These Terms and Conditions of a company’s hardware products shall be effective from [Effective Date] (hereinafter referred to as the “Effective Date”).
These Terms and Conditions apply to the relationship between,
[Company Name] (hereinafter referred to as the “Company”), having its principal place of business at [Company Address], and;
[Client Name] (hereinafter referred to as the “Client”), having its principal place at [Client Address].
The Company and the Client shall collectively be referred to as the “Parties,” and individually referred to as the “Party.”
WHEREAS the Client has purchased the hardware product from the Company and hereby agrees to the following terms and conditions:
TERMS AND CONDITIONS.
1. CLIENT’S OBLIGATIONS.
The Client shall provide the Company with all the necessary information that is required for the performance of services. The Company will not be obligated to verify the information provided by the Client unless such verification has been expressly agreed upon as a contractual duty.
2. PAYMENT.
The payment shall be made within [Payment Period in Days] day(s) from the date of delivery unless otherwise agreed upon by the Parties. The Client shall pay the total amount of [Total Amount] as specified in the invoice and will also be responsible for paying the taxes related to the purchase of the hardware.
3. TECHNICAL SUPPORT.
The Company shall be liable to provide technical support to the Client concerning the hardware purchased and shall respond to the Client's issue via email or contact number.
4. REPAIR.
After receiving the hardware delivery from the Company, the Client shall carefully inspect the hardware product. If the hardware arrives defective or damaged, then the Client should notify the Company and follow the necessary steps as provided by the Company to repair the damage or replace the product.
5. TERM AND TERMINATION.
This Agreement is effective as of the Effective Date mentioned above and will continue in full force and effect until complete payment for the Work is received or unless earlier terminated by either Party as provided in this Agreement. Either Party may terminate this agreement at any time upon [Termination Notice Period in Days] day(s) written notice. Upon termination, the Company shall be entitled to receive compensation and reimbursement for any work accrued but not paid by the Client.
6. REPRESENTATIONS AND WARRANTIES.
The Company represents and warrants that they have a right to enter into this agreement and perform the services. The Company agrees and further represents that the services conducted by them are not owned by anyone else without the Company's knowledge.
7. REFUND AND REPLACEMENT.
The Company accepts returns and replaces or refunds the product as the case may be. The Client can return damaged items in the original packaging within [Product Return Period in Days] day(s) of the purchase with an invoice of the purchase. After [Product Return Period in Days] day(s) have passed from the date of invoice, the Company shall not be liable for refund or replacement.
Upon receipt of the returned item, the Company will fully examine it and notify the Client via email, within a reasonable period of time, whether the Client is entitled to a return. If the Client is entitled to a return, the Company shall refund the purchase price, and a credit shall automatically be applied to the Client's original method of payment.
8. DELIVERY.
Delivery of the order is made on or before the date specified by the Company. The Company, at its discretion, may reject the early delivery of the Products. The Products delivered shall be properly packed, clearly labeled, and adequately protected against damage and deterioration in transit. Unless otherwise stated in the order, the Products shall be delivered during regular business hours to the Client’s place of business or another place as may be specified in the order.
9. ARBITRATION.
In the event of any dispute arising in and out of this Agreement between the Parties, it shall be resolved by arbitration. There shall be [Number of Arbitrators] arbitrator(s) who shall be appointed by [Arbitration Appointing Party Name]. The venue of arbitration shall be [Location of Arbitration], and the Seat shall be [State of Seat]. The arbitrators' decision shall be final and binding on both Parties.
10. GOVERNING LAW.
This agreement hereto shall be governed and interpreted following the laws of [Governing Law].
11. SEVERABILITY.
In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement, and all other provisions should continue in full force and effect as valid and enforceable.
12. FORCE MAJEURE.
Neither Party shall be liable for any failure in performance of the obligation under this Agreement due to cause beyond that Party's reasonable control (including and not limited to any pandemic, fire, strike, act or order of public authority, and other acts of God) during the pendency of such event.
13. ENTIRE AGREEMENT.
The Parties acknowledge that this agreement sets forth and represents the entire agreement between both Parties. If the Parties are willing to change/add/modify any terms, they shall be in writing and signed by both Parties.
ACCEPTANCE AND SIGNATURE.
IN WITNESS WHEREOF, the Parties agree to the terms and conditions set forth above, as demonstrated by their signatures as follows.
[Client Name]
[Company Name]
Name:
Name:
Signature:
Signature:
Date:
Date:
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Terms and Conditions (Hardware Product) | Free Template
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