High Availability Computing Solutions
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General: If the following conditions should conflict or be inconsistent with the terms or conditions contained, incorporated, or referred to in any document of the customer, then these conditions shall prevail unless otherwise agreed upon in writing by I-Bus Corporation.

To the extent that any clauses of these terms and conditions of sale should prove invalid, the remaining provisions and the contract shall remain valid and binding. Any invalid clauses shall be renegotiated with the intention of replacing such clauses by new provisions with similar economic implications. Such substituted provisions will be binding on both parties.

Payment Terms: All orders will be invoiced at time of shipment and are F.O.B. exworks with freight costs being paid collect or prepaid by Seller and invoiced to the Buyer.  Payment terms are net 30 days.  I-Bus Corporation shall retain a security interest in all products sold as security for the payment in full of the purchase price, and such security interest shall be satisfied and terminated by full payment.

Prices: The prices, quantities and delivery times stated in any quotation shall not be binding on I-Bus Corporation unless and until I-Bus Corporation has confirmed in writing its acceptance of an order placed by the customer in accordance with the quotation. Prices and quotations are subject to change without notice. Prices are in US dollars. Pricing is based on the quantity purchased of a single product part number (consisting of that portion of the I-Bus Corporation product part number which defines the product form factor and internal computer architecture), ordered by a single customer under single non-cancelable, non-changeable purchase order for a set quantity of products with a common product part number and various options for processor, memory, and peripheral components, to be shipped on a single invoice or multiple invoices within twelve (12) months of the order date.

Packaging and Delivery: The specification for packing the products shall be entirely at the discretion of I-Bus Corporation. I-Bus Corporation shall not be obliged to comply with any packaging instructions or requests of the customer unless previously agreed to in writing by I-Bus Corporation. The customer shall be bound to accept the delivery of the products and shall not be entitled to reject delivery or part delivery of the products ordered.

Unless acceptable specific instructions are received from the customer, I-Bus Corporation reserves the right to select a suitable carrier for the products. Delivery of the products in good condition to such a carrier constitutes delivery to the customer at which point the risk and title in the product and/ or products shall pass to the customer. Any mis-delivery or damage shall thereupon be the responsibility of the customer, who may also be responsible for obtaining and paying for insurance and carrying out negotiations in the event of loss, mis-delivery, breakage or other damage regardless of the fact that insurance may have been secured by I-Bus Corporation at the request of the customer.

Cancellation Charge Policy for All Products:

a.   Orders cancelled within sixty (60) days of scheduled delivery shall incur the full purchase price.

b.       If the order is cancelled more than sixty (60) days but less than ninety (90) days from the original date of delivery, I-Bus Corporation  will  charge for all actual costs  associated with the order.  The cancellation fee shall be due and payable within ten (10) days from such cancellation notice.

Order Rescheduling Charges:  

a.       Buyer may not reschedule orders within thirty (30) days of the scheduled delivery date.

b.       Orders due for delivery more than thirty  (30) days but less than sixty  (60) days from the delivery date, at the written request of the Buyer, may be rescheduled for delivery up to thirty (30) days from the original delivery date. I-Bus Corporation may at its sole discretion levy a rescheduling fee of ten percent (10%) of the List Price of the order.  The rescheduling fee shall be due and payable within ten (10) days of I-Bus Corporation acceptance such rescheduling notice.

c.        If the order is scheduled for delivery by Buyer more than sixty (60)  days from the date of delivery, the order may be rescheduled for delivery up to thirty (30) days from the original delivery date without any additional charge.

d.       Orders may be rescheduled by Seller without penalty, with Buyers prior approval.

e.       No orders may be rescheduled more than once.

Limited Warranty: I-Bus Corporation warrants its products to be free of defects in material and workmanship for a period of one years. This warranty is limited solely to the obligation to repair or replace its products, when the product has been returned to I-Bus Corporation by the Returned Material Authorization (RMA) process defined within and I-Bus Corporation’ has found the product to be defective. This warranty is limited solely to the value of the product sold. I-Bus Corporation assumes no liability for any consequential or contingent damages resulting from the failure of any products sold by I-Bus Corporation.

