Standard Terms and Conditions of Sale
These terms and conditions govern the sale of Products (“Product or Products”) and provisions of services (“Services”) by Link Source IT, LLC (Link Source IT) and its affiliates (“Seller”) as well as by third party vendors and/or service providers of Seller. These terms and conditions (“Agreement”) take precedence over Buyer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither Seller’s commencement of performance or delivery shall be deemed or construed as acceptance of Buyer’s supplemental or conflicting terms and conditions. Link Source IT’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement. Buyer’s acceptance of the Products and/or Services from Seller shall be deemed to constitute acceptance of the terms and conditions contained herein.
Terms and Conditions
- Orders: All orders placed by Buyer are subject to acceptance by Seller. Orders may not be cancelled or rescheduled without the Seller’s written consent. All orders must identify the products, unit quantities, part numbers, applicable prices and, when applicable, requested delivery dates of the Products being purchased.
- Prices: The prices of the Products are those prices specified on the front of the invoice. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation.
- Taxes: Unless otherwise agreed to in writing by Seller, all prices quoted are exclusive of all taxes including all federal, state and local sales excise and value added, goods and services taxes, and any other taxes. Buyer agrees to indemnify and hold Seller harmless for any liability for tax in connection with the sale, as well as the collection and withholding thereof, including penalties and interest thereon. When applicable, taxes shall appear as separate items on Seller’s invoice.
- Payment: Payment may be made by check, money order, credit card or wire transfer. Where Seller has extended credit to Buyer, terms of payment shall be net thirty (30) days from date of invoice without offset or deduction. On any past due invoice, Seller may impose interest at the rate of one and one half percent [1.5%] per month. In the event of default of Buyer, Seller shall be entitled to costs, fees and expenses, including but not limited to recovery of attorney fees, court costs and fees and collection costs.
- Returns: All software Product sales are considered final unless otherwise agreed upon in writing by Seller. Non-Software Product may only be returned within a 30 day window from date of order and with prior written approval from Link Source IT. All returns may be subject to a 15% restocking fee.
- Return Freight / Restocking Fee: Reasonable cancellation or restocking charges may include a minimum 15% restocking fee, this will be deducted from the Customer refund. Link Source IT does not refund the original shipping and handling that the Customer paid on the order. Customer must prepay the return freight charges. Link Source IT will not accept COD shipments.
- Refunds: Link Source IT will notify Customer upon receipt and inspection of returned item(s) and will advise of refund status. Upon approval of return and refund, Link Source IT will initiate a credit within 48 hours to the original method of payment. Credits to credit cards can take up to 10 business days to post to the account.
- Services: Customers may order Services from or through Seller from time to time. Certain Services may be provided by third parties, including, but not limited to, extended warranty service by manufacturers, and are sold by Seller as distributor or sales agent (“Third Party Services”). In the case of Third Party Services, Customer shall consider the third party to be the contracting party and the third party shall be the party responsible for providing the services to the Customer and Customer will look solely to the third party for any loss, claims or damages arising from or related to the provision of such Third Party Services. Where Services are ordered in a Statement of Work, each Statement of Work hereby incorporates these Terms and Conditions and constitutes a separate agreement with respect to the Services performed. Seller, or any of its Affiliates on behalf of Seller, may execute a Statement of Work. In the event of an addition to or a conflict between any term or condition of the Statement of Work and these Terms and Conditions, these Terms and Conditions will control, except as expressly amended in the applicable Statement of Work by specific reference to this Agreement. Each such amendment will be applicable only with respect to such Statement of Work and not to future Statements of Work. Changes to the scope of the Services described in a Statement of Work will be made only in a writing executed by authorized representatives of both parties. Seller will have no obligation to commence work in connection with any such change, unless and until the change is agreed upon in that writing executed by both parties. All such changes to the scope of the Services will be governed by these Terms and Conditions and the applicable Statement of Work. Each Statement of Work may be signed in separate counterparts each of which shall be deemed an original and all of which together will be deemed to be one original.
- General: (a) The laws of the State of Oregon will exclusively govern any dispute between Seller and Buyer, (b) Buyer may not assign this Agreement without the prior written consent of Seller. Seller and its affiliates may perform the obligations under this Agreement. This Agreement is binding on its successor and assigns, (c) Products, including software or other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or end user licensing agreements (EULA).