Terms and
Conditions of Sale
Onestream.net, Inc. ("ONESTREAM.NET") expressly conditions its
sales on the following terms and conditions:
Product Returns
ONESTREAM.NET offers a Limited Lifetime Warranty return policy on
all products sold to Retail End User Customers. For further
details on our Limited Lifetime Warranty please read our Limited
Lifetime Warranty Section or download a copy of the policy in our
“Customer Forms” Section of our web site.
ONESTREAM.NET offers a 90 Day return policy on all products sold
to non-End Users (resellers)
Purchasers, (hereafter "Customer") must contact ONESTREAM.NET to
initiate product return request and complete a Return Merchandise
Authorization (RMA) form within specified warranty period of invoice
date. The Return Authorization number issued to Customer by
ONESTREAM.NET must be visible on all returned goods. Unauthorized
returns will be refused at the receiving dock. See RMA form for
further details. A 15% restocking fee may apply.
To Request an RMA#, please complete our online form under the
“Request RMA” section of our web site.
Errors and Omissions
ONESTREAM.NET makes every effort to ensure the accuracy of published
information, including prices and inventory, however, errors or
omissions may occur. ONESTREAM.NET does not guarantee the accuracy
of any such published information, and Customer agrees to waive any
claims or damages against ONESTREAM.NET and to further hold
ONESTREAM.NET harmless from same arising in any manner from any
published information, inaccurate or otherwise. If an error is made
and a product is listed at an incorrect price or is unavailable,
ONESTREAM.NET shall maintain the right to refuse or cancel any
orders placed at the incorrect price or for unavailable product. If
the order has been confirmed and charged to your credit card, your
account will be adjusted accordingly.
Non-U.S. Sales
Sales of our products must comply with all applicable laws and
regulations, including but not limited to U.S. Commerce Department
Regulations and State Department restrictions.
Standard Terms and Conditions of Sale
Customer acknowledges agreement with these Terms and Conditions
by the placement of an order to purchase product from ONESTREAM.NET.
- New Customers
Initial order from
all new Customers will require payment in advance to expedite order
and ensure immediate processing and shipment
To establish terms,
a completed credit application is required
If tax-exempt, a
sales tax exempt certificate is required
Credit evaluation normally requires 72
hours to complete on domestic inquiries; international transactions
may require additional time. In either case, ONESTREAM.NET cannot
guarantee timeliness of completion. To complete a credit
application, please refer to our “Customer Forms” section of our web
site.
2.
Payment Terms - Standard Company Terms Net 20
All invoices are due within the net terms established and indicated on our invoice unless otherwise specified. All past due accounts
may be subject to a services charge of 1 ½% per month (18% per
annum). If it becomes necessary to place an account with an attorney
for collection, all costs incurred, including reasonable attorney
fees, are paid by the Customer. Ownership of product does not
transfer and ONESTREAM.NET retains title to product, until payment
has cleared through ONESTREAM.NET's bank.
3.
Taxes
The Customer shall pay all taxes applicable to products ordered
unless Customer provides ONESTREAM.NET with a tax exemption
certificate acceptable to taxing authorities. On international
shipments, duties and taxes are the Customer's responsibility and
are paid directly by the Customer. For the proper exemption
certificate we require, please download the California Tax Exemption
form from our “Customer Forms” section of our web site.
4.
Price and Quotations
- Unless
otherwise specified, all prices are subject to change without
notice. All invoice prices are those in effect at the time of
shipment unless agreed upon in writing in advance. Quotations
and prices do not include applicable State and Local taxes and
do not usually include freight charges.
- Payment is
due before shipment, unless credit terms have been arranged in
writing in advance with ONESTREAM.NET's Accounting Department.
-
ONESTREAM.NET collects sales and use taxes for sales shipped to
California. ONESTREAM.NET shall not be liable for handling or
customs charges for shipments outside the United States.
