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Payment Terms; Orders; Quotes; Interest.
Terms of payment are within UDL's sole discretion, and unless otherwise agreed to by UDL, payment must be received by UDL prior to UDL's acceptance of an order. Payment
for the products will be made by credit card, wire transfer, or some other prearranged payment method unless
credit terms have been agreed to by UDL. UDL may invoice parts of an order separately. Your order is subject to
cancellation by UDL, at UDL's sole discretion. Unless you and UDL have agreed to a different discount, UDL's
standard pricing policy for UDL-branded systems, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall
calculated percentage discount off list price on the entire system. UDL is not responsible for pricing, typographical, or other errors, in any offer by UDL and reserves the right to cancel any orders resulting from such errors.
Warranties.
THE LIMITED WARRANTIES APPLICABLE TO UDL-BRANDED HARDWARE PRODUCT IS AS FOLLOW's: Warranty void if units are dropped or otherwise damaged in any way. Warranty covers first year hard and software, second year software only. Warranty dose not cover viruses, Trojans, worms or any other
accidental or deliberate download exchanges. UDL is not responsible for non-virus protected systems. Warranty
does not cover batteries. On hard drives we make sure the drives are formatted, with no bad sectors, any other defects and failures detected by utilities other than DOS-Format and Fdisk is not supported by this warranty. Customer to ship any returns at their own expense if out of state. Returned units will be examined and inspected by UDL and if verified to be under warranty UDL will ship replacement parts and or issue credit. NO CASH REFUND unless specified by seller. No returns or exchanges after sale unless specified by seller. A restocking fee of $100 will be applied to returned products not defective or covered under these terms. No blaming units for user illiteracy, you must learn your unit.. UDL MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON-UDL BRANDED PRODUCT. SUCH PRODUCT IS PROVIDED BY UDL "AS IS". WARRANTY AND SERVICE
FOR NON-UDL BRANDED PRODUCT, IF ANY, IS PROVIDED BY THE ORIGINAL MANUFACTURER, NOT BY UDL. UDL MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN UDL'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. WARRANTIES AND SERVICE WILL BE EFFECTIVE, AND UDL WILL BE OBLIGATED TO HONOR ANY SUCH
WARRANTIES AND SERVICES, ONLY UPON UDL'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED OR SERVICED.
Limitation of Liability.
UDL DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN,
INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST
PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION
OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, UDL WILL NOT BE LIABLE FOR
ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY
RELATED TO THE PURCHASE OF PRODUCT, UDL IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF
DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING
ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT
SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
Governing Law. THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM,
DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING,
PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN
CUSTOMER AND DELL arising from or relating to this agreement, its interpretation, or the breach,termination or validity thereof, the relationships which result from this agreement, Dell's advertising, or any related purchase
SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
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) BETWEEN CUSTOMER AND UDL, its agents, employees,
principals, successors, assigns, affiliates (collectively for purposes of this paragraph, "UDL") 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), UDLs 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,
or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between
customer and UDL. NEITHER CUSTOMER NOR UDL SHALL BE ENTITLED TO JOIN OR CONSOLIDATE
CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS
ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction involves interstate commerce, and
this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the
arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of
competent jurisdiction. Each party shall pay for its own costs and attorneys' fees, if any. However, if any party
prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement
providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee
shifting provided by law. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191,
Minneapolis, MN 55405.
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