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Terms and Conditions of Sale


Selected Terms of Xitrix Terms and Condition of Sale, Service and Technical Support

1. DEFINITIONS
“Xitrix” means the Xitrix Computer Corporation subsidiary company selling products to the customer as identified in the Customer Invoice.

“Contract” means a contract for sale by Xitrix to the customer of the Product and/or Services incorporating the Terms ans Conditions.

“Terms and Conditions” means the terms and conditions as fully set out in the Troubleshooting Guide and on Xitrix website:www.xitrix.net, the selected provisions of the terms and conditions are set out here.

2. FORMATION OF CONTRACT
2.1 Xitrix shall sell and the Customer shall purchase the Products and/or Services. As principals only, to the intent and with the effect that no other party shall have any rights or obligations or be entitled to sue or be sued, under the Contract. The Customer warrants that it is buying for its own internal use only and not for re-sale purpose. Xitrix shall be entitled to refuse to accept orders placed by the Customer if the Customer breaches or Xitrix, on reasonable grounds, suspects that the Customer will breach this warranty.

2.2 The Products sold and/or Services rendered are subject to the Terms and Conditions to the exclusion of any other terms and conditions stipulated or referred to by Customer. The Customer acknowledges that it is aware of the contents of and agrees to be bound by the Terms and Conditions.

3. ORDERS, PRICE AND PAYMENT

3.1 Unless credit terms have been expressly agreed by Xitrix, payments for the Products or Services shall be made in full before physical delivery of Products or Services to or at the Location.

3.2 Except where specifically stated, Xitrix prices do not include import or export fees, duties, tariffs or other charges associated with exporting and importing the Products. All costs incurred for shipping and handling will be borne by Customer.

3.3 Prices are exclusive of all country, provincial, government, state and local sales, use, goods and services, value added, excise, privilege and similar levies/taxes. Such taxes shall be borne by the Customer.

3.4 Time of payment is of the essence. Xitrix reserves the right to charge interest on sums overdue.

4. SOFTWARE

4.1 All software provided under these Terms and Conditions are furnished subject to the terms and conditions of the license agreement relating to that software. Customer acknowledges its obligations to abide by such license agreements. Customer acknowledses that Xitrix does not warrant any software under these Terms and Conditions. All software is warranted in accordance with the license agreement that governs its use.

4.2 All rights, title or interest in respect of the intellectual property rights in the software remains with Xitrix or the licensor of the software at all times.

5. TITLE AND RISK

Title to and risk in the Products shall past to the Customer upon delivery of the products to Customer. Title to those products which are software shall remain with the applicable licensor(s) at all times.

6. DELIVERY

6.1 Xitrix shall deliver the Product to the place of delivery designated by Customer and agreed to by Xitrix as evidenced in Xitrix quotation (“Place of Delivery”)

6.2 Xitrix may, at its discretion, deliver the Products by installments in any sequence. Where the Products are so delivered by installments, each installment shall be deemed to be the subject of a separate contract and no default or failure by Xitrix in respect of one or more installments shall vitate the Contract is respect of Products previously delivered or undelivered Products.

6.3 Any dates quoted by Xitrix for the delivery of the Products are approximate only and shall not form part of the Contract. Xitrix shall not be liable for any delay in delivery of the Products and/or Services, however caused.

7. ACCEPTANCE OF PRODUCTS

Unless the Customer notifies Xitrix to the contrary of the day of delivery and such notification is confirmed in writing within two days, the Products shall be deemed to have been accepted by the Customer as being in good condition and in accordance with the Contract. The Customer shall be entitled to withhold paymentof all or any of the Price of the Products whilst any claim is being investigated by Xitrix.

