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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 Agreement contains the terms and conditions that apply to your purchase from ColorID, LLC (COLORID) that will be provided to you ("Customer") on orders for COLORID products. By accepting delivery of COLORID products, and/or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH COLORID, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER COLORID STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in COLORID’s sole discretion.
- OTHER DOCUMENTS. 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) or services and support that are 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 COLORID.
- GOVERNING LAW. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA AND THE COUNTRY OF THE USA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
- PAYMENT TERMS; ORDERS; QUOTES; INTEREST. Terms of payment are within COLORID’s
sole discretion, and unless otherwise agreed to by COLORID, payment must be
received by COLORID prior to COLORID’s acceptance of an order. Payment
for the products and services and support will be made by credit card or some
other prearranged payment method unless credit terms have been agreed to by
COLORID. Invoices are due and payable within the time period noted on the invoice,
measured from the date of the invoice. COLORID may invoice parts of an order
separately. Orders are not binding upon COLORID until accepted by COLORID.
Any quotations given by COLORID 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 COLORID’s invoice(s). Unless Customer provides COLORID with a valid and correct tax exemption certificate applicable to the product ship-to location prior to COLORID’s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except for COLORID’s franchise taxes and taxes on COLORID’s net income. If applicable, a separate charge for taxes will be shown on COLORID’s invoice.
- TITLE; RISK OF LOSS. Title to products passes from COLORID to Customer on shipment from COLORID’s facility. Loss or damage that occurs during shipping by a carrier selected by COLORID is COLORID’s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer’s responsibility.
- WARRANTIES. COLORID MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN COLORID’S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE, AND COLORID WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES, ONLY UPON COLORID’S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. COLORID DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COLORID’S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN COLORID’S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE.
- EXCHANGES. From time to time, COLORID may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with COLORID’s exchange policies in effect on the date of the exchange.
- PRODUCTS. COLORID’s policy is one of on-going product update and revision. COLORID may revise and discontinue products at any time. COLORID 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. COLORID DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN. COLORID 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. THIS LIMITATION OF LIABILITY APPLIES BOTH TO PRODUCTS AND SERVICES AND SUPPORT CUSTOMER PURCHASES UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, COLORID IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS UNDER THIS AGREEMENT.
- 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 there from.
ColorID, LLC ("COLORID") warrants that the products it sells will be free from defects in materials and workmanship. The warranty term is 6 months beginning on the date of invoice. Damage due to shipping the products to you is covered under this warranty. Otherwise, this warranty does not cover damage due to external causes, including accident, abuse, misuse, problems with your printer, usage not in accordance with product instructions, and failure to perform required preventive maintenance. COLORID will replace products returned to COLORID’s facility. To request warranty service, you must call COLORID within the warranty period. If warranty service is required, COLORID will issue a Return Authorization Number. You must ship the products back to COLORID in their original or equivalent packaging, prepay shipping charges, and insure the shipment or accept the risk of loss or damage during shipment. COLORID will ship the repaired or replacement products to you freight prepaid if you use an address in the U.S. (excluding Puerto Rico and U.S. possessions). Shipments to other locations will be made freight collect.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY (OR JURISDICTION TO JURISDICTION). ALL EXPRESS AND IMPLIED WARRANTIES FOR THE PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. COLORID DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS WARRANTY STATEMENT OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST DATA OR SOFTWARE. SOME STATES AND COUNTRIES (OR JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU.
Effective Date: March 1, 2005
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