Prices

All prices quoted are exclusive of taxes and freight charges.  Purchaser shall furnish to AGNITEK an appropriate Tax-Exemption certificate, if applicable.  Prices are subject to change without notice.  

Terms of Payment

All goods are payable upon placement of order, unless otherwise arranged.  Finance charges of 1.5% per month (not to exceed maximum allowed by law) shall be applied monthly to past due accounts.  Handling charges will be assessed for returned checks.  In the event of Purchasers default on payment for products purchased hereunder, Purchaser shall be responsible for all reasonable cost and expenses incurred by AGNITEK in collection of any sums owed by Purchaser.  Such reasonable costs and expenses of AGNITEK shall include, but not be limited to, reasonable attorneys fees, plus any other costs of such action.  AGNITEK shall not be obligated to make any further deliveries to Purchaser. 

Delivery

Shipment of all products shall be FOB AGNITEK.  In the event of carriers damage, loss, or mis-delivery of product, it shall be the responsibility of the Purchaser to deal with the carrier.  In the absence of specific shipping instruction, AGNITEK will select the method and carrier it deems best.  Delivery schedules are approximate only.  AGNITEK will make every reasonable effort to deliver on time, however, AGNITEK shall not be liable for late or lost shipments.  

Title

Title and risk of loss or damage to product shall pass to Purchaser upon delivery to carrier or Purchaser or Purchasers Agent at FOB point.  The above notwithstanding, Purchaser agrees that AGNITEK shall retain a purchase money security interest in all products sold to Purchaser, and to all products sold to Purchaser, and to all products now or hereafter acquired by Purchaser (the collateral) and to any proceeds from the disposition of said products until the purchase price and other charge due AGNITEK have been paid in full.  Upon any default by Purchaser hereunder, AGNITEK shall have all rights and remedies of a secured party under the Uniform Commercial Code, which rights shall be cumulative. 

Changes and Cancellations

Orders accepted by AGNITEK are not subject to change or cancellation by Purchaser except with AGNITEKs written consent and upon payment of an appropriate charge to cover the cost or loss incurred by AGNITEK which, unless otherwise agreed in writing, shall be not less that fifteen percent (15%) of the price of the goods subject to change or cancellation. 

Limitation of Liability

In no event shall AGNITEK be liable for any loss of use, revenue or anticipatory profit, or for any direct, indirect or consequential damage arising out of or connected with the sale, use or operation of goods sold. 

Return of Items

Returns are for repair or replacement only, and entirely at the sole discretion of AGNITEK.  In order to return an item, you must provide: 1) AGNITEKs invoice number and date (or AGNITEK Receipt), 2) Product model and serial number.  Any product returned to AGNITEK must be complete and in original condition (including all original documentation, manuals, parts, diskettes, packaging, cables, etc.) 

Credits/Exchanges

Returns on hardware are accepted within 30 days.  Special order hardware returns require a restocking fee, the minimum of which is 15%.  Returns of software are for replacement only, and entirely at the sole discretion of AGNITEK.  No returns issued for incompatibility.  Before installing product, check compatibility of product.  Product guaranteed to manufacturers specifications only. 

Warranty Period

All items sold by AgniTEK are covered by manufacturers warranty.  AgniTEK does not warrant items directly unless expressly noted.    AgniTEK will assist the customer to the best of its ability & within reason to obtain appropriate warranty support from the manufacturer.  Shipping for warranty returns or exchanges are usually covered by the manufacturer, but in the event that they do not, this cost will be past through to the customer. 

Service

Service for associated warranty items will be performed in our office, unless an onsite warranty is expressly noted.  It is purchasers sole responsibility to return the serviceable item to this location.  The limited warranty does not apply if: (a) the product is damaged by accident, improper installation, misuse, lightning, fire, water, electrical surges or other acts of nature. (b) The product is altered or repaired by anyone other than AGNITEKs authorized warranty station, or (c) the serial number is removed or tampered with.  This warranty does not cover broken or marred cabinets, cases or covers.  Should this product prove defective in workmanship or material, the Purchasers sole remedy shall be such repair or replacement as provided above.  Under no circumstances shall AGNITEK be liable for any loss or damage, direct, consequential, or accidental, arising from the use or inability to use this product.  AGNITEK makes no warranty other than the one set forth herein.  Such warranty is in lieu of all other warranties, express or implied, including but not limited to any expressed or implied warranty of merchantability or fitness for a particular purpose and such constitutes the only warranty made with respect to the goods.  Acceptance of this product constitutes acceptance of the stated policy terms and conditions.