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#NEXTIVA SUPPORT PROVISION POLYCOM SERIAL NUMBER#
All new/unused Goods are recorded by product serial number and/or warranty label. THE FOREGOING SHALL APPLY REGARDLESS OF THE NEGLIGENCE OR FAULT OF EITHER PARTY AND REGARDLESS OF WHICH SUCH LIABILITY ARISES IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE, OR UNDER ANY OTHER THEORY OF LIABILITY.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY NATURE (INCLUDING FOR LOSS OF PROFIT OR LOSS OF DATA) ARISING OUT OF OR RELATED TO THE GOODS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED, INCLUDING WARRANTIES OF FITNESS OR MERCHANTABILITY, REGARDLESS OF WHETHER SELLER HAS BEEN ADVISED OF ANY PARTICULAR PURPOSE. IN THE EVENT OF A VALID WARRANTY CLAIM, SELLER MAY REPAIR OR REPLACE THE GOODS, PROVIDED, THAT, BUYER FOLLOWS THE PROCEDURES OUTLINED BELOW.
#NEXTIVA SUPPORT PROVISION POLYCOM FREE#
UNLESS SELLER AND BUYER HAVE ALREADY ENTERED INTO A WRITTEN AGREEMENT FOR AN EXTENDED WARRANTY PERIOD, SELLER WARRANTS THAT THE GOODS WILL CONFORM TO THE SELLER’S SPECIFICATIONS AND BE FREE FROM DEFECTS AND DEFICIENCIES IN WORKMANSHIP AND MATERIALS FOR THE PERIOD (WHICH MAY BE NONE OR BLANK) INDICATED ON THE ITEMIZATION OF GOODS ON THIS INVOICE BEGINNING ON THE DATE OF DELIVERY OF THE GOODS. ALL EQUIPMENT (INCLUDING WHETHER UNUSED OR REFURBISHED) SOLD BY SELLER TO BUYER IS WARRANTED, IF AT ALL, SOLELY BY SELLER, NOT IT’S RESPECTIVE MANUFACTURERS. Buyer will execute and deliver all security agreements, financing statements and any and all other instruments which Seller may at any time reasonably require to protect its rights hereunder. Seller may file necessary forms to evidence and perfect such security interest and status as a secured party in any relevant jurisdiction. To the extent the Goods are resold and title passes to a bona fide purchaser for value, Seller retains a security interest in the proceeds and products thereof, accessions and commingled goods relating to, attached to, or derived from the foregoing, or any records with respect thereto. Seller reserves a purchase money security interest in the Goods until this invoice has been paid in full. Buyer may request special packaging or designate a specific carrier for additional charges. Unless otherwise agreed to in writing by Seller, the Goods will be packaged according to industry standards and delivered using a recognized national carrier. Title and risk of loss for the Goods passes on delivery F.O.B.
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If Buyer asserts no sales tax is due, Buyer shall furnish Seller before shipment a valid tax exemption withholding certificate for the jurisdiction where the sale is deemed to be made. Prices quoted exclude assessments, sales, use, value added or excise taxes, duties, imposts, and other charges, all of which are the sole liability of Buyer. Payments more than 30 days past due will be assessed a late payment charge of the lesser of (a) 1.5% per month or (b) the maximum amount permitted by applicable law. Payment is due net 30 days from receipt of the Goods delivered F.O.B. Additional or different terms in any order or offer from Buyer are rejected and not binding on Seller unless such terms are accepted in writing by an authorized representative of Seller, and acceptance of Buyer’s order is expressly conditioned on Buyer’s assent to the terms and conditions set forth herein. This invoice contains all of the terms of the purchase and sale of equipment described on this invoice (the “Goods”) between NTSDirect (“Seller”) and the applicable buyer (“Buyer”).