Term of Sale

V get it Terms and Conditions of Sale

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY.

THESE TERMS AND CONDITIONS OF SALE (“TERMS”) GOVERN PURCHASES OF PRODUCTS (DEFINED BELOW) FROM V Get I.T.,

ALL OF WHICH DO BUSINESS AS V get it (COLLECTIVELY “V get it”). ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORM DELIVERED BY YOU (“CLIENT”) ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. SUCH ADDITIONAL OR DIFFERENT TERMS AND CONDITIONS CONTAINED IN ANY FORM PROVIDED BY CLIENT, SUCH AS A PURCHASE ORDER, WILL BE NULL AND VOID.

BY PLACING AN ORDER FOR PRODUCTS (THE “PRODUCTS”) DESCRIBED IN V GET IT’S SALES QUOTE, INVOICE, PURCHASE ORDER FORM, OR OTHER DOCUMENTATION PROVIDED BY V GET IT (COLLECTIVELY, “V GET IT ORDER FORMS”), CLIENT AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS UNLESS CLIENT AND V GET IT HAVE SIGNED A SEPARATE AGREEMENT WHICH EXPRESSLY OVERRIDES THESE TERMS, IN WHICH CASE THE SEPARATE AGREEMENT WILL CONTROL.

GENERAL DESCRIPTIONS OF THE PRODUCTS POSTED ON ANY V GET IT WEBSITE DO NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN V GET IT AND CLIENT.

Application & Acceptance

V Get it’s acceptance of an order is subject to Client’s assent to these Terms, which shall be presumed from Client’s acknowledgment or submission of an order, acceptance of Products or services, and/or the payment of an invoice. Client agrees that no writing shall be required to make an order legally binding, notwithstanding contrary requirements in any law, and Client agrees not to contest the validity or enforceability of a genuine order under the provisions of a statute of frauds or any other applicable law. These Terms govern the relationship between Client and V get it with respect to Client’s purchase of the Products and constitute a binding contract between Client and V get it. These Terms are subject to change without prior notice, except that the Terms posted on V get it’s website at the time Client initially places or modifies an order will govern the order or order modification in question.

Governing Law

THIS AGREEMENT IS GOVERNED BY AND SHALL BE CONSTRUED UNDER THE LAWS OF THE STATE OF CALIFORNIA. ANY DISPUTE BETWEEN THE PARTIES SHALL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS SITTING IN CALIFORNIA. Except in the case of nonpayment, neither party may institute any action in any form arising out of these Terms more than one (1) year after the conduct or event giving rise to the cause of action occurred. The rights and remedies provided V get it under these Terms are cumulative, are in addition to, and do not limit or prejudice any other right or remedy of V get it at law or in equity.

Shipping & Risk of Loss

Title to Products and risk of loss or damage during shipment pass from V get it to Client upon delivery to the specified destination (F.O.B. Destination, freight prepaid and added). Notwithstanding the foregoing, title to software will remain with the applicable licensor(s), and Client’s rights therein are contained in the license agreement between such licensor(s) and Client.

V get it charges shipping and handling fees for every shipment, unless a special promotion or contract term provides otherwise; such cost includes the freight charged by the carrier, packaging, and handling, but does not necessarily equal a direct pass-through of such cost to Client. Client will be responsible for all shipping and related charges.

Delivery times are estimates only and V get it shall not be liable for delays of any kind including but not limited to delays which result from any circumstances beyond V get it’s control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.

Non-US or Export Sales

Transactions that involve an export of Products, including but not limited to commodities, software or technology, are subject to the Export Administration Regulations. Such Products were exported from the United States by V get it in accordance with the Export Administration Regulations. Diversion of the Products contrary to U.S. law is explicitly prohibited. Client expressly represents and warrants that it is eligible to receive products under U.S. law and agrees that it shall not export, re-export, or provide such items to any country, entity or person in contravention of regulations currently imposed by the U.S. Government without obtaining prior authorization from the United States Government. In addition, there are other countries, individuals or entities for which export is restricted, prohibited or for which an export license may otherwise be required. It is solely the responsibility of the Client to ensure it is in compliance with all U.S. export regulations. Manufacturers’ warranties for exported products may vary or may be null and void for products exported outside the United States.

LIMITED MANUFACTURER’S WARRANTY

Client understands that V get it is not the manufacturer of the Products purchased by Client hereunder and the only warranties offered are those of the manufacturer, not V get it. In purchasing the Products, Client is relying on the manufacturer’s specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by V get it.

V GET IT HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO THE PRODUCTS SOLD, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGMENT. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY. Client expressly waives any claim that it may have against V get it based on any product liability or infringement or alleged infringement of any patent, copyright, trade secret or other intellectual property rights (each a “Claim”) with respect to any Product and also waives any right to indemnification from V get it against any such Claim made against Client by a third party. Client acknowledges that no employee of V get it is authorized to make any representation or warranty on behalf of V get it or any of its Affiliates that is not in this Agreement.

V get it makes no warranties to Client and Client hereby acknowledges that V get it makes no warranties in regard to the applicability of all laws and regulations affecting, without limitation the manufacture, performance, sale, packaging and labeling of the Products which are in force within Client’s territory.

Client further acknowledges and agrees that V get it makes no representations, warranties or assurances that the Products are designed for or suitable for use in any high risk environment, including but not limited to aircraft or automobile safety devices or navigation, life support systems or medical devices, nuclear facilities, or weapon systems, and Client agrees to indemnify in V Get I.T  with any such use of the Products. Client further agrees to review and comply with the manufacturer’s disclaimers and restrictions regarding the use of the Products in high risk environments.

Client shall be solely responsible for daily back-up and other protection of its data and software against loss, damage or corruption. Client shall be solely responsible for reconstructing data (including but not limited to data located on disk files and memories) and software that may be lost, damaged or corrupted as a result of the Products. V Get it AND ITS SUPPLIERS, SUBCONTRACTORS AND AGENTS ARE HEREBY RELEASED AND SHALL CONTINUE TO BE RELEASED FROM ALL LIABILITY IN V Get it WITH THE LOSS, DAMAGE OR CORRUPTION OF DATA AND SOFTWARE, AND CLIENT ASSUMES ALL RISK OF LOSS, DAMAGE OR CORRUPTION OF DATA AND SOFTWARE IN ANY WAY RELATED TO OR RESULTING FROM THE PRODUCTS.

Pricing, Availability & Corrections

The prices of the Products are listed on V get it’s website, quotes, or catalogs. Prices are subject to change without notice. V get it reserves the right to make adjustments to pricing and Products offerings for reasons including, but not limited to, changing market conditions, Product discontinuation, Product unavailability, manufacturer price changes and errors in advertisements. V get it reserves the right to update or correct any errors or omissions in any order, at any time and without prior notice. V get it reserves the right to cancel or refuse any order based on incorrect pricing or availability. Therefore, V get it cannot guarantee that it will be able to fulfill Client’s orders.

Limitation of Liability

V Get it SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTIAL, PUNITIVE, OR OTHER INDIRECT DAMAGES, REGARDLESS OF THE CAUSE OF ACTION, AND EVEN IF CLIENT HAS ADVISED V GET IT OF THE POSSIBILITY OF SUCH DAMAGES.

THE MAXIMUM AMOUNT OF DIRECT DAMAGES V Get it WILL BE LIABLE FOR IS AN AMOUNT EQUAL TO THE AMOUNTS PAID BY CLIENT TO V GET IT.