Standard Terms and Conditions of Sale
Standard Terms and Conditions of Sale
Unless otherwise agreed to in writing between Ryzex, Inc. ("Ryzex") and you ("Purchaser"), the sale of goods and/or services ("Products") to the Purchaser incorporates the following Terms and Conditions:
Limited Warranty
Ryzex agrees to pass through to Purchaser any available warranty provided by the original equipment manufacturer on any “New” Products sold to Purchaser by Ryzex. Ryzex also agrees to provide a 90-day warranty on any “Like-New” or “Pre-Owned” Products sold to Purchaser by Ryzex. Products described as "Used" or "As Is" are supplied without warranty. Excluded from warranty coverage are defects due to misuse or abuse, or on consumables such as print-heads or batteries.
If during the aforementioned warranty periods, Purchaser identifies any defects in materials or workmanship of the Products, Ryzex will, at its option, repair or replace any Products affected by such defect without charge, or refund its purchase price to Purchaser. The remedies of repair, replacement or refund will be the sole remedies of Purchaser against Ryzex.
This Limited Warranty is the only warranty made by Ryzex, and Ryzex makes no other warranty, express or implied. IN PARTICULAR, RYZEX MAKES NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE PRODUCTS.
PURCHASER AGREES SPECIFICALLY THAT RYZEX WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER SIMILAR DAMAGES ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER KIND OF CIVIL LIABILITY CONNECTED WITH THIS AGREEMENT, AND UNDER NO CIRCUMSTANCES WILL RYZEX'S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCTS.
Sale of Hardware Only
Ryzex makes no warranty with respect to any uses by any party that may require governmental or private licenses, such as certain uses of radio communications devices, software, or firmware that may be in the Products, or the right to use the Products for a particular purpose.
Purchaser specifically warrants that it has right to use the Products for the purpose intended and that the Purchaser has all the rights required to lawfully authorize Ryzex to install and/or copy into the Products any component(s) and/or software which purchaser has supplied to Ryzex for the purpose of such installation or copying, or which purchaser has requested Ryzex to obtain or electronically encode for the purpose of such installation or copying. Purchaser undertakes to indemnify Ryzex against any claims and expenses (including attorneys' fees and cost of defense) arising from a breach of this warranty.
Shipping and Handling
Shipping and handling will be charged in addition to the price of the Products unless otherwise expressly indicated at the time of sale.
Taxes, Duties and Charges
All charges quoted under this Contract are exclusive of any applicable National, Federal, State, Provincial, Sales, Use, and Value Added taxes that are the responsibility of the Purchaser and which Ryzex is required to collect and remit in accordance with all applicable laws
Late payment and Interest charges
In the event that Ryzex grants the Purchaser credit and payment is not received by Ryzex on the due date(s), Purchaser will also, to the extent permitted by applicable law, pay to Ryzex an amount equal to one and one half per cent (1.5%) of the amount then due as an interest charge in respect of every calendar month or part thereof during which such amount has been overdue.
Pricing and Availability
All pricing is subject to change at any time. Ryzex reserves the right to make adjustments to pricing, products and service offerings without prior notice, and for reasons including, but not limited to changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements.
All orders are subject to product availability. Ryzex cannot guarantee that it will be able to fulfill Customer's orders.
Risk of Loss, Title and Security Interest
Risk of loss or damage during shipment shall pass from Ryzex to Purchaser upon receipt of Products by Purchaser. Title to all Products shall remain in Ryzex until indefeasible payment in full of the entire purchase price. In addition, Purchaser hereby grants Ryzex a security interest in all Products, and all proceeds thereof, to secure the unpaid portion of the purchase price. Ryzex shall have the right to file UCC financing statements, PPSA filings, or other comparable instruments evidencing such title and/or security interest.
Prior Use and Alteration
Products may have been altered, Pre-Owned, and/or upgraded by Ryzex or others using materials from more than one manufacturer. Some or all components may have been in prior use. Purchaser shall not remove or obscure any labels or notices on the Products, nor otherwise give the impression that Used, As Is or Pre-Owned Product is, in fact, New.
Export
Purchaser acknowledges that the Products sold under this Agreement may include technology and software that is subject to the customs and export control laws and regulations of the United States ("U.S.") and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. Purchaser acknowledges that it is Purchaser’s sole responsibility to comply with and abide by those laws and regulations. Force Majeure
Ryzex will not be responsible for any delay in delivery, or failure to deliver, any Products if such delay or failure results from causes beyond its control, including but not limited to, acts of God, war, terrorism, labor disputes, delay or failure of suppliers or of transportation, or governmental acts.
