1. Acceptance of Order – This sales order sets forth the standard terms and conditions on which moneycounters.com has sold to the purchaser (“Purchaser”) the products described on moneycounters.com’s Website (Website). Commencement of delivery of the Products, and acceptance of such deliveries by Purchaser, shall constitute acceptance by Purchaser of a contract on these terms and conditions. Notwithstanding anything to the contrary contained in this document or any of Purchaser’s forms, this order is expressly conditioned on these terms and conditions and any terms on the Website and not others. moneycounters.com rejects any offer embodying contrary terms and conditions and, in such case, these terms and conditions constitute a counter-offer by moneycounters.com.
2. Prices – Unless otherwise noted on the Website, the prices stated herein are FOB Origin (moneycounters.com’s facility in Durham, Connecticut). Freight (with UPS Ground or equivalent) is Free with all Orders. All prices include packing in accordance with our standard procedures. If special packing is requested, Purchaser shall pay for the cost thereof.
3. Payments – Payments must be pre-paid and made using applicable Credit Cards identified on the Website. C.O.D. orders will not be accepted. All payments shall be made in United States currency. Moneycounters.com may at any time decline to ship, make deliveries or perform work except upon receipt of cash payment, letter of credit, or security, or upon other terms and conditions satisfactory to moneycounters.com in accordance with its Credit and Collections Policy.
4. Taxes – The prices provided herein are exclusive of any federal, state or local sales, use, excise, or similar taxes imposed with respect to the Products, which shall be the responsibility of the Purchaser. moneycounters.com will charge and collect any such taxed imposed on all sales to locations in Connecticut, Maine, Massachussetts, Vermont, New York, New Jersey or in any other location where moneycounters.com is obligated to charge and collect such taxes, or in lieu thereof, Purchaser shall provide moneycounters.com with a valid tax exemption certificate acceptable to such taxing authorities.
5. Delivery – moneycounters.com will use its best efforts to deliver Products on or before the estimated delivery date. Unless otherwise stated on the Website, delivery shall be FOB moneycounters.com’s facility in Durham, Connecticut, Time is not of the essence in connection with this order, and, if moneycounters.com learns that it will be unable to meet the estimated delivery date, it will give prompt notice to Purchaser and deliver the Products as soon as practicable under the circumstances. In no event will moneycounters.com be held liable for any damages or expenses caused by delays in delivery.
6. Warranties – This equipment is warranted by moneycounters.com to be free from defects in material and workmanship for a period of ninety (90) days from the date of shipment. This warranty does not apply to damage resulting from shipment, which is the responsibility of the carrier. It does not apply to any damage or defects that result from misuse, unauthorized repair or abuse, and it does not apply to components that require replacement as a result of wear from high usage by the customer. In the event of any warranty claim, refer to our Return Authorization Policy for details on how to return products.
   MONEYCOUNTERS.COM MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, MONEYCOUNTERS.COM EXCLUDES ALL OTHER WRITTEN OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF FITNESS AND MERCHANTABILITY. THE REMEDIES SET FORTH ABOVE CONSTITUTE PURCHASER’S EXCLUSIVE REMEDY FOR DEFECTS, REGARDLESS WHETHER SUCH CLAIMS ARE ASSERTED UNDER THEORY OF CONTRACT, TORT (INVOLVING, BUT NOT LIMITED TO, GROSS NEGLIGENCE) OR OTHERWISE.
7. Return Policy – Products may be returned for credit within ten (10) days of receipt or for warranty or depot service repairs by using the following process: a) Have Model and Serial numbers with date of purchase available b) Call moneycounters.com at (860) 349-1097. Ask for our shipping or service department and request a Return Authorization number (RA) c) Pack the product in its original shipping container and packaging and record the RA number on the shipping label d) Ship the package via regular UPS service insured at your expense to: MONEYCOUNTERS.COM, Attention: Return Authorization Number:________, Parsons Lane, Durham, CT 06422. Products Returned for credit or refund may be subject to a re-stocking fee of up to 25%
8. Exclusion of Liability – IN NO EVENT SHALL MONEYCOUNTERS.COM HAVE ANY LIABILITY WITH RESPECT TO THIS ORDER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OF ANY KIND WHATSOEVER. IN NO EVENT WILL MONEYCOUNTERS.COM HAVE ANY LIABILITY TO THE PURCHASER IN CONNECTION WITH ANY PRODUCTS IN EXCESS OF THE PURCHASE PRICE PAID BY PURCHASER FOR SUCH PRODUCTS.
9. Force Majeure – moneycounters.com shall not be responsible for nonperformance or delays occasioned by any causes beyond moneycounters.com’s reasonable control, including, but not limited to, labor difficulties, delays of vendors or carriers, fire, government or regulatory actions or otherwise. Any such delays shall effect a corresponding extension of moneycounters.com’s performance dates which are, in any event, understood to be approximate.
10. Controlling Law – This order and the performance of the parties hereunder shall be controlled, governed by and enforced in accordance with the laws of the State of Connecticut (as if by residents thereof). Purchaser hereby consents to the personal jurisdiction of the federal and state courts located in the State of Connecticut in connection with any dispute that may arise hereunder, and Purchaser hereby waives any objections it may have to the jurisdiction or venue of such Connecticut courts.
11. U.S. Regulations – This order and performance by the parties hereunder shall also be subject to all applicable rules and regulations of the United States Government, including, but not limited to, export regulations of the United States Department of Commerce and State, as they may be amended from time to time.
12. Recovery of Attorney’s Fees – In the event of any action to enforce rights hereunder, moneycounters.com shall be entitled to recover from Purchaser all reasonable attorney’s fees incurred and costs associated therewith.
13. Changes – Changes in whole or in part to this order can be made only with moneycounters.com’s written consent.
14. Intellectual Property – moneycounters.com and the third party manufacturer of the Product retain all respective ownership, license and other rights to all patents, trademarks, copyrights, trade secrets and other intellectual property rights related to the Products and, except for the right to use the Products in this order, Purchaser obtains no rights to use any such intellectual property.
15. Software – Purchaser hereby is granted a license to use any third party manufacturer’s software incorporated in each Product covered by this order (“Licensed Software”), and such license may as required be subject to a separate license agreement between moneycounters.com and Purchaser, the terms of which shall govern. Purchaser shall not receive ownership rights in connection with the Licensed Software, and Purchaser shall use the Licensed Software only in connection with the subject Product and for no other purpose. The Licensed Software is the exclusive property of the third party manufacturer of the Product, and the Licensed Software cannot be copied or disclosed to the third parties.

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