The purchasers of products and/or services from Bizfon, Inc. or any affiliate thereof ("Bizfon") are subject to the following terms and conditions. The term "Purchaser" shall mean the party placing an order with Bizfon and identified as such in any document attached hereto ("attachment"), this document and all attachments are hereinafter referred to as "this Agreement." The terms and conditions set forth in this agreement shall constitute the entire agreement between Bizfon and Purchaser relating to the sale of the products ("Products") and/or services ("Services") described in any attachment, or in any subsequent purchase or sales order. No conflicting or final terms or conditions which may appear in any order or other document of Purchaser shall be of any force or effect unless accepted and agreed to in writing by an officer of Bizfon.
The prices under this agreement are F.O.B. point of shipment and exclusive of all sales, use, excise or other taxes. The prices set forth shall be in effect until notice in writing from Bizfon., Inc. Bizfon, Inc. reserves the right to adjust prices at its discretion with proper notice to Purchaser.
Purchaser shall pay all federal, state, municipal or other sales, use, excise or other taxes, assessments and charges assessed or levied against the products and/or services. Purchaser agrees to pay to Bizfon on request any federal, state, municipal or other sales, use, excise or other taxes, assessments or charges payable by Bizfon with respect to the products and/or services of the sale thereof.
Delivery will be F.O.B. point of shipment. Unless otherwise directed by Purchaser, Bizfon will pre-pay the freight and bill Purchaser for shipping and handling charges. Purchaser assumes all risk of loss during delivery of the Products by Bizfon to the carrier. In the absence of instructions to the contrary, Bizfon, on behalf of the Purchaser, shall exercise its own discretion as to the method of shipment to be used and the selection of the carrier but shall not be deemed thereby to assume any liability in connection with the shipment nor shall the carrier thereby be deemed an agent of Bizfon. No goods shall be returned for credit or replacement without prior RMA authorization by Bizfon. All goods returned without such prior authorization will not be accepted by Bizfon and will be returned to the purchaser freight collect.
Except as otherwise stated in any attachment, terms are net due upon purchase. Payment method will be credit card (Visa, MasterCard, American Express or Discover). Lease options for qualified Purchasers will be covered under a lease attachment.
Bizfon shall in no event be liable for damages, including but not limited to incidental or consequential damages, for injury to any property or to any person, by reason of the person's negligence or otherwise in connection with the sale, delivery, installation or use of the products and/or provision of services pursuant to this agreement, and purchaser shall indemnify and hold harmless Bizfon against further liability. Without limiting the generality of the foregoing, Bizfon shall in no event be liable for lost profits arising out of, or in connection with, this agreement. Neither Bizfon nor purchaser shall be liable for delay in the performance of any of its obligations under this agreement arising out of causes beyond its control, including but not limited to acts of God, governmental action, fires, floods, epidemics, quarantines, strikes, embargoes, or severe weather.
This agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. Neither this agreement nor any variation or modification of this agreement or waiver of any of the terms or provisions hereof shall be deemed valid and binding upon Bizfon unless in writing, signed by an officer of Bizfon and delivered by Bizfon to Purchaser. Failure by either party to enforce the terms hereof shall not be deemed a waiver of future enforcement of that or any other term. This agreement shall be construed and interpreted in accordance with the laws of the State of New Hampshire.
Notices under this agreement shall be in writing and forwarded registered or certified mail, postage prepaid. Notices to Bizfon shall be addressed to Bizfon, Inc.; 7 Raymond Ave Unit D7; Salem, New Hampshire 03079. Notices to purchaser shall to be to the Purchaser's principal business address or at its address set forth on the face of this agreement.