I-Bus Corporation is not liable for any defects in material or workmanship of any peripherals, products or parts, which I-Bus Corporation does not design or manufacture. I-Bus Corporation receives warranties on certain third party peripherals, products or parts purchased by it and its obligations with respect to such third party peripherals, products or parts shall be limited to the extent of the warranties so received by it.

Repair or replacement parts will carry the remainder of the original warranty or ninety (90) days, whichever is greater.

I-Bus Corporation will analyze the returned unit and the customer will be charged for out of warranty repairs in the following instances:

No problem found: $300 (US dollars)

Out of warranty repairs: labor at $150 per hour with $300 (US dollars) minimum charge plus, parts. Receipt of damaged goods voids the I-Bus Corporation warranty.

Repair parts and replacement products will be furnished on an exchange basis and will be either new or reconditioned. All replaced parts and products requiring replacement shall become the property of I-Bus Corporation, if such parts or products are provided under this warranty section. In the event a defect is not related to the I-Bus Corporation manufactured product, the warranty on such products shall be limited to the extent of the warranty so received by I-Bus Corporation from the manufacturer.

This warranty shall not apply if the product has been misused, carelessly handled, defaced, modified or altered by the Buyer, or if unauthorized repairs have been attempted by others.

The above warranty is the only warranty authorized by I-Bus Corporation and is in lieu of any implied warranties, including implied warranty of merchantability and fitness for a particular use.

IN NO EVENT SHALL I-BUS CORPORATION BE LIABLE TO BUYER, END USERS, OR OTHER PERSONS FOR EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, LOSS OF PROFIT, REVENUE, OR THE CLAIMS OF THIRD PARTIES WHETHER OR NOT I-BUS CORPORATION HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES OR LOSS.

Return Material Authorization:  In order to obtain warranty service, the product must be delivered to the I-Bus Corporation facility, or to an authorized I-Bus Corporation service representative, with all included parts and accessories as originally shipped, along with proof of purchase and a Returned Material Authorization (RMA) number.  The RMA number must be obtained in advance from the I-Bus Corporation Customer Service Department.  The RMA Number is valid for thirty (30) days and must be clearly marked on the exterior of the original shipping container or equivalent. The Buyer will be responsible and liable for any missing or damaged parts. The Buyer agrees to pay shipping charges one way, and to either insure the product or assume the liability for loss or damage during transit. Ship to:

I-Bus Corporation
Attention: RMA Repair Department
RMA #__________________________
3350 Scott Boulevard, Building 54
Santa Clara, CA 95054

I-Bus may issue, at its own discretion, an advance replacement unit on the product if it fails within fifteen (15) days from the date of delivery from I-Bus.

The customer is responsible for inspecting the products immediately upon arrival thereof and shall within two (2) days of their arrival give notice to I-Bus of any defect in the products or any other matter by reason whereof the customer alleges that the products are not in accordance with the contract. If the customer fails to give such notice, the goods shall be deemed to be free of patent defects and in all respects in accordance with the contract where the customer shall be bound to accept and pay for them accordingly. If the customer gives such notice and the delivered goods are proved to be defective, I-Bus shall at its own discretion, replace or repair the goods free of charge and the customer shall have no further rights to damages or otherwise against I-Bus. An extended warranty is available, please contact an I-Bus sales representative for details.

Waiver: These terms and conditions govern the relationship between the parties unless otherwise specifically agreed to in writing.  The failure of I-Bus Corporation to insist upon any of the terms and conditions stated herein shall not be considered a continuing waiver of any such term or condition or of any other terms and conditions.

Force Majeure: I-Bus Corporation shall not be considered in default in performance of its obligations hereunder to the extent that performance is delayed or prevented by causes beyond the control or without the fault of I-Bus Corporation including causes such as acts of God, hostilities, strikes, fire, flood, sinking of vessels, acts of the Buyer, including delay in performing its obligations, or because or by reason of any law, proclamation, regulation or ordinance of any government or governmental agency or other events or occurrences beyond I-Bus Corporation’s ability to control or without the fault of I-Bus Corporation.

Assignment: The Buyer may not assign these terms and conditions without the prior written consent of I-Bus Corporation.

Successors:  These terms and conditions and the covenants herein contained shall be binding upon and inure to the benefit of the successors and assigns of each party.

Applicable Law: These terms and conditions are entered into in the State of California and shall be interpreted in accordance with the laws of the State of California.



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