quest international legal terms

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COPYRIGHT

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TRADEMARKS

Quest International, Inc. and other logos and service names are trademarks of Quest International, Inc. and Quest International, Inc. trademarks may not be used in connection with any product or service that is not Quest International, Inc.’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Quest International, Inc. All names, product names, logos, trademarks or registered trademarks are property of their respective companies including but not limited to Adic Intelligent Storage, ArcServe, Avaya, Barco, Blackberry, BMC Software, Brocade, Carestream, Ciena, Cisco, Citrix, Commvault, Computer Associates, Dell, Digital, Double-Take, EIZO, EMC, F3, Fujitsu, HP, Hitachi, IBM, Ironport, Juniper, McAfee, Microsoft, NEC, NetApp, Nexsan, Oracle, Qualstar, Quantum, Riverbed, Solarwinds, SonicWall, SourceFire, StorageTek, Sun Microsystems, Symantek, Solarwinds, Tivoli Software, Vidar, VMware and WebSense.

DISCLAIMER

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SERVICE PROVIDERS

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APPLICABLE LAW

This site is governed by the laws of the State of California, U.S.A. without regard to its conflict of laws provisions. Quest International, Inc. reserves the right to make changes to this site and these disclaimers, terms and conditions at any time.

Quest Product Sales and Bench Repair Terms and Conditions (Ts and Cs)
Doc: CSD 22.0, Rev: 1.0–IS, Effective Date: 8-23-19

1. The following are the terms and conditions (Ts&Cs) under which QUEST International Monitor Services, Inc. DBA Quest International, Inc., herein referred to as “QUEST”: a) sells its own products, b) operates as a distributor to stock and sell products offered by several manufacturers, and c) repairs and services a variety of products of other manufacturers. Hardware maintenance service agreements/contracts are subject to separate QUEST Ts&Cs (document CON 2.0, which is available upon request). Products furnished by QUEST are sold only on the Ts&Cs stated herein, unless otherwise specifically agreed to in writing by QUEST. Accordingly, customer assents to these Ts&Cs of sale and agrees that no other Ts&Cs apply. All contracts, expressed or implied, entered into by QUEST, shall be construed under and governed by the laws of the location of QUEST corporate headquarters.


2. Taxes - Prices and charges are exclusive of all sales, usage and like taxes, for which the customer is responsible. Applicable Federal, State and local taxes will be added to charges covered under these Ts&Cs. Taxes on net income, corporate franchise taxes, payroll or similar taxes do not apply. Customer must supply QUEST with the necessary documentation required by the taxing authority to sustain any tax exempt status.


3. International Sale - Terms of sale: a) “Ex-Works” QUEST’s point of shipment and pick up address is at 60 Parker, Irvine, CA 92618, U.S.A. with title to the goods and risk of loss or damage passing to the customer at that point, when the shipment is picked up by the customer’s freight forwarder b) QUEST will notify the customer when goods are available for shipment. The customer is responsible for freight forwarder arrangement, c) customs duties, insurance, taxes, tariffs and all shipping costs are the responsibility of the customer, d) the customer agrees to comply with all applicable export laws and regulations relating to the resale, exportation, transfer, assignment, disposal or use of the goods, including any export license requirements, e) international orders are accepted on the basis of payment in advance of shipment by , wire transfer (an additional US $25 fee will apply) Quest’s Bank Information will be provided to the Customer separately, and f) the customer agrees that the products purchased here under will not be exported directly or indirectly, separately or as part of a system, without first obtaining a license from the U.S. Department of Commerce or other appropriate agencies of the U.S. Government, as required.


4. Export Restrictions - The sale, transfer, transportation, or shipment outside of the U.S. of any product prohibited or restricted for export without complying with U.S. export control laws and regulations, including proper export licensing, documentation or authorization, is strictly prohibited and may result in civil penalties and/or constitute a federal crime. Customers will not engage in any transaction that requires the illegal export of any products and will not assist directly or indirectly with the illegal export or re-export of any products. If an item is to be purchased for ultimate shipment or use outside of the United States, this fact should be indicated in your order. The ITAR website for restrictions on sale to Prohibited countries is https://www.pmddtc.state.gov.


5. Quotations/ Repair Estimate – a) Quoted prices are valid for 30 days depending on availability at the time of order. Prices are subject to change without notification, b) on products sent to QUEST for repair, a minimum of $150.00 charge for evaluation will be assessed per unit, unless otherwise stated by QUEST in writing. The evaluation charge will be waived should the customer have the unit repaired by QUEST, c) in cases where the customer chooses not to have the unit repaired, the customer is obligated to pay the evaluation fee, d) QUEST reserves the right to bill for evaluation, scrap, including shipping cost, when applicable, if approval of repair estimate is not received within 30 days from the initial repair quote, e) an expediting fee will apply for upgrades to same day or next day service, f) replaced defective parts are disposed of by QUEST as scrap and, if required, will NOT be available to the customer unless requested in writing prior to repair.


