1. GENERAL
The terms and conditions set forth herein shall apply to all sales by Ultra-X, Inc. (SELLER) of its products to Buyer and shall apply to all quotations made and purchase orders and transactions entered into by Seller and Buyer. To the extent of any conflict between the terms and conditions affixed to this form and/or specified by the Buyer, the terms and conditions noted herein shall control unless otherwise agreed to in writing by an Officer of the Seller. These terms shall apply to all products sold.
2. DELIVERY
The product shall be delivered F.O.B. to Sellers’ designated location. Buyer is responsible for all shipping related charges and at its discretion, is responsible for insuring goods against damage or loss during shipment in an amount not less than Buyer’s cost for such goods. At its discretion, Seller may prepay shipping cost for the Buyer and add cost to the payment due from the Buyer. Unless Buyer specifies a method of shipment the Seller may exercise reasonable discretion in selecting a carrier. Neither the Buyer nor Seller shall be liable for failures in performance including delay or non-delivery resulting from acts or events beyond its reasonable control. In the event of such a delay, the date of delivery, shall at the request of the Seller, be deferred for a period equal to the time lost by reason of the delay and otherwise for a reasonable time.
3. TAXES
The buyer shall pay all taxes, levies, or duties applicable to the goods sold or in lieu thereof, the buyer shall provide the Seller with a tax exemption certificate acceptable to the taxing authorities. Resale Cards (For California Only) need to be received by the Seller prior to any transaction taking place.
4. PAYMENTS
Ultra-X accepts prepayment via cash, major credit credit cards, bank wire transfers ETF, cashiers check and company check. If in the Seller’s judgment, the Buyer’s financial condition at any time does not justify the terms of payment specified, the seller may cancel any unfilled orders unless the Buyer immediately shall pay for any goods already delivered, or goods ordered but not yet delivered, or both, by certified check, approved credit cards, or bank wire transfer to an account specified by Seller.
Each shipment shall be considered a separate and independent transaction and payment shall be made accordingly. In the event of any default by the Buyer, the Seller may decline to make any further shipments without in any way affecting Seller’s rights under other orders. If despite any default by the Buyer, the Seller elects to continue to make shipments, Sellers action shall not constitute a waiver on any default by the Buyer or in any way offset the Seller’s legal remedies for such default.
A $25.00 fee will be imposed on all returned checks.
5. WARRANTIES/ GUARANTEES
(a)Ultra-X, Inc. warrants to the purchaser of Ultra-X, Inc. Products that they will be free from defects in title, material, and workmanship for a period equal to one (1) year for hardware products, or ninety (90) days for Software products, from the date of purchase. This warranty is made only to the original consumer (“purchaser”) and only if such consumer completes registration via mail, fax or email with-in fifteen (15) days after the date of purchase.
(b) Any failure due to improper use will be repaired or replaced at seller’s discretion and buyer’s expense. The rate for repairs of said merchandise is $60.00 per hour plus parts and shipping charges.
(c)RMA Repairs on Hardware are warranted for 30 days from the date of repair.
(d)The seller makes no express or implied warranties regarding the quality, merchantability, or fitness for purpose of the goods sold to buyer other than those that appear in the written warranties accompanying specific products.
(e)It is expressly agreed that the written warranties referred to in section (5) of terms of sale shall be in lieu of any and all other warranties including the implied warranties of merchantability and of fitness for use.
(f)Seller shall not be liable for any special, incidental, indirect or consequential damages such as lost profits and shall not be liable for damages that exceed the purchase
(g)Warranties and Technical Support are not transferable
6. RETURNS
Seller does not accept products returned without Seller’s written authorization and then only in accordance with Seller’s terms and instructions. The conditions for returning products are as follows:
(a)Buyer must prove that are the original owner by supplying the Seller with the original sales receipt /invoice.
(b)Buyer must secure an RMA number from Seller and have it displayed in large characters on the return package for Seller to accept shipment.
(c)All products must be returned complete, in the original packaging, with all manuals and documentation enclosed in "new, unaltered and unused condition"
(d)All hardware must be in original resalable condition.
(e) Must not be a special order or a custom order
A 15% re-stocking fee will be assessed on all returns. An RMA number must be obtained for all returns.
The following are not refundable: Software, Shipping/Freight, Hardware Upgrades, Software Upgrades, Updates sent via electronically (Email, Cloud Storage, etc.)
7. SECURING AN RMA NUMBER
Ultra-X, Inc. Technical Support Department issues RMA numbers at their discretion and only under the following conditions:
Package is unopened and an RMA number is secured less than thirty days after the original date of shipment.
Ultra-X, Inc. Technical Support Department has determined that the product has a problem covered by the warranty, which cannot be corrected in a reasonable amount of time, and Ultra-X, Inc. Technical Support has agreed to issue an RMA number.
RMA Numbers are valid only for 15 days after issuance.
8. ACCEPTANCE OF DELIVERY
Buyer’s acceptance of delivery of any product shall be considered conclusive evidence that Buyer acknowledges and agrees to the terms and conditions and contained herein as the sole and exclusive terms, condition and agreements governing the transaction.
9. ATTORNEY’S FEES AND COST
In the event of a dispute of any aspect of this agreement or part thereof, Buyer shall pay Seller’s reasonable attorney’s fees incurred in connection with the dispute as well as cost of suit.
10. GOVERNING LAW
The terms and conditions set forth herein constitute the entire terms of sale between the Buyer and the Seller. The rights and obligations arising hereunder, or in connection herewith shall be governed by the laws of the state of California
11. CONTROVERSY/CLAIM
Any controversyor claim arising out of or relating to this contract or the breach thereof shall be settled by arbitration in accordance with the union rules for better business bureau arbitration, and the judgment upon the award rendered by the arbitrators(s) may be entered in any court having jurisdiction thereof.
Ultra-X Inc
2075 De La Cruz Blvd Ste 101
Santa Clara, CA 95050
Customer Service Phone # +1 (408) 261-7090
Customer Service Email: info@uxd.com