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The purchasers of products and/or services from Bizfon, Inc. or any affiliate thereof
("Bizfon") are subject to the following terms and conditions. The term "Purchaser" shall mean the party placing an order with Bizfon and
identified as such in any document attached hereto
("attachment"), this document and all attachments are
hereinafter referred to as "this Agreement." The terms and conditions set forth in this agreement shall constitute the entire
agreement between Bizfon and Purchaser relating to the sale
of the products ("Products") and/or services ("Services")
described in any attachment, or in any subsequent purchase or
sales order. No conflicting or
final terms or conditions which may appear in any order or
other document of Purchaser shall be of any force or effect
unless accepted and agreed to in writing by an officer of
Bizfon.
Price
The prices under this agreement are F.O.B. point of shipment
and exclusive of all sales, use, excise or other taxes.
The prices set forth shall be in
effect until notice in writing from Bizfon., Inc. Bizfon,
Inc. reserves the right to adjust prices at its discretion
with proper notice to Purchaser.
Taxes
Purchaser shall pay all federal, state, municipal or other
sales, use, excise or other taxes, assessments and charges
assessed or levied against the products and/or services.
Purchaser agrees to pay to Bizfon
on request any federal, state, municipal or other sales,
use, excise or other taxes, assessments or charges payable
by Bizfon with respect to the products and/or services of
the sale thereof.
Delivery
Delivery will be F.O.B. point of shipment.
Unless otherwise directed by
Purchaser, Bizfon will pre-pay the freight and bill
Purchaser for shipping and handling charges.
Purchaser assumes all risk of
loss during delivery of the Products by Bizfon to the
carrier. In the absence of
instructions to the contrary, Bizfon, on behalf of the
Purchaser, shall exercise its own discretion as to the
method of shipment to be used and the selection of the
carrier but shall not be deemed thereby to assume any
liability in connection with the shipment nor shall the
carrier thereby be deemed an agent of Bizfon.
No goods shall be returned for
credit or replacement without prior RMA authorization by
Bizfon. All goods returned without
such prior authorization will not be accepted by Bizfon and
will be returned to the purchaser freight collect.
Payment
Except as otherwise stated in any attachment, terms are net
due upon purchase. Payment method
will be credit card (Visa,
MasterCard, American Express or
Discover). Lease options for
qualified Purchasers will be covered under a lease
attachment.
Disclaimer and Limitation of Liability
Bizfon shall in no event be liable for damages, including
but not limited to incidental or consequential damages, for
injury to any property or to any person, by reason of the
person's negligence or otherwise in connection with the
sale, delivery, installation or use of the products and/or
provision of services pursuant to this agreement, and
purchaser shall indemnify and hold harmless Bizfon against
further liability. Without
limiting the generality of the foregoing, Bizfon shall in no
event be liable for lost profits arising out of, or in
connection with, this agreement. Neither
Bizfon nor purchaser shall be liable for delay in the
performance of any of its obligations under this agreement
arising out of causes beyond its control, including but not
limited to acts of God, governmental action, fires, floods,
epidemics, quarantines, strikes, embargoes, or severe
weather.
General Provisions
This agreement shall be binding upon and inure to the
benefit of the parties and their respective successors and
permitted assigns. Neither this
agreement nor any variation or modification of this
agreement or waiver of any of the terms or provisions hereof
shall be deemed valid and binding upon Bizfon unless in
writing, signed by an officer of Bizfon and delivered by
Bizfon to Purchaser. Failure by
either party to enforce the terms hereof shall not be deemed
a waiver of future enforcement of that or any other term.
This agreement shall be construed
and interpreted in accordance with the laws of the State of
New Hampshire.
Notification
Notices under this agreement shall be in writing and
forwarded registered or certified mail, postage prepaid.
Notices to Bizfon shall be addressed to Bizfon, Inc.; 50
Stiles Road; Salem, New Hampshire 03079.
Notices to purchaser shall to be to the Purchaser's
principal business address or at its address set forth on
the face of this agreement. |