Professionalism, Integrity, Ethics
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Professionalism, Integrity, Ethics |
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 DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
These terms and conditions ("Agreement") apply to your purchase of products
("Product") and/or services ("Service") and/or support ("Support") sold in the United
States by The Rader Network.("TRN") on the invoice provided to you. By accepting delivery of the Product,
Service, or Support, you accept and
are bound to the terms and conditions of this Agreement. If you do not wish to
be bound by this Agreement, you must notify TRN immediately. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A
SEPARATE PURCHASE AGREEMENT WITH TRN, IN WHICH CASE THE SEPARATE AGREEMENT
SHALL GOVERN; OR (II) OTHER TRN TERMS AND CONDITIONS APPLY TO THE TRANSACTION.
Other Documents. This Agreement may not be altered, supplemented, or amended by
the use of any other document(s) unless otherwise agreed to in a written
agreement signed by both you and TRN. If you do not receive an invoice in the mail, via e-mail, or with your Product,
Service, or Support, information about your purchase may be obtained by contacting your sales representative.
Payment Terms; Orders; Quotes; Interest. Terms of payment are within
TRN's sole discretion. Payment for the Product, Service, or Support will be
made by credit card, wire transfer, or some other prearranged payment method
unless credit terms have been agreed to by TRN. Invoices are due and payable
within the time period noted on the front side of the invoice, measured from
the date of the invoice. TRN may invoice parts of an order separately. Your
order is subject to cancellation by TRN, at TRN's sole discretion. TRN is not responsible for pricing, typographical,
or other errors, in any offer by TRN and reserves the right to cancel any
orders resulting from such errors.
Shipping Charges; Taxes; Title; Risk of Loss. Shipping and handling are
additional unless otherwise expressly indicated at the time of sale. Loss or
damage that occurs during shipping by a carrier selected by TRN is TRN's responsibility. Loss or damage that occurs during shipping by a carrier selected
by you is your responsibility. You must notify TRN within 21 days of the date
of your invoice if you believe any part of your purchase is
missing, wrong, or damaged. Unless you provide TRN with a valid and correct tax
exemption certificate applicable to your purchase of Product, Service, or
Support, and the ship-to location, you are responsible for sales and other taxes associated with
the order. Shipping dates are estimates only. Title to software will remain with
the applicable licensor(s).
Warranties. THE LIMITED WARRANTIES APPLICABLE TO TRN PRODUCT,
SERVICE, OR SUPPORT CAN BE FOUND IN THE
DOCUMENTATION TRN PROVIDES. TRN MAKES NO WARRANTIES FOR
NON-TRN PRODUCT, SERVICE, OR SUPPORT. SUCH PRODUCT, SERVICE, OR SUPPORT IS PROVIDED BY
TRN "AS IS". WARRANTY AND SERVICE FOR NON-TRN PRODUCT, SERVICE,
OR SUPPORT, IF ANY, IS PROVIDED
BY THE ORIGINAL MANUFACTURER, NOT BY TRN. TRN MAKES NO EXPRESS WARRANTIES
EXCEPT THOSE STATED IN TRN'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE
DATE OF THE INVOICE. WARRANTIES AND SERVICE
WILL BE EFFECTIVE, AND TRN WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES AND
SERVICES, ONLY UPON TRN'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE
WARRANTED OR SERVICED.
Software. All software is provided subject to the license agreement that is part
of the software package and you agree you will be bound by such license
agreement.
Return Policies; Exchanges. You must contact us directly before you attempt to return Product to obtain a
Return Material Authorization (RMA) number for you to include with your return. You
must return Product to us in their original or equivalent packaging. You are
responsible for risk of loss, shipping, and handling fees for returning or
exchanging Product. Additional fees may apply. If you fail to follow the return
or exchange instructions and policies provided by TRN, TRN is not responsible
whatsoever for Product that is lost, damaged, modified, or otherwise processed
for disposal or resale. At TRN's discretion, credit for partial returns may be
less than invoice or individual component prices due to bundled or promotional
pricing.
Changed or Discontinued Product. TRN's policy is one of ongoing update and
revision. TRN may revise and discontinue Product at any time without notice to
you and this may affect information you may have saved. TRN will ship
Product that have the functionality and performance of the Product ordered, but
changes between what is shipped and what is described in a specification sheet
or catalog are possible. Parts used in repairing or servicing Product may be
new, equivalent-to-new, or reconditioned.
Service and Support. Service offerings may vary from Product to Product. If you
purchase optional services and support from TRN, TRN and/or your third-party
service provider will provide such service and support to you in the United
States in accordance with the terms and conditions as mailed to you. You may contact
TRN for more information. TRN and/or the third-party service provider may at
their discretion, revise their general and optional service and support programs
and the terms and conditions that govern them without prior notice to you.
TRN has no obligation to provide service or support until TRN has received full
payment for the Service and/or Support contract you purchased. TRN is not
obligated to provide Service or Support you purchase through a third party and
not TRN.
Limitation of Liability. TRN 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. TRN 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, TRN 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.
Applicable Law; Not For Resale or Export. You agree to comply with all
applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only,
and not for resale or export. TRN has separate terms and conditions governing
resale of Product, Service, or Support by third parties and transactions outside
the United States.
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 TRN ARISING FROM OR RELATING TO THIS AGREEMENT, ITS INTERPRETATION,
OR THE BREACH, TERMINATION OR VALIDITY THEREOF, THE RELATIONSHIPS WHICH RESULT
FROM THIS AGREEMENT, TRN'S ADVERTISING, OR ANY RELATED PURCHASE SHALL, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE
OF COLORADO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
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.
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 TRN, ITS AGENTS, EMPLOYEES, PRINCIPALS, SUCCESSORS, ASSIGNS, AFFILIATES (COLLECTIVELY FOR PURPOSES OF THIS PARAGRAPH, "TRN") 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), TRN'S 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 WWW.ARB-FORUM.COM OR VIA TELEPHONE AT 800-474-2371). THE ARBITRATION WILL BE LIMITED SOLELY TO THE DISPUTE OR CONTROVERSY BETWEEN CUSTOMER AND TRN. NEITHER CUSTOMER NOR TRN 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. TRN WILL BE RESPONSIBLE FOR PAYING ANY ARBITRATION FILING FEES AND FEES REQUIRED TO OBTAIN A HEARING TO THE EXTENT SUCH FEES EXCEED THE AMOUNT OF THE FILING FEE FOR INITIATING A CLAIM IN THE COURT OF GENERAL JURISDICTION IN THE STATE IN WHICH YOU RESIDE. 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.