|
timeframes are necessary so that ePlus may assist customer on a timely basis in obtaining the benefit of
<br />any manufacturer warranties as well as filing any shipping claims, as applicable.
<br />D. Loss or damage that occurs during shipment by a carrier selected by ePlus shall be ePlus' sole
<br />responsibility; loss or damage that occurs during shipment,: by a carrier selected by Customer shall be
<br />Customer's sole responsibility. Title to Product(s) shall pass to Customer upon receipt of good and
<br />sufficient funds from Customer for said Product(s):
<br />10. SITE PREPARATION. Customer shall be responsible, at its own expense, for preparing prior to delivery a
<br />suitable installation site in accordance with ePlus' reasonable installation procedures. Unless otherwise specified,
<br />Customer shall be responsible for installing and connecting the Product(s) within Customer's environment
<br />compatible to manufacturer's specifications provided by ePlus to Customer.
<br />11. PRODUCT RETURNS. Approvals for unused, unopened returns are subject to manufacturer return policies
<br />and guidelines and ePlus' ability to return Product to its vendors. Such Products must be complete and in
<br />manufacturer's original packaging, with no visible damage. ePlus will not be required to accept any return of sold
<br />Products without an approved return merchandise authorization ("RMA") number, which may be obtained by
<br />contacting the Customer's account executive. An RMA number is valid for (10) days from the ePlus issuance date,
<br />unless other arrangements are made between the Parties at the time of ePlus' RMA approval. The ePlus RMA
<br />number is to be clearly noted on a shipping label affixed to the outer shipping box and any items received into an
<br />ePlus return facility without an RMA number or after the elapsed time, period will be sent back to the Customer at
<br />the Customer's expense, unless otherwise agreed to under separate contract. Any writing, markings or stickers,
<br />except shipping labels, on the manufacturer box will void any authorized return. Except in the event of an ePlus or
<br />vendor error, Customer will be responsible for shipping charges associated with any Products being shipped for
<br />return, exchange or replacement. Products exchanged or replaced will be shipped back to Customer, at Customer's
<br />expense. Returns must be made via an authorized shipping carrier that allows the package to be tracked and
<br />Customer must insure all returned Products. Products not eligible for return include, but are not limited to, items
<br />that were at end-of--life cycle at the time of order, used or opened software, used consumables, custom configured
<br />and built to order Products, and Products not purchased through. ePlus'.~EAf ePlus' discretion, restocking fees may be
<br />charged for items which do not qualify for return under this policy. S'oi4e manufacturers require that defective or
<br />Dead on Arrival (DOA) Products be returned directly to them, or they may limit the timeframe in which products
<br />can be returned; therefore, Products that are inoperable at initial use may be eligible for DOA return to or
<br />replacement by the manufacturer, subject to the manufacturer's product defective/DOA return policies. If the
<br />Product is not returnable under manufacturer guidelines, ePlus will make commercially reasonable attempts to repair
<br />or replace the Product through the manufacturer's warranty. Customer should contact its ePlus account executive
<br />for further details on the manufacturer warranties. ePlus' technicians test Products returned as DOA or defective.
<br />Products found not to be defective may be subject to return at the Customer's expense. In any event, ePlus will
<br />work with its vendors to facilitate returns for the Customer.
<br />12. CONFIDENTIALITY OBLIGATIONS.
<br />A. As used herein, "Confidential Information" means the terms and provisions of this Agreement and any
<br />related documents delivered hereunder, together with all data, reports, analyses, compilations, records,
<br />pricing and evaluation of all or any portion of the transactions contemplated by this Agreement. The
<br />Parties agree to protect each other's Confidential Information from unauthorized disclosure to any third
<br />party and to disclose the Confidential Information only as required in the performance of this Agreement
<br />and/or Purchase Orders, or as may be required by law or otherwise. ePlus may have agreements with some
<br />software, hardware, and other vendors. ePlus, its parent, or any affiliates may receive discounts,
<br />commissions, rebates, or other consideration from vendors (the "Benefits") and ePlus may disclose to
<br />vendors such information about Customer's needs as appropriate to secure the Benefits. Confidential
<br />Information must be in writing or other tangible form, marked with an appropriate legend. If not in written
<br />or tangible form, it must be identified as confidential ` at .the' time of disclosure and summarized and
<br />delivered to the other Party within three (3) days following disclosure.
<br />B. Confidential Information does not include information that:
<br />(i) is or becomes publicly available other than through a breach of this Agreement; or
<br />(ii) was in the possession of the receiving Party at the time of disclosure or later becomes available from a
<br />third party without obligation of confidentiality; or
<br />©2010 ePlus Technology, inc.
<br />09/01/10
<br />
|