FISHER UNITECH, LLC
TERMS AND CONDITIONS
This quotation will remain firm for thirty (30) days from the date set forth herein, unless modified or withdrawn in writing by Fisher Unitech, LLC prior to the customer’s execution of this quotation. Any quotation executed by the customer in accordance with the prior sentence will constitute a legal and binding contract between the customer and Fisher Unitech, which will be subject to these terms and conditions in all respects.
The products and services included in this quotation represent an alternative. It is the obligation of the customer to ensure that the alternative listed in this quotation will satisfy the needs of the customer.
CREDIT AND TAXES
New customers and customers that have not purchased products or services from Fisher Unitech during the two (2) year period prior to the date of this quotation may be required to complete a credit application and submit it with their order. To the extent Fisher Unitech is not satisfied, in its sole discretion, with the creditworthiness of any such customer, Fisher Unitech reserves the right to (a) withdraw this quotation, whether or not it has been executed by any such customer prior to such withdrawal, without any liability to Fisher Unitech, or (b) modify its standard payment terms set forth below, including by requiring any such customer to pay the entire aggregate amount due under this quotation prior to delivering any products or providing any services.
The prices included in this quotation do not include state sales tax unless specifically cited in the quote.
Payment for the purchase of products or services other than consulting or customized training shall be within 30 days of execution of the agreement by the customer.
Payment for consulting services or customized training provided pursuant to this quotation will be payable as follows: (a) 50% of the aggregate estimated project cost set forth in this quotation, will be invoiced to the customer upon execution of this agreement and paid by the customer within 30 days. The balance of the project cost (including, for the avoidance of doubt, costs in excess of the estimated project cost set forth in this quotation) will be invoiced by Fisher Unitech to the customer semi-monthly either on a time and material basis or in accordance with the percentage completion of the project relative to the outstanding balance due by the customer related thereto, and the customer will pay such invoices within 30 days of receipt thereof.
All past due payments not paid within ten (10) days of the due date are subject to 1.5% per month service charge or fraction thereof elapsed after the date due if not paid in full.
TERM OF MAINTENANCE & SUBSCRIPTIONS
The term of each subscription or maintenance agreement shall be as specified in the applicable quote. Except as otherwise specified in the quote, subscriptions and maintenance agreements will automatically renew for additional one (1) year terms unless either party gives the other notice of non-renewal at least 30 days before the end of the relevant subscription or maintenance term. Fisher Unitech will be permitted, in its sole discretion, to increase its prices for annual subscription or maintenance at any point prior to payment by the customer of the invoice related to the applicable annual term. We will provide you notice of different pricing at least 60 days prior to the applicable renewal term.
TERM OF TRAINING & CONSULTING
Purchases of standard training classes offered at a Fisher Unitech location or online are valid for six (6) months from the date of purchase and are not refundable. Purchases of training passes, which allow a participant to attend a defined number of classes over a twelve (12) month period, expire after twelve (12) months from the date of purchase and are not refundable.
If customized training or consulting is not scheduled within six (6) months of purchase and completed within twelve (12) months of purchase, because of client delays, contract will be cancelled and client will be subject to a 50% cancellation fee. Client will also be responsible for any travel or out of pocket expenses that result from the cancellation.
If scheduled customized training or consulting is rescheduled less than thirty (30) days prior to execution a penalty of 20% of the quoted cost of the training or consulting will apply. Client will also be responsible for any travel or out of pocket expenses that result from the rescheduling.
CANCELLATION AND RETURNS POLICY
All sales are final and non-refundable. Any refused and/or returned packages will be subject to a 20% restocking fee. Shipping and handling charges are non-refundable. Returns must have a Fisher Unitech Return Merchandise Authorization (RMA) number. Any claims for damaged or incomplete shipment must be made within 48 hours of receipt by email to email@example.com, and will only be replaced with the same title.
Fisher Unitech accepts no responsibility for delays due to causes beyond its control, including but not limited to strikes, fires, floods, or delays in its usual material supply beyond order shipment dates. The customer is responsible for all shipping costs and expenses, unless other arrangements are approved by Fisher Unitech in writing in advance of the scheduled shipment date. Delivery dates are approximate and are based upon prompt receipt of payment (to the extent required prior to shipment) and all necessary information and approvals from the customer.
Fisher Unitech is not providing any express or implied warranty for any products (including software products, online services or other intellectual property) provided pursuant to this quotation, and any warranty in respect of such products will be solely provided by the applicable developer or manufacturer of such products. Fisher Unitech hereby expressly disclaims all other warranties, expressed or implied, including, but not limited to, fitness for a particular purpose or use to the original customer or any other customer, and all such warranties are hereby disclaimed.
Fisher Unitech will provide information to the customer upon the customer’s request regarding any product warranty available from the applicable developer or manufacturer.
Any software, online services or other intellectual property provided by Fisher Unitech to the customer is subject to the license and other terms applicable thereto as prescribed by the applicable developer and/or as contained in or set forth in the packaging related to such software or other intellectual property, as applicable. Such license terms will be provided by Fisher Unitech to the customer upon the customer’s request.
Title to any equipment purchased pursuant to this quotation will pass to the customer upon payment in full for such equipment, and Fisher Unitech has a continuing purchase money security interest in any equipment, including any cash and non-cash proceeds related thereto, delivered to the customer for which the customer has not yet made payment in full, for the unpaid purchase price related to such equipment.
It is expressly agreed that any dispute regarding this quotation or these terms and conditions, including any products or services provided hereunder, or any other transactions between the customer and Fisher Unitech, shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association with jurisdiction in Oakland County, Michigan. The award shall be final and binding and judgment thereon may be entered in any court, state or federal, having jurisdiction.
Should any provision of this quotation or these terms and conditions be finally determined by a court or other competent authority to be unenforceable or prohibited in any state or other jurisdiction, then such provision shall, as to such provision and such jurisdiction only, be deemed severed to the extent of unenforceability or prohibition. Subject to such severance, all remaining provisions of this quotation or these terms and conditions, as applicable, shall continue in full force and effect.
This quotation, as supplemented by these terms and conditions, shall constitute the entire contract between Fisher Unitech and the customer and no prior or present negotiations, correspondence, conversations or course of dealing will be deemed to modify or supplement the specific terms hereof. No subsequent modifications of or additions shall become binding unless executed in writing by the customer and subsequently approved or acknowledged in writing by an authorized officer of Fisher Unitech. This quotation and these terms and conditions are subject to, and will be construed in accordance with, the laws of the State of Michigan.
The customer agrees not to solicit any employee or independent contractor of Fisher Unitech who delivers services to the customer for employment or to provides services to the customer, in each case during the period that such employee or independent contract is delivering services to the customer and during the period ending six months after the conclusion of such services by the applicable employee or independent contractor.
Rev. 7 12-1-2018