THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE CUSTOMER HAS SIGNED A
SEPARATE FORMAL PURCHASE AGREEMENT WITH DIGITAL ADDITION, IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN; OR (II) UNLESS OTHER DIGITAL ADDITION. STANDARD
TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change without prior written notice
at any time, in Digital Addition's sole discretion.
Other Documents: Other than as specifically provided in any separate
formal purchase agreement between Customer and Digital Addition, these terms and
conditions may NOT be altered, supplemented, or amended by the use of any other
document(s). Any attempt to alter, supplement or amend this document or to enter
an order for product(s) which is subject to additional or altered terms and
conditions will be null and void, unless otherwise agreed to in a written
agreement signed by both Customer and Digital Addition.
Governing Law: THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF PENNSYLVANIA, WITHOUT REGARD TO CONFLICTS
OF LAWS RULES.
Payment Terms; Orders; Quotes; Interest: Terms of payment are within
Digital Addition's sole discretion, and unless otherwise agreed to by Digital
Addition, Digital Addition must receive payment prior to acceptance of an order.
Payment for the products will be made by credit card, wire transfer, or some
other prearranged payment method unless credit terms have been agreed to by
Digital Addition. Invoices are due and payable within the time period noted on
the invoice, measured from the date of the invoice. Digital Addition may invoice
parts of an order separately. Orders are not binding upon Digital Addition until
accepted by Digital Addition. Any quotations given by Digital Addition. will be
valid for the period stated on the quotation. Customer agrees to pay interest on
all past-due sums at the highest rate allowed by law.
Shipping Charges; Taxes: Shipping and handling will be shown on
Digital Addition's invoice(s). Unless Customer provides Digital Addition with a
valid and correct tax exemption certificate applicable to the product ship-to
location prior to Digital Addition's acceptance of the order, the customer is
responsible for sales and all other taxes associated with the order, however
designated, except for taxes on Digital Addition's net income. If applicable, a
separate charge for taxes will be shown on Digital Addition's invoice.
Title; Risk of Loss: Title to products passes from Digital Addition to
Customer on shipment from Digital Addition's facilities. Loss or damage that
occurs during shipping by a carrier selected by Customer is Customer's
responsibility. Title to software will remain with the applicable licensor(s).
Warranties, Service and Support: THE LIMITED WARRANTIES, SERVICE AND
SUPPORT (WARANTIES) APPLICABLE TO PRODUCTS SOLD BY DIGITAL ADDITION ARE INCLUDED
ON THE BOTTOM OF THE INVOICE ALONG WITH THE PRODUCTS AND CAN ALSO BE LOCATED
ON-LINE. DIGITAL ADDITION MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN
DIGITAL ADDITION'S APPLICABLE POLICIES IN EFFECT ON THE DATE OF THE INVOICE. ANY
SUCH STATEMENTS WILL BE EFFECTIVE, AND DIGITAL ADDITION WILL BE OBLIGATED TO
HONOR ANY SUCH WARRANTIES, ONLY UPON DIGITAL ADDITION'S RECEIPT OF PAYMENT IN
FULL FOR THE ITEM TO BE WARRANTED.
Limitation of Liability: DIGITAL ADDITION DOES NOT ACCEPT LIABILITY
BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT
BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. DIGITAL
ADDITION WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER
CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS
EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE
PURCHASE OF PRODUCTS OR SERVICES, DIGITAL ADDITION IS NOT LIABLE OR RESPONSIBLE
FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR
THE PURCHASE(S) UNDER THIS AGREEMENT.