6. Shipment & Transportation of products will be (a) (i) for international shipments, “Ex-Works” QUEST’s point of shipment (a) after the payment by wire transfer has been received, Quest will notify the Customer the weight and dimensions of the shipment and that it is ready for pick up (b) the Customer should coordinate with a freight forwarder of its choice to arrange for pick up (c) indicate to the freight forwarder that the shipment is “Ex-Works” and that the Customer or freight forwarder is responsible to generate an air bill and (d) once the pickup date is confirmed, the Customer should e mail intshipping@questinc.com with the pickup date (ii) for national shipments, “FOB” QUEST’s point of shipment with title to the goods and risk of loss or damage passing to the customer at that point. QUEST will, however, unless directed in writing by the customer, prepay and add handling fee, transit insurance and freight, B) for customer paid freight, QUEST will use reasonable efforts to employ the customer’s written shipping instructions, provided that such instructions, (i) shall be adequate to protect the products from damage in shipping, (ii) shall be consistent with industry standards for shipping such products, and (iii) will not cause undue delay in shipping or additional cost to QUEST; the delivery shall occur at the time the product has been delivered “Ex-Works”, C) QUEST recommends Federal Express as the preferred carrier for monitors and/or glass products. d) QUEST reserves the right to choose an alternate carrier if shipments are not picked up within seventy two (72) hours after notification. A storage charge will incur at the rate of $5.00 per day, up to a maximum of 60 days and the customer will be held responsible for these charges, D) however, if after 60 days the products have not been picked up, QUEST reserves the right to sell those products to mitigate losses. QUEST will not be liable for any delay in delivery or performance of services due to causes beyond its reasonable control, E) QUEST will attempt to ship the customer’s order within the specified time of receipt of order. However, QUEST shall not be liable for any damage or loss due to delay of shipment, including, without limitation to, consequential and incidental damages and any incremental cost incurred by the customer in the obtaining of replacement goods, F) ‘Time is of the essence’ will not apply to any orders accepted by QUEST. The customer’s only right shall be to cancel any order, without charge, if QUEST is three months overdue from its original estimated delivery date, G) however, QUEST is under no obligation to inform the customer of any delays in QUEST’s agreed upon shipment dates. Any cancellation must be agreed to by QUEST in writing. The customer must agree to accept and pay for partial shipments should the products be shipped back under such circumstances.


7. Acceptance of Shipped Product - If the customer does not inform QUEST within 5 days of the shipment, or within 3 days of receipt of shipment of any defect or nonconformity, it shall constitute full acceptance by the customer of the products supplied by QUEST.


8. Payment & Charges – (a) Subject to proper credit approval by QUEST, payment is due Net Thirty (30) days of shipment. (b) A 3% credit card processing fee will apply to the total charges for all payments made by credit card (c) Invoices not paid within (30) days of shipment shall incur a service charge at the rate of 1½ % per month, or per the highest rate permitted by law, whichever is less, on any outstanding overdue balance. If terms cannot be met by the customer, the terms will then be changed to Cash on Delivery.


9. Warranty – a) QUEST operates as a distributor, manufacturer and as a depot repair center. As a distributor, QUEST stocks and sells products offered by several manufacturers. QUEST acts only as a distributor of products manufactured by other companies and QUEST expressly limits its liabilities to any guarantees extended by the manufacturer, which will be passed on to our customers, b) no warranty will apply if our products are in anyway altered or modified after delivery, c) the warranties offered on QUEST “distributed” products are those offered by QUEST suppliers. These warranties are available to the QUEST customers upon request, d) products manufactured or repaired by QUEST carry varied warranties and the warranty periods are available to the customer upon demand, e) as a manufacturer and depot repair center, QUEST warrants that products supplied to its customers will be free from defects in material and workmanship for a period of ninety (90) days, unless otherwise stated by QUEST in writing, f) QUEST’s sole responsibility under this period of the warranty shall be to either repair or replace the product at QUEST’s option, g) the customer must return products under warranty only in accordance with QUEST’s shipping instructions and QUEST accepts absolutely no responsibility for incidental and/or consequential damages that may be incurred by its customers, h) after evaluation, if the unit is to be determined under warranty, in case of national shipments, the unit is returned to the customer by standard ground freight (3-5 working days) with freight charges prepaid by QUEST. For international shipments (“Ex Works”), the customer is responsible for payment of shipping and freight charges for both inward and outbound shipments, i) if the customer requests that the unit be shipped back by another carrier or class of service, QUEST will pre-pay freight charges, provided that the cost is equal to or less and that the carrier is approved by QUEST. If the cost exceeds the rate of standard freight, the difference will be at the customer’s expense, j) after evaluation, if the unit is not to be covered under warranty, the customer pays for parts and labor, k) after repair, the unit is returned to the customer at customer’s expense, in which case the customer may select any approved carrier or class of service.


