Terms and Conditions of Sale

All sales of servers, storage equipment, hardware, by Enterasource.com LLC (Enterasource) shall be made only upon the following Terms and Conditions of Sale, and not by any purchase order or document of the Buyer. By ordering from Enterasource LLC, the Buyer accepts and is bound by our Terms and Conditions. Any terms outside of our Terms and Conditions of Sale must be mutually agreed upon by the buyer, as well as a salesperson or representative of Enterasource LLC.

1. Prices: Quotes from a sales representative are only open for acceptance by Enterasource in the first 7 days after the quotation date and are subject to approval based on the Buyer’s credit. Prices we quote don’t include taxes and may not include shipping cost unless we’ve quoted you custom shipping. All prices are subject to adjustment due to specifications, omissions, errors, updated quantities, shipping, or any other updates that aren’t part of the original quote. Enterasource retains the right to cancel any order at any time, with discretion.
2. Payment: All orders must be paid for by the Buyer prior to acceptance by Enterasource. Invoices are due within the time period noted on the Buyer’s invoice and must be paid without offset or deduction. Any payment plan must be agreed upon by both Enterasource and the Buyer.
3. Delivery: Delivery dates quoted by Enterasource are estimates based on the shipping you choose, or we provide. Deliveries may be delayed due to circumstances beyond our control such as weather, carrier issues, Buyer’s address, etc. Late or partial delivery of an order does not qualify for cancellation by the Buyer. Buyer will not be entitled to treat the delivery of faulty or damaged products as a denial of the entire agreement. Buyer must notify Enterasource in writing of the non-delivery of products, or inoperable/damaged items within 5 days of delivery date.
4. Risk of Loss, Title to Products, and Security Interest: Unless shipping instructions are provided by the Buyer, Enterasource will select the appropriate shipping carrier and shipping tier to fit the Buyer’s needs. Shipping instructions provided by the Buyer still fall under the terms of our “Delivery” section above and Enterasource will have no liability for such shipments. Title to Products does not pass until the Buyer has paid for their order in full. The Buyer agrees to fulfill any financial statements or other documents which Enterasource may request in order to protect our security interest. Buyer expressly authorizes Enterasource to execute these security documents on the Buyer’s behalf and designates Enterasource its attorney-in-fact for these limited purposes. In addition to this Terms of Sale document, Enterasource shall have all rights and remedies of a secured party under the Uniform Commercial Code, which rights shall be cumulative.
5. Limited Warranty and Limitation of Liability: Unless otherwise noted by Enterasource, the Terms and Conditions of our Limited Warranty available at enterasource.com/warranty shall be made part of these Terms and Conditions of Sale. Other than what is stated here, Enterasource makes no Warranty, Statutory, Implied, or Expressed, including but not limited to any Warranties of Merchantability, for intended purpose or use, and non-infringement or originality. In no event shall Enterasource be liable for any claims alleging negligence or worse for any consequential, indirect, incidental, or punitive damages (including but not limited to loss of income, use, profits, data, goodwill, or opportunity) nor shall Enterasource be liable for any damage to other products, regardless of whether or not Enterasource has been advised of the possibility of such damages. Enterasource’s maximum total liability shall not exceed the purchase price.

 

1. Changes: Enterasource may update, revise or cancel its Limited Warranty, Return Policies, or these Terms and Conditions at its discretion, and such changes will not affect any order made by the Buyer prior to the date of such a change.
2. Default: Enterasource maintains the right to suspend or end an order or agreement, without prejudice to its right to claim alternative or additional damages. If the Buyer has declared bankruptcy or is granted a suspension of payments; if Buyer defaults in complying with any of its obligations to Enterasource; or if Enterasource feels that the Buyer won’t be able to fulfill the agreement and the Buyer fails to offer sufficient security for the carrying out of its obligations within the time period put forth by Enterasource.
3. Non-Exports: It is the independent and exclusive responsibility of the Buyer to understand, comply with, and verify with all export and re-export requirements pertinent to any products bought or received from Enterasource. (insert sentence or two about countries we/the buyer can’t ship to).
4. Returns and Cancellations: Any request to cancel, reschedule or re-route orders have must be agreed upon in writing and may or may not be accepted with discretion by Enterasource. Without relinquishing any of its rights, Enterasource remains entitled to recover all cost and profits that come to light from the Buyer’s attempt to cancel an order.
5. Law: This warranty is ruled by the laws of the state of California without putting into practice the principles of conflicts of law. If these Terms are determined to be unenforceable under the law, the other Terms and Conditions shall remain in effect. Failure of Enterasource to enforce these Terms and Conditions will not be deemed a waiver of any of Enterasource’s rights and shall not affect the soundness of the sale or these Terms and Conditions.