THE SALE OF PRODUCTS AND SERVICES (“PRODUCTS”) BY CUBIX CORPORATION LLC ARE SUBJECT TO THESE TERMS AND CONDITIONS (“AGREEMENT”) REGARDLESS OF OTHER OR ADDITIONAL TERMS OR CONDITIONS THAT CONFLICT OR CONTRADICT THIS AGREEMENT IN ANY PURCHASE ORDER, DOCUMENT, OR OTHER COMMUNICATION (“ORDER”). PREPRINTED TERMS AND CONDITIONS ON ANY CUSTOMER (“CUSTOMER”) DOCUMENT (FOR EXAMPLE, PURCHASE ORDERS OR CONFIRMATIONS) AND/OR CUBIX’S FAILURE TO OBJECT TO CONFLICTING OR ADDITIONAL TERMS WILL NOT CHANGE OR ADD TO THE TERMS OF THIS AGREEMENT.
TERMS & CONDITIONS
All orders are subject to acceptance by Cubix. Cubix reserves the right to allocate the sale of Products among its customers. Orders for special, custom, value-added and Products specifically identified by Cubix as non-standard are non-cancelable and non-returnable. The Customer may not cancel or reschedule orders for standard Products without Cubix’s consent, which shall not be unreasonably withheld.
Every attempt has been made to ensure the accuracy of pricing and factual information presented on the Cubix web site. However, prices are subject to change without notice, and rare pricing errors may occur on this site. Similarly, inadvertent factual errors may occur on this site. Cubix will not be held responsible for such errors. However, we will take prompt action to correct any errors that are brought to our attention. Cubix’s quoted prices apply for 30 days or as otherwise stated in the quote. Cubix may increase prices if Cubix’s costs increase or other circumstances beyond Cubix’s reasonable control. Prices are subject to change at any time. Prices are for Products only and do not include taxes, impositions and any other charges, fees, shipping charges and duties imposed by any government authority. Customer is responsible for any additional fees and taxes.
TERMS OF PAYMENT
Credit card: Cubix accepts payment by Visa, MasterCard and American Express. Other prepayment options: We also accept prepayment by check, money order or wire transfer. Personal and company checks must clear before shipment. Net terms: Limited terms are offered only to approved companies. A credit application may be required. First orders from a new company may require that the terms be secured with a credit card. The credit card will be authorized but not charged, assuming prompt payment per terms. With credit approval from Cubix accounting, payment of the total invoice is due 30 days from the invoice date. On any past due invoice, Cubix may charge interest from the payment due date to the date of payment (at 1.5% per month), plus reasonable attorney fees and collection costs. Cubix may change the terms of Customer’s credit at any time. Cubix may apply payments to any of Customer’s accounts.
DELIVERY & TITLE
Shipments are FOB, Carson City, Nevada. Customers are charged a shipping fee that includes our shipping cost estimate from the carrier, shipping insurance from the carrier, and a handling fee. Prior to purchase, every customer may receive on request a binding quote that includes shipping charges. Customer is responsible for all shipping costs and applicable surcharges. Title and risk of loss pass to Customer upon delivery of the Products to the carrier. Cubix’s delivery dates are estimates only and Cubix is not liable for delays in delivery. Cubix reserves the right to make partial shipments and Customer will accept delivery and pay for the Products delivered. A delayed delivery of any part of an Order does not entitle Customer to cancel other deliveries.
Customer cannot return Products without a return material authorization (“RMA”) number. Please see Cubix warranty for details.
LIMIT OF LIABILITY
CUBIX IS NOT LIABLE FOR AND CUSTOMER IS NOT ENTITLED TO ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; FOR EXAMPLE, LOSS OF PROFITS OR REVENUE, LOSS OF DATA, LOSS OF USE, REWORK, MANUFACTURING EXPENSE, INJURY TO REPUTATION, OR LOSS OF CUSTOMERS. CUSTOMER’S RECOVERY FROM CUBIX FOR ANY DIRECT DAMAGES WILL NOT EXCEED THE PRICE OF THE PRODUCT AT ISSUE. CUSTOMER WILL INDEMNIFY, DEFEND AND HOLD CUBIX HARMLESS FROM ANY CLAIMS BASED ON CUBIX’S COMPLIANCE WITH CUSTOMER’S DESIGNS, SPECIFICATIONS, OR INSTRUCTIONS, MODIFICATION OF ANY PRODUCTS BY ANYONE OTHER THAN CUBIX OR USE IN COMBINATION WITH OTHER PRODUCTS
FORCES BEYOND CUBIX CONTROL
Cubix is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond its reasonable control (for example, acts of God, acts or omissions of the Customer, man-made or natural disasters, materials shortages, acts of terrorism, or delays in transportation).
The laws of the State of Nevada will exclusively govern any dispute between Cubix and Customer.
Cubix and Customer are independent contractors and agree that this Agreement does not establish a joint venture or partnership.