10. Return Merchandise - The following criteria must be met by the customer, prior to the QUEST’s consideration of any warranty claim: a) no merchandise may be returned without prior return authorization (RA) by QUEST nor after 30 (thirty) days of receipt. QUEST may refuse acceptance of any item returned without proper authorization. The customer is responsible for all transportation charges for returned products, b) warranty is void if the warranty seal and/or serial number is removed, defaced, altered or broken, c) to obtain a refund or to obtain credit to be applied for future purchases, the customer must notify QUEST within 3 (three) days of receipt of the merchandise d) any claim for shipping discrepancies, returned product for credit, including freight damage, shortage, and/or non-conformity must be made within three (3) days of receipt of goods, e) special order merchandise is not returnable for credit or refund, f) stock items returned are subject to a 25% restocking charge, g) these claims must be accompanied by the invoice or packing slip and must include the product type, original invoice number and date, reason for the return and any pertinent serial numbers, h) return freight charges must be prepaid. Shipping damages, resulting from improper packaging are the responsibility of the customer, i) final disposition of returned product will often require consultation with QUEST’s claim inspection department or its suppliers; therefore, the customer may request that a replacement may be sent immediately. In these instances, the replacement device will be billed to and paid for by the customer. Once QUEST and/or its supplier makes a final decision on the return, the customer will either receive a credit or the original returned product will be sent back to the customer, j) if QUEST or its supplier determine that the product is not defective within the terms of the warranty, the customer shall pay QUEST all costs of handling and transportation plus a minimum of a $150.00 charge for No Trouble Found (NTF) fee, unless otherwise stated by QUEST in writing, k) the picture tube warranty period covers failures due to defects in materials or workmanship which occur during normal use. QUEST disclaims any returned picture tube with burned phosphor and/or scratched screen, l) QUEST allows ten (10) working days for core returned merchandise. If the item is not returned within that time, QUEST will invoice the full list price. Exchange core must be the same revision level and part number that was shipped to the customer, unless prior written approval is received from QUEST. The core must also be in repairable condition and free of physical or cosmetic damage, and, m) if a loaner was provided for use while repairing a defective unit, the loaner must be returned to QUEST, in its original condition, within 10 working days of the receipt of the repaired unit. The cost of transportation and insurance will be at the customer’s expense, for both outgoing and returns also.


11. Limitation of Liability - Written warranty is in lieu of any other warranty, expressed or implied. There are no warranties or representations of any kind, including warranties of merchantability and of fitness for a particular purpose. This warranty is only made to the customer and is not transferable. All warranty claims must be generated by the customer, except those warranties that are incorporated herein by reference in these Ts&Cs. QUEST aggregate liability shall not, under any circumstances in any customer claim, exceed payment, if any, received by QUEST for the products or services furnished or to be furnished, as the case may be, that is the subject of the claim or dispute. In no event shall QUEST be responsible for incidental or consequential damages, however caused. All warranties, expressed and implied, are excluded when the materials or equipment are sold “AS IS”.


12. General Provisions - These Ts&Cs shall prevail not withstanding any other Ts&Cs on any order submitted by the customer. All disputes, under any contract with QUEST, not otherwise resolved, shall be resolved in a court of competent jurisdiction for the location of QUEST corporate headquarters. All rights and remedies conferred under the contract or by any other instrument or law shall be cumulative and may be exercised singularly or concurrently. Failure by either party to enforce any contract term shall not be deemed a waiver of future enforcement of that or any other term. The provisions of the contract are declared to be severable. In the event a suit is filed to collect, the customer agrees to pay all court costs and attorney’s fees. All accounts past due, will be subject to a 1½% monthly finance charge (18% per annum).


13. Proprietary Information - Unless specifically agreed to separately in writing, any knowledge or information disclosed by the customer shall not be deemed confidential or proprietary in nature. All written information obtained by the customer from QUEST in connection with this order and which is identified as proprietary, including, but not limited to any specifications, drawings, blue prints and software programs, shall remain the property of QUEST and shall not be disclosed to any third parties without the prior written consent of QUEST.