PAYMENT
Upon placement of an order, you will pay to Atlantix Global Systems any deposit specified on the Quote. You agree to pay to Atlantix Global Systems the unpaid balance of the Sales Price within ten days after delivery of the Equipment.
Unless stated otherwise on the Quote, you will pay to Atlantix Global Systems all charges for transportation and transit insurance to the delivery location. In any event, you are responsible for payment of all rigging and drayage charges, structural alterations, rental of heavy equipment and other expenses necessary to place the Equipment at the desired installation site.
You also agree to pay any applicable taxes, fees or other charges (together with related interest and penalties not arising solely from Atlantix Global Systems' negligence) imposed or assessed with respect to the Sales Price or other charges paid hereunder, or on the Equipment. This includes all sales taxes, but not taxes based upon Atlantix Global Systems' net income.
Atlantix Global Systems will invoice you for the Sales Price. However, receipt of an invoice is not a condition to timely payment. Payment will be made in U.S. Dollars to Atlantix Global Systems' address set forth in the invoice or to such other place as Atlantix Global Systems may designate in writing. Any payment not made by the due date will accrue interest, from the due date and until it is paid, at the lower of 18% simple interest per annum or the maximum rate allowed by law.
DELIVERY AND INSTALLATION
Atlantix Global Systems will arrange delivery of the Equipment and use reasonable efforts to meet the estimated shipment date specified on the Quote. If a date is not specified, delivery will be made on such date as is consistent with Equipment availability and Atlantix Global Systems' normal business practices.
You agree to accept delivery of Equipment upon its arrival at the delivery location, and to furnish all labor required for unpacking and placing the Equipment in the desired location at the installation site. Unless stated otherwise on the Quote, you are responsible for all set-up and installation of the Equipment. If Atlantix Global Systems is responsible for installation, you will allow Atlantix Global Systems or its designee to perform such work commencing upon delivery of the Equipment or as otherwise agreed.
If the delivered Equipment includes features not specified on the Quote, other than standard features generally provided by the manufacturer at no extra cost, Atlantix Global Systems will have the right to remove or deactivate such features at its expense at a mutually convenient time.
WARRANTIES
Extended Warranty
Atlantix Global Systems, LLC (the “Company”) hereby agrees to provide Warranty Purchaser with an extended warranty on the equipment identified as covered equipment on the invoice (the "Equipment")..."
(the “Equipment”), hereinafter called the Extended Warranty. The terms of the Extended Warranty are as follows:
- This is a limited warranty for a period of 90,180 or 360 days, as stated on the invoice;
- This Extended Warranty is not transferable, except upon the written approval of the Company, in its sole discretion;
- If the Equipment becomes defective or damaged during the period of this Extended Warranty, the Company will repair or replace it at Company’s sole discretion.
- There are no other warranties, express or implied, which have been made by the Company in connection with the Equipment.
- This Extended Warranty does not cover and shall be void for (a) defects or damages resulting from fire or theft, (b) defects, damages, or loss resulting from intentional misuse, abuse, neglect, or alterations by, or directed by, the owner of the device, and (c) defects or damages resulting from service or repair by anyone other than the Company or acts of God or other force majuere events.
Warranty Disclaimer and Limitations
This extended warranty for the equipment is in lieu of all contracts, understandings or warranties, express or implied or statutory, including, but not limited to any implied warranties of merchantability or fitness for a particular purpose on the part of the company, its agents or service providers. All implied or statutory warranties, to the extent that they cannot be excluded, are limited to the effective period of the express warranty set forth herein. If the equipment is damaged and/or is defective in materials or workmanship, as set forth herein, the warranty purchaser’s sole and exclusive remedy shall be the repair or replacement as provided above. However, if the remedy fails of its essential purpose, the company reserves the right to refund the purchase price of the equipment to the warranty purchaser in exchange for the return of the equipment. The company, its agents and service providers shall not be liable for any indirect damages, including but not limited to incidental or consequential damages, loss of use or data, loss of profits or interruption of business, whether such alleged damages are based in warranty, tort (including without limitation, negligence and strict liability), contract, or indemnity. Except to the extent prohibited by law, this is the exclusive written limited warranty of the original warranty purchaser. The company’s liability for any and all claims arising from the equipment or this warranty shall be limited to the price paid for this warranty.
GENERAL
This Agreement is the complete agreement regarding the Equipment and replaces any prior oral or written communications between you and Atlantix Global Systems.
Once accepted by you, any reproduction of this Agreement made by a reliable means (such as a photocopy or facsimile) will be considered an original binding agreement and all Equipment listed on the Quote will be subject to this Agreement.
Additional or different terms in any purchase order or other written communication from you are void unless Atlantix Global Systems specifically accepts such terms in writing. Failure to object to such terms or the referencing of a purchase order number in connection with a delivery or an invoice will not be deemed an agreement to such terms.
Any notice, request, consent or approval required or given under this Agreement to be effective must be in writing and will be deemed effective upon receipt, or if delivery is refused then on the date sent, if mailed postage prepaid by certified mail, return receipt requested, to Atlantix Global Systems (attention: "Chief Financial Officer") at its address appearing at the top of the Quote. Either you or Atlantix Global Systems may change its notice address by notice given in accordance with this provision.
All information provided to Atlantix Global Systems is non-confidential. If you require the exchange of confidential information, it will be made under a signed Atlantix Global Systems confidentiality agreement.
Authorized returns will be subject to a twenty five percent restocking fee.
YOU REPRESENT THAT THE ACCEPTANCE, DELIVERY AND PERFORMANCE OF THIS AGREEMENT (i) HAVE BEEN DULY AUTHORIZED BY ALL NECESSARY CORPORATE OR OTHER ACTION ON YOUR PART, (ii) DO NOT REQUIRE THE CONSENT OF ANY THIRD PARTY EXCEPT SUCH AS HAS BEEN DULY OBTAINED, AND (iii) DO NOT AND WILL NOT CONTRAVENE ANY LAW, RULE, REGULATION OR ORDER NOW BINDING UPON YOU OR YOUR CHARTER, BY-LAWS OR OTHER ORGANIZATIONAL DOCUMENTS. YOU FURTHER REPRESENT THAT THIS AGREEMENT WILL CONSTITUTE YOUR LEGAL, VALID AND BINDING AGREEMENT ENFORCEABLE IN ACCORDANCE WITH ITS TERMS. YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
THIS AGREEMENT WILL BE DEEMED TO HAVE BEEN MADE IN THE STATE OF GEORGIA AND WILL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF GEORGIA WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICT OF LAW OR CHOICE OF LAW. ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE COMMENCED IN ANY STATE OR FEDERAL COURT OF COMPETENT JURISDICTION IN THE STATE OF GEORGIA.