8. WARRANTY

8.1 Unless specified otherwise, Xitrix warrants to the Customer that Xitrix branded Products (excluding Third Party Products and Software), will be free from defects in materials and workmanship affecting normal use for a period of one year from invoice date (“Standard Warranty”)

8.2 This Standard Warranty does not cover damage, fault, failure or malfunction due to external causes, including accident, abuse, or misuse, problems with electrical power, servicing not authorized by Xitrix, usage and/or storage and/or installation not in accordance with Product instructions.. failure to perform required preventive maintenance, normal wear and tear, act of God, fire, flood, war, act of violence or any similar similar occurance; any attempt by any person other than Xitrix personnel or any person authorized by Xitrix, to adjust, repair or support the Products and problems caused by use of parts and components not supplied by Xitrix. The standard Warranty does not cover any items that are in one or more of the following categhories: software; external devices; accessories or parts added to the Product after the Product is shipped from Xitrix.

8.3 During the one-year period beginning on the invoice date, Xitrix will repair or replace Products returned to Xitrix facility.Customer must prepay shipping and transportation charges, and insure the shipment or accept the risk of loss or damage during such shipment and transportation. Xitrix will ship the repaired or replacement products to Customer freight prepaid.

8.4 Customer shall back up all data stored in the Products to be shipped and remove any removable media, such as diskettes, CDs, DVDs, or PC Cards from the Products before returning or submitting the Products for repair or replacement. Xitrix does not accept any liability for data or software which is lost, corrupted, deleted or altered during repair. Customer accepts full responsibility for Customer software and data and Xitrix is not required to advise or remind Customer of appropriate backup and other procedures.

8.5 Xitrix does not give any warranty that the Products are fit for any particular purpose and this Standard Warranty is given in place of all warranties, conditions, terms, undertakings and obligations iplied by statutes, common law, trade usage, course of dealing or otherwise including warranties or conditions of merchantabilities, fitness for purpose, satisfactory quality and/or to the fullest extent permitted by law.

8.6 The Customer agrees that, in relation to Third Party Products purchased through Xitrix, where such of the Products are covered by a relevant manufacturer’s warranty, then the Standard Warranty shall not extend to such Products and such manufacturer’s warranty shall be the sole warranty for the support of such Products and in any event not look to Xitrix for such warranty support.

9. SERVICE AND TECHNICAL SUPPORT

Service Offerings
Xitrix shall provide the Service Offerings in respect of the Products as fully set out in the Terms and Conditions.

10. LIABILITY

10.1 Xitrix and Customer agrees that Xitrix will not be liable for Products not being available for use, or for data or software which is lost, corrupted, deleted or altered. Xitrix shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of Product or Services, even if Xitrix has been advised of their possibility.

10.2 Any service response times stated by Xitrix in the Service Offerings are approximate only and shall not form part of the contract. Xitrix will use all reasonable endeavours to meet the stated response times but shall not be liable for any direct or indirect loss or damage arising from its failure to meet such response times, howsoever occasioned.

Any tipographical, clerical or other error or omission in sales literature, quotation, pricelist, acceptance of offer, invoice or other documents or information issued by Xitrix shall be subject to correction without any liability on the part of Xitrix.

11. EXPORT RESTRICTIONS

11.1 The Customer acknowledges that the Products licensed or sold hereunder, which may include technology and software, are subject to the export control laws and regulations of the Philippines and agrees to abide by those laws and regulations. Under Philippines laws and regulations, the products purchased may not be sold, leased or otherwise transferred to restricted end-users or to restricted countries. In addition, the Products may not be sold, leased, or otherwise transferred to, or utilized by, an end-user engaged in activities related to weapons of mass destruction, including but not necessarily limited to, activities related to the design, development, production or use of nuclear materials, nuclear facilities, or nuclear weapons, missiles or support of missile projects, or chemical or biological weapons. The Customer further acknowledges that the Products may also be subject export laws and regulations of the country in which the products are received, and that the Customer will abide by such laws and regulations. The Customer understands that applicable requirements or restrictions may vary depending on the Products delivered and may change overtime and that, to determine the precise controls applicable to the products acquired, it may be necessary to refer to relevant laws and regulations.




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