- All pricing
information in published literature and on our Web site is
current at the time of publication and is provided for general
information and estimating purposes only. Published prices are
not quotations or offers to sell, and ONESTREAM.NET does not
guarantee the accuracy of same. Customers shall not rely on same
but should contact ONESTREAM.NET to confirm prices, quotes and
availability of product. (See section on Errors and Omissions
for further details.).
- All
quotations are subject to termination by ONESTREAM.NET. at any
time prior to receipt and subsequent acceptance of the
Customer's Purchase Order.
5.
Shipping
All shipments are F.O.B. Rocklin, CA.
Customer is responsible for prepay and
add freight charges on invoice unless freight collect is designated
on Customer's PO and a valid shipper number is provided.
ONESTREAM.NET reserves the right to invoice Customer for bill back
of freight charges if Customer provides incorrect information or
refuses to pay courier directly.
6.
Manufacturer License Agreements
ONESTREAM.NET is in the business of procuring, refurbishing, and
reselling used networking technology equipment. Some equipment,
generally routers and switches, require licensed software, which
works in conjunction with the physical equipment or hardware. Many
of the networking OEM manufacturers' licensing terms and conditions
state that these licenses are non-transferable and that a customer
who buys such used equipment must re-license the software to be used
in conjunction with the physical equipment.
ONESTREAM.NET's standard terms and
conditions dictate that we are in the business of reselling the
physical used networking technology assets, commonly known as
hardware, and that we do not resell the software that may be loaded
on these systems. Our customers are responsible for complying with
OEM manufacturer licensing terms and conditions. ONESTREAM.NET does
not warrant any software revision levels or load software on any
products we sell.
7.
International Shipments
Products sold internationally may be exported from the United States
only in accordance with Export Administration Regulations. Diversion
contrary to United States law is prohibited and Customer agrees to
waive any claims against ONESTREAM.NET for damages or costs and to
further indemnify and defend ONESTREAM.NET for any damages, claims
or costs related in any way to Customer's improper diversion. Duties
and taxes are the Customer's responsibility and are paid directly by
the Customer.
8.
Limited Warranty
In conjunction with the 30-Day Return Policy on all products,
ONESTREAM.NET offers a Standard 90-Day Limited Warranty to Domestic
and International Resellers. All ONESTREAM.NET warranties are
calculated from the date of invoice. Terms are as follows:
- Product is
tested before it leaves our warehouse; therefore ONESTREAM.NET
warrants product will be fully operational when shipped from our
dock (unless otherwise specified).
- Products
returned due to incompatibility issues are not considered
defective and may be subject to a 15% restocking fee.
- It will be ONESTREAM.NET's sole discretion whether to remedy warranty
claims through product replacement, repair, or credit on
account. These three options are the sole remedies available to
customers under ONESTREAM.NET's warranty programs. In no event
shall ONESTREAM.NET be liable for special, incidental, or
consequential damages, including but not limited to loss of
profit or opportunity. ONESTREAM.NET's liabilities for repair,
replacement, or credit on account will in no way exceed the
original purchase price of the defective equipment.
-
ONESTREAM.NET's Limited Lifetime Warranty for End Users is
applicable only to the original purchaser of the equipment.
- Claims for
DOA products under all ONESTREAM.NET limited warranties must be
made within 30 days of product receipt.
-
ONESTREAM.NET limited warranties do not cover products damaged
through misuse or improper installation, operation, or
modifications.
- A Return
Material Authorization (RMA) number is required for all product
returns. Unauthorized returns will be refused at the receiving
dock. Once product is received at our warehouse in California
and internal RMA procedures are completed, Customer's account
will be adjusted accordingly.
- This
warranty does not cover product damaged during shipping - other
terms and conditions may apply.
- Should
products be defective, the following procedure must be followed:
- Customer
must contact ONESTREAM.NET to initiate product return request
and complete a Return Merchandise Authorization (RMA) form.
- At
ONESTREAM.NET's discretion, an engineer may contact the
Customer and try to resolve product issues over the phone.
