Sales Terms and Conditions
PLEASE READ CAREFULLY
For any reason if you do not understand any part
of your FUTURE COMM Invoice or these terms of sale, please call
(775) 264 5050
The purchasers of
products and / or services from FUTURE COMM, LLC. or any affiliate
there of
("FUTURE COMM, LLC") are subject to the following terms and
conditions. The term "Purchaser" shall mean the party placing an
order with FUTURE COMM, LLC 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 FUTURE COMM, LLC 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 FUTURE COMM, LLC.
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
FUTURE COMM, LLC. 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 FUTURE COMM, LLC. on request any federal, state,
municipal or other sales, use, excise or other taxes, assessments
or charges payable by FUTURE COMM, LLC 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, FUTURE COMM, LLC. 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 FUTURE COMM, LLC. 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, FUTURE COMM, LLC. 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
FUTURE COMM, LLC. 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
FUTURE COMM, LLC. and will be returned to the purchaser freight
collect.
When you
receive your shipment, locate your packing slip and compare it
to your FUTURE COMM, LLC. 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. FUTURE COMM, LLC. 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:
FUTURE COMM, LLC. 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 FUTURE COMM,
LLC. against
further liability. Without limiting the generality of the
foregoing, FUTURE COMM, LLC. 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
FUTURE COMM, LLC. 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 FUTURE
COMM, LLC.
and delivered by FUTURE COMM, LLC. 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 FUTURE COMM,
LLC. 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 FUTURE
COMM, LLC. must have a RMA
(Return Merchandise Authorization) number issued byFUTURE
COMM, LLC. All returned items without a RMA number
will not be excepted by FUTURE COMM, LLC.
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,
Loss, and Damage
All Truckload and Less Then Truck
Load Shipments must be thouroly insected 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 between 8AM and 5PM Monday through Friday on the ground floor only.
Carriers have upto 180 days to settle loss and damaged freight
claims. Consignees have up to 30 minutes to inspect shiment
delivery for damage. ESSI will do everything in it's power
to expidite damage claims and replacement shipments although we
only provide one replacement shipment. A delivery
appointment will be included on most shipments unloading with a
Lift Gate.
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
FUTURE COMM, LLC. 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, FUTURE
COMM, LLC. 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.