Terms of Sale: United States

  1. This Product Order/Quote is subject to the terms and conditions of the Master Purchase Agreement or Master Product Agreement between Compucom and Customer, (a) the original equipment manufacturer or software developer (“OEM”) end customer terms and conditions (if any) applicable to a Product available on the OEM’s website or attached hereto as a Schedule, as applicable; and (b) the attached Return Material Authorization Policy . All Products that are or contain software are subject to the end user license agreement of the applicable software OEM as provided with the software packaging or in the software at time of shipment.
  2. Prices are quoted in U.S. Dollars. Pricing and availability of Products are subject to change without notice.
  3. Applicable taxes and delivery charges are not included in the charges for Products; they will be included in the invoice. Compucom shall submit invoices upon shipment of the Products.  All amounts for Products, applicable taxes, environmental fees, shipping and handling charges and any shipping insurance requested by Customer, are due and payable in U.S. dollars within thirty (30) days from the date of invoice.
  4. Errors & Omissions Excepted. Compucom reserves the right to correct errors on the Product Order/Quote where applicable. Changes to this Product Order/Quote are subject to written acceptance by Compucom.
  5. Pass-Through Warranty and Other Rights: As a reseller, end-user warranties and liabilities (with respect to any third party hardware and software products provided by Compucom) shall be provided as a pass-through from the manufacturer of such Products. Compucom does not provide, and hereby disclaims, any and all independent warranties, intellectual property indemnities or other product liability with respect to products.
  6. Customer may place an order by signing this Product Order/Quote and returning it to the Compucom Account Representative. Customer’s purchase order or other ordering document must reference the Quote number above and include a statement that “This purchase of Products from Compucom is subject to the Terms and Conditions in Compucom’s Product Order/Quote”.  For purposes of this Product Order/Quote and any sale of Products by Compucom, Customer’s purchase order shall be deemed a convenient ordering device only.  Any other terms and conditions contained in any purchase order or other ordering document provided by Customer shall not apply and are expressly rejected by Compucom.
  7. All orders are subject to acceptance by Compucom. Compucom is dependent upon availability of the Products from the Supplier and cannot guarantee any particular delivery dates.
  8. Product Title and Risk of Loss. Title to the Products and risk of loss shall pass to Customer when the Products are delivered to the transportation carrier. All shipping charges shall be invoiced to Customer.
  9. Cancellation or return of any Products ordered under this Product Order/Quote are subject to the Return Material Authorization Policy in Schedule 1.
  10. Customer agrees to provide Compucom with written notice of any disputed invoice items within fifteen (15) days of receipt of invoice and to pay all undisputed amounts under the invoice within thirty (30) days following date of invoice.
  11. COMPUCOM’S ENTIRE LIABILITY FOR ANY CLAIM ARISING FROM PRODUCTS, REGARDLESS OF LEGAL THEORY, SHALL NOT EXCEED THE FEES PAID FOR THE APPLICABLE PRODUCT(S). NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS PRODUCT ORDER/QUOTE, IN NO EVENT SHALL EITHER PARTY BE RESPONSIBLE TO THE OTHER FOR INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  12. In the event of a conflict between these Terms and Conditions and Customer’s master purchase agreement with Compucom, the Master Purchase Agreement or Master Product Agreement shall control.