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General Terms
The following terms and conditions apply to all sale transactions identified on this invoice. These terms are incorporated in the sale. These terms and conditions, as published on Parrot Digigraphic’s Web site located at www.parrotcolor.com at the time of sale, are the official terms and conditions of sale between Parrot Digigraphic and Purchaser and may be amended from time to time without notice at Parrot Digigraphic’s sole discretion.
Products
The terms "products" shall refer collectively to all hardware, software, equipment, software, supplies and services, including contract development and consulting as may required for a fee, ordered under this agreement.
Services
The term "services" shall refer to contract development or consulting.
Terms of Sale
Net cash on equipment, software, products, supplies or services unless otherwise specified on this invoice.
Payment
Payment is due when you receive our invoice. All applicable taxes shall be added to your payment amount (unless you provide proof of your tax tax-exempt status). These taxes include, but are not limited to, sales and use, rental, excise, gross receipts and occupational or privilege taxes.
Taxes
Buyer agrees to pay any tax imposed by the federal, city, state or local authority or in lieu thereof, buyer shall provide seller with a tax exemption certificate acceptable to the taxing authorities.
Credit History
As part of this transaction, Parrot may investigate buyer's credit history. This investigation may include requesting from buyer and/or buyer's vendors a copy of buyer's credit report and related material.
Title
Title to goods delivered under this agreement does not pass to buyer until such goods are paid for in full. If invoices are unpaid and overdue, Customer agrees to pay Parrot the cost of collection, including the maximum attorney's fees permitted by Massachusetts law, said fee not to exceed one-third (33 1/3%) of the amount due hereunder.
Shipment
All prices quoted F.O.B. Parrot shipping point and are subject to adjustment to conform to Parrot's prices in effect on the date of shipment. Expedited orders must be placed before 3:00 pm EST for same day shipping. Ground orders ship in 1-3 business days. Applies to in stock items only.
General Returns Policy
There are no refunds for products unless the product is unopened or shown to be defective. Client must contact Parrot Digigraphic, Ltd. for a Return Authorization (RA) prior to returning any product. Product returned without a RA will not be accepted. No product returns will be authorized 30 days after shipment. All returns are subject to a 25% restocking charge for supplies, 30% for equipment. The restocking charge will be waived if Parrot determines that the product was defective. Shipping charges are not refundable.
Defective Products
If a customer identifies a potential problem with a product, the customer should contact Parrot and provide details. The customer should download and complete the Product Assessment Form. The Product Assessment form and samples exhibiting the nature of the problem should be sent to Parrot within five (5) business days. If the product is found to be non-compliant to its specifications, Parrot will authorize return of the product. Parrot customer service will immediately replace the defective item and charge the customer for the replacement item. When the defective product has been returned, Parrot will credit the customer's account for the cost of the product. All defective claims must be made within 30 days of shipment.
Damaged or Lost Goods
The purchaser will assume all risks and responsibility for the goods upon delivery of the goods to the purchaser or his agent. Purchaser or his agent should inspect contents of each shipment as soon as it arrives against packing slip included in box and verify the goods received. Loss or Damage must be reported to the carrier by the purchaser or his agent at the time of delivery by noting damage on the signed waybill. If the package arrives damaged, it is also the responsibility of the purchaser or his agent to report said damage to Parrot prior to unpacking the goods. Loss or damage that occurs during shipping by a carrier selected by Customer is the Customer's responsibility.
Warranty and Liability
Products distributed and sold by Parrot are warranted only to the extent of the original manufacturer's warranty, by the manufacturer, not Parrot. Please consult the manufacturer for support questions. Any product determined to be defective will be replaced upon prepaid return of unused defective product. Our liability is limited to product replacement only. In no event will Parrot be liable for indirect or consequential damages arising from the use or misuse of any of the products we sell or distribute. In general, the manufacturer's warranties do not apply to defects caused by accidents, misuse, abuse, tampering, improper storage or out of date product. For more information regarding manufacturer's warranty, please consult the manufacturer. Parrot does not guarantee estimates of longevity for archival products, nor is Parrot liable for any premature fading or deterioration of any sort. You as the buyer are liable to verify any estimates or other information given on our web pages directly or indirectly linked from it. Some information on our pages is quoted directly from manufacturer's web sites or other literature. Parrot assumes no liability for the veracity of these claims. All longevity estimates should be treated as such; Parrot is not liable for premature fading of prints or damage to printers through use of our products. Be sure to properly research your purchase and follow the manufacturer’s directions for applicability and usage.
Prohibition against assignment by buyer
Buyer may not assign any of buyer's rights or obligations under this Agreement without Parrot's written consent.
Breach by buyer
In the event that buyer breaches any term or condition of this Agreement, Parrot, in addition to other remedies afforded by Massachusetts laws, may require immediate payment of (a) all amounts then due; (b) reasonable attorneys fees not to exceed 333% of the purchase price; (c) any and all costs and/or expenses incurred by Parrot as a result of buyer's breach or as result of collection and (d) applicable interest at the rate of twelve (12%) per year. Only once these sums are paid in their entirety shall title pass to buyer. This clause does not prevent or limit Parrot from seeking other remedies as allowed under the Uniform Commercial Code.
Agreement
This order form contains the entire agreement of the parties as to its subject matter, and Parrot shall not be bound by any statement or promise made by any representative relative to this transaction which is not embodied herein. This sale is made by Parrot only on the herein terms, and any contrary terms contained in any purchase order are hereby expressly rejected by Parrot. No other supersedes all prior and contemporaneous oral and written agreements. Parrot may retain a copy of this Agreement, which shall be considered an original.
Applicable Law
This contract shall be governed by and construed according to the laws of the Commonwealth of Massachusetts
Parrot Digigraphic, Ltd.
630 Boston Road
Billerica, MA 01821
(978) 670-7766
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