- Subject to
the limited warranty, the Product will be repaired or replaced
at ONESTREAM.NET's discretion. If product is not repairable,
Customer's account will be adjusted accordingly. In no event
shall ONESTREAM.NET be liable for damage in excess of purchase
price.
- This
warranty does not apply to damages as a result of an act of
God, acts or omissions of third parties, misuse, or improper
installation and will be deemed null and void if our products
are in any way altered or modified after delivery. ONESTREAM
uses tamper evident warranty stickers that will void all
warranties if damaged or removed.
- Customer
is responsible for properly packaging equipment and shipping
back to ONESTREAM.NET in the condition received. RMA# must be
referenced on shipment.
Limited Lifetime Warranty
Onestream.net,
Inc.
Onestream.net, Inc.’s commitment to
providing the best Information Technology Networking Solutions
to our retail customers is reflected in the Limited
Lifetime Warranty. Onestream.net, Inc. provides this warranty as
standard on all of our networking hardware products sold to our
retail, end-user customers only. Onestream.net, Inc. warrants
that the product shall conform to and perform in accordance with
published technical specifications and shall be free of defects in
materials and workmanship. In the event of failure onestream.net,
Inc. will repair or replace the product at onestream.net, Inc.’s
sole discretion. Failures resulting from misapplication or misuse
of the product, failure to adhere to any specifications or
instructions, damage due to improper installation and/or operation
of the equipment, failure resulting from neglect, abuse, accidents,
or acts of nature is not covered under this warranty. Products
returned due to damage or misuse and products retested with no
problem found are subject to repair/retest charges. Products
returned due to incompatibility issues are not considered defective
and may be subject to a 15% restocking fee.
Onestream.net, Inc.’s warranty covers
hardware functionality only. Software, software licenses and
license transfers are not included with any equipment and are not
covered by our warranty. Onestream.net, Inc. does not warranty
upgradeability or compatibility with prior or future releases of
hardware or software.
To obtain warranty service, contact,
onestream.net, Inc. to initiate the process. At onestream.net,
Inc.’s discretion, an engineer may contact the customer to try to
resolve product issues over the phone.
For advanced replacement, a purchase
order or credit card number and authorization form must be provided
in order to obtain the required RMA (Return Merchandise
Authorization) number from customer service prior to returning the
product and before advance replacement is shipped. No item can be
returned without prior authorization.
Once you are given an RMA number,
warranty service may be obtained by delivering the product to
onestream.net, Inc. and providing proof of purchase. Unauthorized
returns will be refused at the receiving dock. All invoices of
equipment must be paid in full in accordance with the terms agreed
upon with onestream.net, Inc. Upon return customer agrees to insure
the product or assume the risk of loss or damage in transit, and to
prepay shipping charges to onestream.net, Inc. Customer also
agrees to use the original shipping container or equivalent adhering
to the shipper’s packing requirements. It will be in onestream.net,
Inc.’s sole discretion whether to remedy warranty claims through
product replacement, repair, or credit on account. These three
options are the sole remedies available to customers under
onestream.net, Inc.’s warranty program. After product is received
at our warehouse and internal testing and RMA procedures are
completed, customer's account will be adjusted accordingly should
this be necessary.
Warranty is valid for the original
purchaser and is not transferable. Warranty will become null and
void if any equipment has evidence of tampering including;
altering of setup, upgrading, or if components or modules included
in the equipment are altered or if onestream.net, Inc.’s product’s
security labels, or seals are broken or tampered with, for any
reason.
In no event shall onestream.net, Inc.
be held liable for special, incidental, or consequential damages,
including but not limited to loss of profit or opportunity. Onestream.net,
Inc. is not responsible for any costs incurred by customers in
installation of equipment or software, or software/hardware
compatibility problems encountered when integrating or modifying
equipment received from onestream.net, Inc. Onestream.net, Inc.’s
liability for repair or replacement will in no way or event exceed
original product/material purchase price.
