Warranties
Customer understands that Computer Works Consulting Group, LLC is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Computer Works Consulting Group, LLC. In purchasing the products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications, photographs or other illustrations representing the products that may be provided by Computer Works Consulting Group, LLC or its affiliates. Computer Works Consulting Group, LLC AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Pricing Information; Availability Disclaimer
All pricing is subject to change. Computer Works Consulting Group, LLC reserves the right to make adjustments to pricing and products for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, Computer Works Consulting Group, LLC cannot guarantee that it will be able to fulfill Customer’s orders
1.Reselling. You may resell Products to end-users approved by Computer Works Consulting Group, LLC, in Computer Works Consulting Group, LLC's sole discretion, only after you have added value to the Products through the addition of hardware, software, or services. Approval by Computer Works Consulting Group, LLC shall not be deemed from the sale of Product to you. You may not resell to Consumer, Education, Healthcare, Federal, State or Local sector customers nor to distributors, third party sales agents, remarket or sell through retail storefronts or auction-type Web sites. This Agreement is not exclusive. Computer Works Consulting Group, LLC may market Products to any third party directly or indirectly without any obligation or liability to you. This Agreement does not guarantee that you will make any sales of the Products. You determine or set your resale Product pricing. Computer Works Consulting Group, LLC reserves the right to restrict or prohibit your participation in certain promotions, add, modify, or discontinue pricing, Products and/or parts. Computer Works Consulting Group, LLC may require you to meet additional obligations not outlined herein, which will be disclosed to you prior to your purchase of Products. You will provide Computer Works Consulting Group, LLC such information and reports as may reasonably be requested by Computer Works Consulting Group, LLC.
Orders,Payments,Taxes
orders are not binding upon Computer Works Consulting Group, LLC until accepted by Computer Works Consulting Group, LLC. Terms of payment are within Computer Works Consulting Group, LLC's sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by Computer Works Consulting Group, LLC. Computer Works Consulting Group, LLC may invoice Customer separately for partial shipments. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold Computer Works Consulting Group, LLC harmless from, any applicable sales, use, transaction, excise or similar taxes (but not taxes imposed or measured by Computer Works Consulting Group, LLC's net income), and from any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of, or otherwise associated with the order. Customer must claim any exemption from such taxes, fees or charges at the time of purchase and provide Computer Works Consulting Group, LLC with the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of Computer Works Consulting Group, LLC’s costs of collection, including court costs, filing fees and attorneys fees.
Service and Support. Service offerings may vary from product to product. If you purchase optional services and support, Computer Works Consulting Group, LLC or a third party service provider will provide the optional service and support to you or your customer in the United States in accordance with the terms and conditions in effect at the time of your purchase located
Limitation of Liability. COMPUTER WORKS CONSULTING GROUP, LLC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, LOST PROFITS, LOSS OF BUSINESS, YOUR BREACH OF THIS AGREEMENT OR THE PROVISION OF SERVICES AND SUPPORT. COMPUTER WORKS CONSULTING GROUP, LLC WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR ON OUR WEB SITE TO THE CONTRARY, COMPUTER WORKS CONSULTING GROUP, LLC IS NOT RESPONSIBLE FOR INFORMATION YOU PROVIDE TO US UNLESS YOU HAVE A SEPARATE WRITTEN AGREEMENT OTHERWISE. YOU AGREE THAT FOR ANY LIABILITY ARISING FROM OR RELATED TO THE PURCHASE OF ANY PRODUCTS, COMPUTER WORKS CONSULTING GROUP, LLC IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT INVOICED BY COMPUTER WORKS CONSULTING GROUP, LLC FOR THE RESPECTIVE PRODUCTS. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
No Returns. Computer Works Consulting Group, LLC's return policies including but not limited to Computer Works Consulting Group, LLC's "Return Policies" do not apply to your purchase of Product or to your customers
Software. All software is provided subject to the license agreement that is provided with the Product. You agree that you and your customers will be bound by such license agreement.
Shipping Charges; Taxes. Shipping dates provided by Computer Works Consulting Group, LLC are estimates only. Shipping and handling are additional and will be shown on the invoice(s) or other documentation. Loss or damage that occurs during shipping by a carrier selected by Computer Works Consulting Group, LLC is Computer Works Consulting Group, LLC's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. Unless you provide Computer Works Consulting Group, LLC with a valid and correct tax exemption certificate applicable to the Product ship-to location at the time of purchase, you will be responsible for sales and all other taxes associated with the order, however designated, except for Computer Works Consulting Group, LLC's franchise taxes and taxes on Computer Works Consulting Group, LLC's net income.
Trademarks; Copyrights. You may use the "Computer Works Consulting Group, LLC" name and Computer Works Consulting Group, LLC's product names solely for the purpose of accurately identifying the Computer Works Consulting Group, LLC-branded Products you market and/or sell under this Agreement. You agree to change or correct, at your own expense, any material or activity that Computer Works Consulting Group, LLC decides is inaccurate, objectionable or misleading or a misuse of Computer Works Consulting Group, LLC's name, trademarks, service marks, or Computer Works Consulting Group, LLC's logos or copyrighted works. You may not use the Computer Works Consulting Group, LLC name and Computer Works Consulting Group, LLC's product names for any other purpose. You may not use other Computer Works Consulting Group, LLC trademarks or service marks, or Computer Works Consulting Group, LLC's logos or copyrighted works, at any time. You are prohibited from referring to yourself as an authorized reseller of Computer Works Consulting Group, LLC, implying that you and Computer Works Consulting Group, LLC are partners, creating the impression that Computer Works Consulting Group, LLC is affiliated with you or has sponsored, authorized, approved or endorsed your business, or any offer or any marketing, advertising or promotion thereof. You may not register or use any domain name or business name containing or confusingly similar to any name or mark of Computer Works Consulting Group, LLC's. You will clearly and prominently identify yourself in all offers and advertising, marketing and promotional materials relating to this Agreement
Reselling. You may resell Products to end-users approved by Computer Works Consulting Group, LLC, in Computer Works Consulting Group, LLC's sole discretion, only after you have added value to the Products through the addition of hardware, software, or services. Approval by Computer Works Consulting Group, LLC shall not be deemed from the sale of Product to you. You may not resell to Consumer, Education, Healthcare, Federal, State or Local sector customers nor to distributors, third party sales agents, remarket or sell through retail storefronts or auction-type Web sites. This Agreement is not exclusive. Computer Works Consulting Group, LLC may market Products to any third party directly or indirectly without any obligation or liability to you. This Agreement does not guarantee that you will make any sales of the Products. You determine or set your resale Product pricing. Computer Works Consulting Group, LLC reserves the right to restrict or prohibit your participation in certain promotions, add, modify, or discontinue pricing, Products and/or parts. Computer Works Consulting Group, LLC may require you to meet additional obligations not outlined herein, which will be disclosed to you prior to your purchase of Products. You will provide Computer Works Consulting Group, LLC such information and reports as may reasonably be requested by Computer Works Consulting Group, LLC.
NY Sales Tax: All customer invoice will apply New York State Sales Tax Rate of 8.625% , Unless Origination is tax exempt, and must be on file will Computer Works Consulting Group, LLC. |
