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Terms of Sale

Terms of Sale

Standard Terms of Sale
All sales are subject to the following terms and conditions:

  1. Customer Acknowledgment.
    Customer acknowledges agreement with these Terms of Sale by the placement of an order to purchase a Product from The Telephone Man.

  2. All Sales Made In Hollywood, FL.
    All sales shall be deemed made in the State of Florida, County of Broward, USA, regardless of the location of the Customer.
    The Customer agrees that any dispute with The Telephone Man arising out of the Customer's purchase from The Telephone Man shall be
    brought by the Customer exclusively in the state or federal courts situated in the State of Florida, County of Broward; and the Customer
    hereby agrees that such venue is appropriate and that The Telephone Man's agreement to sell and deliver products to the Customer is
    dependent on this provision.  Customer also agrees that the prevailing party will be entitled to an award of reasonable attorney fees and costs.

  3. Purchase Price.
    (a) Prices and promotions are listed in The Telephone Man's catalogs and Web site, and are subject to change without notice.
         Prices for certain governmental, corporate, and institutional customers may be set forth in a bid or other written agreement between the parties.

          (b) Payment is due before shipment, unless credit terms have been arranged in advance with The Telephone Man's Credit Department.
               In such case, payment terms shall be as set forth in the credit agreement.  Accounts over 30 days are subject to a late payment charge
               of 1.5% per month or portion thereof from and after the invoice date until unpaid balance is paid in full.  This rate equals an 18% Annual
               Percentage Rate.

          (c) The Telephone Man collects sales and use taxes for sales made to residents of the State(s) of Florida.

Shipping Terms.
Shipping terms are: F.O.B. Hollywood , FL.  The Telephone Man will arrange payment for shipping with the carrier, but such costs are the
responsibility of Customer. Risk of loss or delay is upon you the Customer once The Telephone Man  delivers the Product to the carrier.
Delivery times are estimates only and The Telephone Man shall not be liable for delays.

  1. Vendor License Agreements.
    Customer agrees to abide by all license provisions or end user agreement imposed by the manufacturer or publisher.

  2. International.
    Products sold by The Telephone Man, including equipment and software, may be exported from the United States only in accordance
    with the Export Administration Regulations. Diversion contrary to United States law is prohibited. Customer warrants and represents that
    it is eligible to receive Products under United States law and agrees to abide by any export or re-export restrictions imposed by the
    manufacturer or publisher.

  3. LIMITED MANUFACTURER'S WARRANTY.
    (a) The Telephone Man warrants that it has good title to the new hardware Products it sells, and that it has proper authority to license
          the software Products it distributes

          (b) The Telephone Man does not warrant the performance or integrity of any Product, but merely passes through to the Customer
                whatever end-user warranty the manufacturers or software publishers provide with their respective Products.

          (c) Statements made to you in the course of any prior, current, or future sales are subject to the year 2000 information and readiness disclosure                                  act, (_U.S.C._) (P.L. 105-271). In the case of a dispute, this act may reduce your legal rights regarding the use of any such statements, unless otherwise                specified by your contract or tariff.

          (d) The Telephone Man  DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, INCLUDING MERCHANTABILITY AND USE FOR A
                PARTICULAR PURPOSE.

          (e) The Telephone Man's  1 year  warranty on used / refurbished equipment begins on the day of the The Telephone Man Invoice.

  1. LIMITATION OF LIABILITY.
    In no event shall THE TELEPHONE MAN be liable for special, incidental, or consequential damages, including but not limited to loss of profit or opportunity. Customers sole and exclusive remedy is stated in the manufacturer's or publisher's end user warranty accompanying the product. In no event shall THE TELEPHONE MAN's liability exceed the repair, replacement or cost of the specific product purchased from THE TELEPHONE MAN. Some states may not recognize a disclaimer or limitation of warranties and/or limitation of liability so the above disclaimers may not apply. Customer may also have different and/or additional rights and remedies that vary from state to state.

  2. Returns.
    Returns of Products are subject to The Telephone Man's current return policies, which are set forth in the catalogs, Web site, and shipping statement,
    subject to any additional or lesser return rights adopted by the manufacturer or publisher.
    Read our Returns Policy

          (b) 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.

          (c) The Telephone Man shall not be responsible for damages or delays resulting from Acts of God, and from other actions, both governmental
          and otherwise, including but not limited to war, riot, seizure, and embargo.

          (d) These Terms of Sale may be modified from time to time by The Telephone Man without notice, and are current as of the date of the then
          current catalog or Web site. Please refer to the current catalog or Web site.

 

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