These Terms and Conditions of Sale
represent the complete and final agreement between the Customer and
onestream.net ,Inc. for the matters set forth herein and may be
supplemented only by prices, quantity and description outlined in
onestream.net, Inc.’s invoice for the relevant sale. Terms contained
in Customer's purchase order, offers to buy, terms and conditions,
quotes, and the like shall have no effect, and shall not become part
of any onestream.net, Inc.’s sale.
9.
Limitations of Liability
In no event shall ONESTREAM.NET be liable for special, incidental,
or consequential damages, including but not limited to loss of
profit or opportunity. Customer's sole remedies are stated in these
Terms and Conditions of Sale. ONESTREAM.NET's liability for repair
or replacement will in no way or event exceed original purchase
price.
10.
Exclusive Agreement
These Terms and Conditions of Sale represent the complete and final
agreement between the Customer and ONESTREAM.NET for the matters set
forth herein and may be supplemented only by prices, quantity and
description outlined in ONESTREAM.NET's invoice for the relevant
sale. Terms contained in Customer's purchase order, offers to buy,
terms and conditions, and the like shall have no effect, and shall
not become part of any sale.
11.
General
These Terms and Conditions of Sale and any transactions made under
them shall be interpreted by and be subject to the laws of the State
of California without regard to its conflict of laws principles. In
the event any proceedings or suit is brought regarding these terms
and conditions and the subject hereto, such suit shall be brought in
the courts of Placer County, California, or the United States
District Court of California.
In the event any section or portion of a
section of these Terms and Conditions of Sale are deemed unlawful or
unenforceable, that section or portion of a section shall be
stricken from the Terms and Conditions of Sale, and the remaining
terms shall continue in full force and effect.
ONESTREAM.NET shall not be responsible
for damages or delays resulting from Acts of God, and from other
actions, both governmental and otherwise, including but not limited
to war, riot, seizure, terrorism, and embargo.
These Terms and Conditions of Sale may
be modified from time to time by ONESTREAM.NET without notice, and
are current as of the date of the then current Web site. Please
refer to the current Web site.
LEGAL NOTICES
Disclaimer
While ONESTREAM.NET uses reasonable efforts to include accurate and
up-to-date information on this Web site, ONESTREAM.NET makes no
warranties or representations as to its accuracy. ONESTREAM.NET
assumes no liability or responsibility for any typographical or
other errors or omissions in the content of this site. In the event
that a product is listed at an incorrect price or with other
incorrect information due to a typographical or other error,
ONESTREAM.NET reserves the right to refuse or cancel any orders
placed for the product listed incorrectly. ONESTREAM.NET shall have
the right to refuse or cancel any such orders whether or not the
order has been confirmed and/or your credit card has been charged.
If your credit card has already been charged for the purchase and
your order is canceled, ONESTREAM.NET shall issue a credit to your
credit card account in the amount of the charge.
Limitation and Liability
ONESTREAM.NET and/or its respective suppliers make no representation
about the suitability of the information contained in the documents
and related graphics and/or software published on any server for any
purpose. All such documents and related graphics are provided "As
Is" without warranty of any kind and are subject to change without
notice. The entire risk arising out of their use remains with the
recipient. In no event shall ONESTREAM.NET and/or its respective
suppliers be liable for any direct, consequential, incidental,
special, punitive, or other damages whatsoever (including without
limitations, damages for loss of business profits, business
interruption, or loss of business information and Customer agrees to
hold ONESTREAM.NET and its suppliers harmless from, and to defend
same from any and all claims, costs or damages of any kind
whatsoever arising from any representation or misrepresentation in
any way arising from Web site and/or said documents, graphics, and
software.).
Trademarks
Onestream.net, Inc. and the names of ONESTREAM.NET products and
services referenced herein are either trademarks and/or service
marks or registered trademarks and/or service marks of
ONESTREAM.NET.
Other product and company names mentioned herein may be
trademarks and/or service marks of their respective owners.
Promotions
All promotions are subject to availability and inventory.
ONESTREAM.NET reserves the right to change, alter, or cancel
promotions at any time without notice.
   
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