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E System Sales, Inc.
EZ System Sales
EZ Phone Systems
Certified Computer
ESSI Store Fixtures
=ESSI=
Sales Terms and Conditions

PLEASE READ CAREFULLY

For any reason if you do not understand any part of your ESSI Invoice or these terms of sale, please call 661 254 2228

The purchasers of products and / or services from E System Sales, Inc. or any affiliate there of ("E System Sales, Inc.") are subject to the following terms and conditions.  The term "Purchaser" shall mean the party placing an order with E System Sales, Inc. 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 E System Sales, Inc. and Purchaser relating to the sale of the products ("Products") and/or services ("Services") described in any attachment, or in an 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 E System Sales, Inc.

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 E System Sales, 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 E System Sales, Inc. on request any federal, state, municipal or other sales, use, excise or other taxes, assessments or charges payable by E System Sales, Inc. 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, E System Sales, Inc. 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 E System Sales, Inc. to the carrier if not signed for as damaged with damage noted on the Proof of Delivery.  In the absence of instructions to the contrary, E System Sales, Inc. 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 E System Sales, Inc.  No goods shall be returned for credit or replacement without prior RMA authorization by E System Sales.  All good returned without such prior authorization will not be accepted by E System Sales, Inc. and will be returned to the purchaser freight collect.

When you receive your shipment, locate your packing slip and compare it to your E System Sales, Inc. Invoice.  Please unpack your shipment carefully to be sure every piece you have purchased has been shipped.

Payment:
Except as otherwise stated in any attachment, terms are net due upon purchase.  Payment method will be check (must wait 10 days for all out of state checks), money order or credit card (Visa, MasterCard, American Express or Discover).  Lease options for qualified Purchasers will be covered under a lease agreement.  Buyer agrees to pay all credit card penalties, late charges, and collection fees.  Collection fees carry a minimum charge of 25% of total invoice or $125.

Warranty:
Check individual equipment manufacturer for product warranty information & details.  E System Sales, Inc. will advance replace defective hardware 30 days after purchase as per manufacturer instructions all other warranty will be through manufacturer.  All Comdial & Vodavi  warranty will be done through Vertical as per Vertical warranty policy.  Most manufacturers provide a 30 day advance replacement out of box failure and the proceeding warranty is done by repair. 

Disclaimer and Limitation of Liability:
E System Sales, Inc.  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 safety, delivery, installation or use of the products and/or provision of services pursuant to this agreement, and purchaser shall indemnify and hold harmless E System Sales, Inc. against further liability.  Without limiting the generality of the foregoing, E System Sales, Inc. shall in no event be liable for lost profits or costs arising out of installation , replacement of hardware, or in connection with, this agreement.  Neither E System Sales, Inc. 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 EZ Phone Systems unless in writing, signed by an officer of E System Sales, Inc. and delivered by E System Sales, Inc. 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.

Software Licensing
Software purchased from E System Sales  is not returnable or transferable in any way.  Once your software is received please read and follow your End User License Agreement.  If you have any questions or concerns please call 800 619 9566.

Phone Starter Kits & System Bundles
Purchasing a phone system starter kit or hardware.  Buyer agrees he or she has the necessary installation & configuration computer or phone skills or can provide an experienced computer or phone technician with the necessary installation & configuration skills unless installer technician is provided by E System Sales. Inc.  Systems will not be returned due to installation frustrations or lack of the necessary computer skills.

Free Basic Remote Phone System Programming
Via an existing internet connection and a Windows PC, includes 60 days of updates.  Remote phone system programming requires the phone system to be connected to your existing computer network.

Equipment Returns
Equipment returned to
E System Sales, Inc. for any reason other then warranty, shall be subject to a full refund of the purchase price, less the 20% re-stocking fee, shipping and handling fees, and charges for any installation services or services delivered.  Equipment must be returned in its original packing and be ready for resale. All out of the box returns shall be on a 50% buy back basis only.  No equipment shall be returned to E System Sales/EZ Phone Systems after 14 days of receipt.  All WARRANTY and RETURN equipment returned to E System Sales, Inc. must have a RMA (Return Merchandise Authorization) number issued byE System Sales, Inc.  All returned items without a RMA number will not be excepted by E System Sales, Inc.

Freight Returns must be professionaly placed and packed on a pallet in a way that the merchandise on the said pallet does not fall off of the pallet or is damaged because of improper packing on the return shipment.  It is best to wrap goods placed on a pallet in a layer of cardboard and then wrapped in plastic pallet shipment wrapping.  Besure to insure the return freight for the value of the contents of the return shipment.

Small Parcel Returns must be packed in a suitable box and stuffing so damage does not occure on the return shipment.  Beasure to insure the return parcel for the value of the contents of the shipment

Shipping Freight on Pallets
All Truckload Shipments, and Less Then Truck Load Shipments must be thourly insoected for damage and damage must be notated on the Proof of Delivery before signing for shipment.  Please carefuly read your Proof of Delivery for accuracy before signing it.  Compare the pallet count between what you received and what is listed on your Proof of Delivery.  We do not have the capability to move shipments up any stairs.  Shipments move on the ground floor only.

Gondola Store Shelving
Is comprised of steel components such as the uprights, base shoes, spanners, front kick plate, base covers, base shelves, and upper shelves.  Wood components included the backboards.  Plastic components include upright cover and upright caps.  .Assembly Required

Gondola Shelving in Stock
We stock and re-stock Gondola Shelving in the most popular sizes and colors. Colors include: Beige / Sahara, Beige / Platinum, and Black / Satin Black.  At times we sell out of a particular item and have to re-stock.  All other colors and sizes are by special order only and special order terms apply.

Store Fixture & Gondola Store Shelving Return Policy
30% Restocking Fee minus shipping on returned Gondola Store Shelving in the Sahara Beige Color.  All other colors and store fixtures not returnable. - Special Order items not returnable.

Special Order
Special Order items are not returnable and require up to 6 to 8 weeks for shipping.

Free US Ground Shipping
Via DHL, Fedex, UPS, USPS or any other carrier.  Includes lower US 48 states.  Excluding Alaska, Hawaii, and Puerto Rico.

Technical Support
Technical support is provided through the E System Sales, Inc. help desk located at www.help.ezsystemsales.com unless otherwise noted on your invoice.  In the event that the help desk does not provide adequate information or the end user or the installer is unable to resolve a problem, E System Sales/EZ Phone Systems, provides installation support for 15 days from the first initial phone call for end users and for installers.  Email support is available free.  Complete programming support is available over the telephone at a flat rate of $65 for the first hour and billed in 15 minute increments after the first hour is completed.

Credit Card Charge Backs.
All credit card charge backs will be considered by E System Sales as a refusal to pay for delivered equipment.  All delinquent invoices will be immediately sold to Bilateral Credit Corporation for collections.  Bilateral Credit Corporation will add a 15% collections fee to your existing balance.

If there is a dispute over this agreement California Law shall apply.  The venue for any dispute of this agreement shall be held in the state or federal court of Los Angeles County in California.

In the event of any dispute of this agreement the prevailing party will be entitled to recover all costs including reasonable attorneys fees incured there in.


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