Sacramento Sky Ranch Inc.'s
franchise taxes and taxes on Sacramento Sky Ranch Inc.'s net income. If
applicable, a separate charge for taxes will be shown on the invoice. Title; Risk of Loss. Title to products passes from Sacramento Sky Ranch Inc.
to Customer on shipment from Sacramento Sky Ranch Inc.'s facility. Loss or
damage that occurs during shipping by a carrier selected by Sacramento Sky Ranch Inc.
is Sacramento Sky Ranch Inc.'s 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). Warranties. THERE ARE NO WARRANTIES FOR SERVICES. Sacramento Sky Ranch Inc. MAKES NO
EXPRESS WARRANTIES EXCEPT THOSE STATED IN Sacramento Sky Ranch Inc.'s
APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH
WARRANTIES WILL BE EFFECTIVE, AND Sacramento Sky Ranch Inc. WILL BE
OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON Sacramento Sky Ranch Inc.'s
RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. Exchanges. From time to time, Sacramento Sky Ranch Inc.
may, in its sole discretion, exchange products or portions of a product. Any
exchanges will be made in accordance with Sacramento Sky Ranch Inc.'s
exchange policies in effect on the date of the exchange. Products. Sacramento Sky Ranch Inc. continually
upgrades and revises its products and service offerings to provide Sacramento Sky Ranch Inc.
customers with new products and service offerings. Sacramento Sky Ranch Inc.
may revise and discontinue products at any time without prior notice to
customers. Sacramento Sky Ranch Inc. 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. Limitation of Liability. Sacramento Sky Ranch Inc.
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. Sacramento Sky Ranch Inc.
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, Sacramento Sky Ranch Inc.
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. 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 Sacramento Sky Ranch Inc., its agents, employees,
successors, assigns or affiliates (collectively for purposes of this
paragraph, "Sacramento Sky Ranch Inc.") 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), Sacramento Sky Ranch Inc.'s
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 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. Sacramento Sky Ranch Inc.
has separate terms and conditions governing resales and transactions outside
the United States. 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. Typo Errors. Sacramento Sky Ranch Inc. may refuse or
cancel any orders for product listed at the incorrect price. |
Copyright 2003 by
Sacramento Sky Ranch Inc. All rights reserved. Prices subject to
change without notice. Not responsible for typographical or misprint. |