Severability
If any provision of this Agreement is wholly or partially invalid or unenforceable, such invalid or unenforceable provision will be regarded as excluded from this Agreement and the other provisions of the Agreement will not be affected by it.
Arbitration
Any dispute arising out of this Contract shall be resolved by binding arbitration in accordance with the rules of the Judicial Arbitration and Mediation Services (JAMS). Venue for the arbitration proceedings and for enforcement of this Contract shall be in Whatcom County, Washington. The decision of the arbitrator shall be final and non-appealable.
Legal entity, Law and Jurisdiction
If Purchaser is resident in Canada “Ryzex” shall mean Ryzex Re-Marketing Inc. which is incorporated in the Province of British Columbia, Canada and the Courts of British Columbia shall have exclusive jurisdiction over all matters relating to this Agreement. If Purchaser is resident in any country located in Europe, the Middle East or Africa “Ryzex” shall mean Ryzex plc which is incorporated in England and the Courts of England shall have exclusive jurisdiction over all matters relating to this Agreement. If Purchaser is resident in the United States, Latin America, or Asia Pacific “Ryzex” shall mean Ryzex Inc. which is incorporated in the state of Washington and the Courts of Whatcom County, Washington shall have exclusive jurisdiction over all matters relating to this Agreement.
Entire Agreement
These Terms and Conditions constitute the entire agreement Between Ryzex and the Purchaser. The placement of an order to purchase Products from Ryzex shall be deemed to be acceptance of these terms by Purchaser. These Terms and Conditions supersede all prior proposals, offers, discussions, correspondence, or communications regarding this sale of Products to Purchaser. IT MAY ONLY BE MODIFIED BY A SUBSEQUENT AGREEMENT IN WRITING APPROVED BY AN AUTHORIZED OFFICER RYZEX. This Agreement is subject to the laws of Washington State and the Courts of Whatcom County, Washington shall have non-exclusive jurisdiction over all matters relating to this Agreement.
Notices to Ryzex should be sent to:
Ryzex, Inc.
4600 Ryzex Way
Bellingham, WA 98226
Attn: VP, Contracts and Administration
Merchandise Return Policy
To assist in providing the best service to our valued customers, Ryzex has developed the following guidelines in the event our customers need to return goods purchased from Ryzex.
RMA Required
Returned merchandise will not be accepted by Ryzex without a pre-approved Return Merchandise Authorization (RMA) Number. To obtain an RMA, please contact Ryzex Support at support@ryzex.com or 800-259-2595. An RMA for an exchange or a return for credit must be approved by Ryzex’s Sales Management prior to issuance of the RMA to the customer. An RMA for a warranty return must be approved by Ryzex’s Technical Support department prior to issuance of the RMA to the customer. This RMA number MUST be clearly labeled on the exterior packaging of the returned merchandise, or the return may be refused.
Eligibility Period
It is the responsibility of the customer to check the product for proper power up operation within 5 working days of the physical receipt of the product by the customer, and to notify the Ryzex Technical Support department within that time frame if any technical difficulties exist. Ryzex will only approve requests for returns of standard merchandise for exchange or credit if request is made within 15 working days of receipt date. If the return is warranty related, as defined under the Ryzex Warranty Policy, the following guidelines apply:
Pre-Owned Product – The warranty must be requested within 90 days of shipment date.
New Product – the warranty return must be requested within a time frame that is consistent within the warranty period offered by the original equipment manufacturer.
Please note that returns for credit, exchange or warranty are not allowed for product sold in an “As-is” condition, or for product that is customized. In addition, the returns of packaged software products for credit or exchange are not allowed if the package has been opened.
RMA Expiry Date
Once an RMA is issued, the merchandise must be returned within 15 days of the RMA date, or the RMA will be cancelled. Merchandise that has been approved for exchange or for return for credit, which is returned after the expiration of the RMA may not be accepted or, if accepted, will be subject to a minimum 20% restocking charge.
Shipping
Unless otherwise directed by Ryzex all returns must be sent freight prepaid to the following address:
Ryzex Inc.
4600 Ryzex Way
Bellingham, WA 98226
USA
The customer remains liable for freight charges on the original shipment. Please ensure the RMA number is clearly referenced on the shipping label.
