TERMS & CONDITIONS OF SALE
These Terms and Conditions of Sale (Terms & Conditions) apply to all sales of products and services (Products) by Rubicon Communications, LP, (SmallWorks), its subsidiaries and affiliates to you (the Customer).
PROOF OF PURCHASE: Your INVOICE is your proof of purchase from SmallWorks.
Customers will be deemed to have accepted these Terms & Conditions by placing an order with SmallWorks. SmallWorks acceptance of Customer’s order is considered Customer’s acceptance of these Terms & Conditions.
ORDER AND SHIPMENT:
SmallWorks is not bound by any terms and conditions set forth by customer unless previously agreed to by SmallWorks in writing. Unless otherwise agreed in writing, delivery will be made in accordance with SmallWorks shipping policy on the date of order. All shipments of Products by SmallWorks will be EX WORKS EXW SmallWorks warehouse per Incoterms® 2010. Insurance coverage, transportation costs and all other expenses applicable to shipment from SmallWorks to the Customer’s identified delivery place will be the responsibility of the Customer. Customer must notify SmallWorks, by calling or emailing SmallWorks within three (3) days after delivery of any claimed shortages or rejections. Failure to give such notice of a claim will be deemed an acceptance in full of any such delivery. Approval of any short shipment claim is in SmallWorks sole power and discretion. In the event that SmallWorks grants a short shipment claim, SmallWorks will replace the lost or damaged Product or issue a credit memo at its sole discretion.
OTHER TERMS AND CONDITIONS:
1) SmallWorks is not responsible for typographical errors.
2) SmallWorks reserves the right to change the terms and conditions of sales for SmallWorks at any time.
3) All sales at SmallWorks are governed by Texas law, without giving effect to Texas's conflict of law provisions.
4) No SmallWorks employee or agent has the authority to vary any SmallWorks policies or the terms and conditions governing any sale.
5) Additional terms and conditions apply. Please refer to our Conditions of Use page.
DISCLAIMER AND LIMITATION OF LIABILITY:
SMALLWORKS IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR THE INABILITY TO USE THE MATERIAL ON THIS SITE. THIS INCLUDES BUT IS NOT LIMITED TO THE LOSS OF DATA OR LOSS OF PROFIT, EVEN IF SMALLWORKS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SMALLWORKS (THE COMPANY) MAKES NO WARRANTIES OF ANY KIND WITH REGARD TO THE PRODUCTS IT DOES NOT MANUFACTURE. THE COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY LOSS, DAMAGE OR COST OF OR BREACH OF WARRANTY. THE COMPANY WILL NOT, IN ANY EVENT, BE LIABLE FOR ANY LOSS OF REVENUE, PROFIT, USE OF DATA, INTERRUPTION OF BUSINESS OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, OR IN ANY WAY CONNECTED TO THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY WHETHER ANY CLAIM IS BASED UPON PRICIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, OR OTHERWISE. IN NO EVENT WILL SMALLWORKS LIABILITY TO CUSTOMER EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT THAT IS THE BASIS OF THE CLAIM.