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Conditions of Use

E System Sales, Inc.
EZ System Sales
EZ Phone Systems
Certified Computer
Sales Terms and Conditions

The purchasers of products and / or services from EZ System Sales/EZ Phone Systems, or any affiliate thereof ("EZ System Sales/EZ Phone Systems,") are subject to the following terms and conditions.  The term "Purchaser" shall mean the party placing an order with EZ System Sales/EZ Phone Systems, and identified as such in any document attached hereto ("attachment"), this document and all attachments are hereinafter referred to as "this Agreement."  The terms and conditions set forth in this agreement shall constitute the entire agreement between EZ System Sales/EZ Phone Systems, and Purchaser relating to the sale of the products ("Products") and/or services ("Services") described in any attachment, or in an subsequent purchase or sales order.  No conflicting or final terms or conditions which may appear in any order or other document of Purchaser shall be of any force or effect unless accepted and agreed to in writing by an officer of EZ Phone Systems.

The prices under this agreement are F.O.B. point of shipment and exclusive of all sales, use, excise or other taxes.  The prices set forth shall be in effect until notice in writing from EZ System Sales/EZ Phone Systems,. reserves the right to adjust prices at its discretion with proper notice to Purchaser.

Purchaser shall pay all federal, state, municipal or other sales, use, excise or other taxes, assessments and charges assessed or levied against the products and/or services.  Purchaser agrees to pay to E System Sales/EZ Phone Systems, on request any federal, state, municipal or other sales, use, excise or other taxes, assessments or charges payable by E System Sales/EZ Phone Systems, with respect to the products and/or services of the sale thereof.

Delivery will be F.O.B. point of shipment.  Unless otherwise directed by Purchaser, E System Sales/EZ Phone Systems, will pre-pay the freight and bill Purchaser for shipping and handling charges.  Purchaser assumes all risk of loss during delivery of the Products by E System Sales/EZ Phone Systems, to the carrier.  In the absence of instructions to the contrary, E System Sales/EZ Phone Systems, on behalf of the Purchaser, shall exercise its own discretion as to the method of shipment to be used and the selection of the carrier but shall not be deemed thereby to assume any liability in connection with the shipment nor shall the carrier thereby be deemed an agent of E System Sales/EZ Phone Systems.  No goods shall be returned for credit or replacement without prior RMA authorization by E System Sales.  All good returned without such prior authorization will not be accepted by E System Sales/EZ Phone Systems, and will be returned to the purchaser freight collect.

When you receive your shipment, locate your packing slip and compare it to your E System Sales Invoice.  Please unpack your shipment carefully to be sure every piece you have purchased has been shipped.

Except as otherwise stated in any attachment, terms are net due upon purchase.  Payment method will be check (must wait 10 days for all out of state checks), money order or credit card (Visa, MasterCard, American Express or Discover).  Lease options for qualified Purchasers will be covered under a lease agreement.  Buyer agrees to pay all credit card penalties, late charges, and collection fees.  Collection fees carry a minimum charge of 25% of total invoice or $125.

Check individual equipment manufacturer for product warranty information & details.  E System Sales, Inc. will advance replace defective hardware 30 days after purchase as per manufacturer instructions all other warranty will be through manufacturer.  All Comdial warranty will be done through Comdial as per Comdial warranty policy.

Disclaimer and Limitation of Liability:
E System Sales/EZ Phone Systems, shall in no event be liable for damages, including but not limited to incidental or consequential damages, for injury to any property or to any person, by reason of the person's negligence or otherwise in connection with the safety, delivery, installation or use of the products and/or provision of services pursuant to this agreement, and purchaser shall indemnify and hold harmless E System Sales/EZ Phone Systems against further liability.  Without limiting the generality of the foregoing, E System Sales/EZ Phone Systems, shall in no event be liable for lost profits or costs arising out of installation , replacement of hardware, or in connection with, this agreement.  Neither E System Sales/EZ Phone Systems, nor purchaser shall be liable for delay in the performance of any of its obligations under this agreement arising out of causes beyond its control, including but not limited to acts of God, governmental action, fires, floods, epidemics, quarantines, strikes, embargoes, or severe weather.

General Provisions:
This agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.  Neither this agreement nor any variation or modification of this agreement or waiver of any of the terms or provisions hereof shall be deemed valid and binding upon EZ Phone Systems unless in writing, signed by an officer of E System Sales/EZ Phone Systems and delivered by E System Sales/EZ Phone Systems to Purchaser.   Failure by either party to enforce the terms hereof shall not be deemed a waiver of future enforcement of that or any other term.  This agreement shall be construed and interpreted in accordance with the laws of the State of New Hampshire.

Software Licensing
Software purchased from E System Sales  is not returnable or transferable in any way.  Once your software is received please read and follow your End User License Agreement.  If you have any questions or concerns please call 800 619 9566.

POS & Phone Starter Kits & System Bundles
Purchasing a phone system or point of sale system starter kit or hardware.  Buyer agrees he or she has the necessary installation & configuration computer or phone skills or can provide an experienced computer or phone technician with the necessary installation & configuration skills unless installer technician is provided by E System Sales. Inc.  Systems will not be returned due to installation frustrations or lack of the necessary computer skills.

Equipment Returns
Equipment returned to
E System Sales/EZ Phone Systems for any reason shall be subject to a full refund of the purchase price, less the 20% re-stocking fee, shipping and handling fees, and charges for any installation services or services delivered.  Equipment must be returned in its original packing and be ready for resale. All out of the box returns shall be on a 50% buy back basis only.  No equipment shall be returned to E System Sales/EZ Phone Systems after 14 days of receipt.  All WARRANTY and RETURN equipment returned to E System Sales/EZ Phone Systems, must have a RMA (Return Merchandise Authorization) number issued by E System Sales/EZ Phone Systems.  All returned items without a RMA number will not be excepted by E System Sales/EZ Phone Systems.

Technical Support
Technical support is provided through the E System Sales/EZ Phone Systems help desk located at www.help.ezsystemsales.com.  In the event that the help desk does not provide adequate information or the end user or the installer is unable to resolve a problem, E System Sales/EZ Phone Systems, provides installation support for 15 days from the first initial phone call for end users and for installers.  Email support is available free.  Complete programming support is available over the telephone at a flat rate of $65 for the first hour and billed in 15 minute increments after the first hour is completed.

Credit Card Charge Backs.
All credit card charge backs will be considered by E System Sales as a refusal to pay for delivered equipment.  All delinquent invoices will be immediately sold to Bilateral Credit Corporation for collections.  Bilateral Credit Corporation will add a 15% collections fee to your existing balance.

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- 2009 E System Sales, Inc.

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