Packaging
All returns must be packaged according to Ryzex Packaging Guidelines, and in “as delivered” condition. Returns for credit or exchange must be sent in the original OEM packaging and must include any manuals or other documentation, cables, accessories and other accompanying items as applicable. The merchandise must be unaltered and not have been subject to abuse. For returns of merchandise for warranty related service, include only the items requiring repair or replacement as listed on the RMA form received from Ryzex.
Application of Credit
Credit for returned merchandise will be applied to the customer’s account (less any applicable restocking charges) only after confirmation of receipt and inspection. Issuance of an RMA for a partial return of merchandise does not relieve the customer from the obligation to remit payment of the merchandise not returned in accordance with the payment terms referenced on the customer’s invoice or invoices.
Damage and Abuse
Unless addressed separately, merchandise not returned under these guidelines, returned damaged, abused or altered in any other fashion may be refused.
Repair Policy
Repair Authorization
Regardless of the nature of service provided by Ryzex (Flat Rate, Time and Materials, or Contract), Customer must first obtain a Ryzex Repair Authorization (RA) prior to sending equipment to Ryzex for service. Customer can obtain an RA by logging in to the Ryzex Customer portal, or by contacting Ryzex support. Detailed instructions for portal usage are located in the “Ryzex Help” link on the customer portal main page.
Once an RA has been obtained, Customer shall package equipment in accordance with Ryzex standard packaging guidelines. Ryzex standard packaging guidelines are located in the “Ryzex Help” link on the customer portal main page.
Flat Rate Basic & Comprehensive Repairs - Should your flat rate repair fall into the ‘Basic Repair’ category, work will commence as soon as the unit is received into a Ryzex repair depot.
- Should your flat rate repair fall into the ‘Comprehensive Repair’ category, you will be contacted for authorization to proceed. If you decline the comprehensive repair the unit will be subject to an evaluation fee.
- Expedited service may be available for your flat rate repair. Turn around time for an expedited repair is 3 days from receipt at a Ryzex repair depot. Expedited service must be approved in advance of the unit(s) being shipped to a Ryzex repair depot. An additional $75.00 per unit for scanners, and $100.00 per unit for terminals and radio frequency equipment will be invoiced for all expedited repairs.
Time and Materials Repairs
- For ‘time and materials’ repairs an estimate quote will be sent to you within 7 days of receipt of the unit(s) at a Ryzex repair depot.
- The estimate quote will detail the parts required as well as any lead times for parts which need to be special ordered. If lead time for the delivery of parts is extended by our suppliers we will notify you.
- Written approval from you must be received prior to commencing repairs.
- Should you decline the time and materials repair, the unit(s) will be returned to you un-repaired and you will be invoiced for the 2-hour minimum labor charge ($200.00).
Turn Around Times
- Advanced Replacement: Spare pool is maintained of ADC equipment on hand and replacement devices are shipped when the need arises.
- Immediate Replacement: Shipped within 1 day of reporting issue.
- Contract 3-day: Once the equipment is received, it is repaired and shipped back within 3 business days.
- Contract 5-day: Once the equipment is received, it is repaired and shipped back within 5 business days.
- Extended Service: Once the equipment is received, it is repaired and shipped back within 7-10 business days.
- Flat Rate: Once the equipment is received, it is repaired and shipped back within 7-10 business days.
- Time and Materials: Once the equipment is received, a quote for repair fees is sent to the customer within 7 business days. Repair turn around times depend on parts availability.
- Stated turn around times are calculate from the time equipment is received at a Ryzex repair depot, and the time it is shipped out from a Ryzex repair depot. Shipping time is not included.
No Problem Found
- If our technicians cannot find a problem with the unit (referred to at No Problem Found), a diagnostics/cleaning fee will be charged ($50.00 for scanners, $75.00 for terminals) in place of the basic repair fee.
Shipping Expenses
- The client is responsible for shipping expenses to the Ryzex repair depot.
- Within the contiguous 48 United States and Canada Ryzex will return all repaired equipment to you via ground freight at our expense.
- Customers outside of the contiguous 48 Unites States or Canada must pay all inbound & outbound freight, duties and taxes.
- Should you wish expedited freight service, please provide Ryzex with your shipping account number and preferred carrier. If this information is not provided, any additional expedited freight charges will be included on your invoice.
Repair Warranties
All Ryzex repairs carry a limited 30-day warranty.
All repairs being resubmitted for warranty work must be accompanied by an RA issued by Ryzex.