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Store Policies

TERMS & CONDITIONS Modem Express General Terms and Agreements Acceptance The terms and conditions of this order become the exclusive and binding agreement between Modem Express, Inc. (herein known as "MEI") and the Buyer covering the purchase of the goods, equipment or services of such goods and equipment ordered when the order is accepted by commencement of performance. Acceptance of this order is expressly limited to the terms hereof. Additional or different terms will not be applicable unless agreed upon in writing by the Buyers and MEI. Terms of Payment Payable upon receipt of invoice, unless otherwise expressly agreed upon in writing by MEI. All extended use service charges will be passed on to the customer. Late Charges All invoices not paid within ten (10) days of the due date, customer shall be responsible and pay to MEI on demand a late charge thereon from the due date until payment in an amount equal to the maximum rate permitted by law. Limitation of Liability In no event, whether as a result of breach of contract or warranty, tort (including negligence) or otherwise, shall MEI be liable for any consequential, incidental or exemplary damages, including without limitation, any loss of profit or revenues, loss of use of any equipment or goods or downtime costs. NO OTHER WARRANTY EXPRESSED OR IMPLIED INCLUDING THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WILL APPLY TO EQUIPMENT AND GOODS SOLD. Prices do not include any taxes. Taxes will be added to the invoice as required by law to be billed and collected. These taxes will be paid by the Buyer (Rentee) unless the Buyer provides a proper tax exemption certificate DISCLAIMER EXCLUSIONS OF WARRANTIES The parties agree that the implied warranties of merchantability and fitness for a particular purpose and all other warranties express or implied, including without limitation warranties as to description, quality or productiveness and excluded from this transaction and shall not apply to the goods or equipment sold unless the parties shall otherwise agree in writing. In so much as MEI acquires certain software and/or hardware from manufacturers, MEI can not accept responsibility or can it warrant that such hardware or software shall operate currently with respect to all date-data and date related calculations beginning the calendar year 2000. MEI's liability is outlined in accordance with above, Limitation of >ability, of the Agreement of services. Upon written request from the customer, MEI will provide the Customer with the specific Manufacturers Warranty(s) required.

Miscellaneous All Terms and Conditions are subject to the Laws of Minnesota. Any oral statements about the goods or equipment do not constitute warranties. They shall not be relied upon by the Customer and are not part of the agreement.

SALES TERMS AND CONDITIONS Equipment and goods are shipped F.O.B. Shipping Point. Payment terms are: "Due upon Receipt of Invoice." All goods or equipment sold by MEI are subject to warranty (90 Day unless otherwise noted.) Nonpayment or delinquent payment (5 days or more) "voids" warranty. MEI will, at its description, repair or replace any malfunctioning equipment or goods, provided payment is made in due course, except in cases of improper application or misuse of goods or equipment by the customer. The duty to replace is the "sole and exclusive" warranty given and is in lieu of all other warranties express or implied. No equipment or goods will be accepted for warranty repair without prior authorization from MEI, Upon approval, a return authorization will be issued to customer. Customer is liable for freight costs both ways. All shipments may be insured upon request by customer for full value of the goods or equipment purchased. In case of shipping damage, warranty does not apply, it is customer's responsibility to contact forwarder promptly and register a claim. Concealed damage should be reported at once and claim made to forwarder in writing. All sales are NONCANCELABLE. The purchaser may not elect a third party, and MEI will not accept any obligation to re-bill or otherwise change mode of billing or responsibility for payment. This includes leasing companies, banks, or other parties who may wish to gain title to "the goods or equipment." MEI retains title to all purchased goods and equipment until the sales invoice is paid in full, at which time title will convey to the buyer. Invoices are pro forma and do not convey title until paid. Prices are subject to change without notice. MEI is not responsible for typographical errors. Unless otherwise indicated or agreed, each electronic instrument is shipped, calibrated, and guaranteed to meet manufacturer's original specifications. Modem Express Terms and Conditions of Use This web site, including any subsite accessible through the homepage, (the "Site") is published and maintained by subsidiaries, affiliates and/or related entities of Modem Express, Incorporated ("MEI"). When you access, browse or use this Site you accept, without limitation or qualification, the terms and conditions set forth below and any additional terms and conditions of use set forth in any subsite. Your Right to Use the Site and Its Contents This Site is only for your personal use. You may not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. As long as you comply with the terms of these Terms and Conditions of Use, MEI grants you a non-exclusive, non-transferable, limited right to enter, display and use this Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way. Ownership All materials on this Site are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the content. Links This Site may contain links to other Internet sites on the World Wide Web. MEI provides such links for your convenience only, and is not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that MEI approves of, endorses or recommends that site. MEI disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. MEI's Right to Change These Terms and Conditions of Use or Content on the Site MEI may add to, change or remove any part of these Terms and Conditions of Use at any time, without notice. Any changes to these Terms and Conditions of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes. MEI may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability. Indemnification You agree to indemnify, defend and hold MEI and all of its agents, directors, employees, information providers, licensors and licensees, officers and parent, (collectively, "Indemnified Parties") harmless from and against any and all liability and costs (including, without limitation, attorneys' fees and costs), incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions of Use or the foregoing representations, warranties and covenants. You will cooperate as fully as reasonably required in MEI's defense of any claim

 

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