h-Bar Solutions Terms and Conditions
These Terms and Conditions (“Terms”) govern the sale of products and services (“Products”) by h-Bar Solutions (“Reseller”) to Customer (“Customer”). Reseller acts as an independent reseller of these Products, which are manufactured and licensed by third-party Original Equipment Manufacturers (“OEMs”).
Acceptance of Terms:
By purchasing any Products from Reseller, Customer agrees to these Terms and all applicable OEM terms and conditions referenced herein (“Flow-Through Terms”). Flow-Through Terms are available upon request or by visiting the OEM websites listed in section 7. Customer acknowledges that Reseller acts only as a reseller and is not responsible for the manufacture, performance, or warranty of the Products.
1. Products and Services:
Reseller offers a diverse range of IT solutions catering to your needs, including but not limited to:
- Hardware (computers, servers, network equipment)
- Software (operating systems, applications)
- Cloud services
- Professional services (installation, configuration, support
2. Orders and Payment:
Submit your orders for Products and services through written communication or our online system. Remember that prices are subject to change without prior notice. Payment terms are outlined in our invoice, typically net 15 days. Late payments may incur late fees and interest charges indicated on the invoice.
3. Shipping and Delivery:
We strive to deliver your Products as per your instructions and within the OEM-specified timeframe. Shipping costs are additional and invoiced separately. Ownership and risk of loss for Products transfer to you upon delivery. Reseller does not guarantee and cannot be held responsible for delivery dates.
4. Warranties and Support:
All Products come with the standard OEM warranty or an options 3rd party maintenance support contract. For warranty service and support, please contact the respective OEM or 3rd party maintenance vendor directly. Reseller may offer additional support services for an extra fee.
5. Intellectual Property:
The OEMs retain all intellectual property rights associated with the Products. You are granted a non-exclusive, non-transferable license to use the Products in accordance with the OEM’s license terms.
6. Limitation of Liability:
It’s important to understand that RESELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Furthermore, RESELLER’S LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR THE PRODUCTS IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS. We are not liable for any indirect, incidental, punitive, or consequential damages.
7. Flow-Through Terms:
To ensure complete transparency, we incorporate the following OEM Flow-Through Terms by reference into these Terms:
(a) Nile Terms & Conditions
This Nile Terms and Conditions of Service (the “Agreement”) is entered into by and between the end customer and Nile Global, Inc., a Delaware corporation with offices at San Jose, CA (“Nile”). For the purposes of this Agreement, “Customer” means the party identified as the customer in the applicable Order Form (as defined … Terms & Conditions Read More at https://nilesecure.com/termsandconditions/)
(b) Verkada Terms & Conditions
All use of the products will be subject to Verkada’s End User Agreement: https://www.verkada.com/support/end-user-agreement/
Customer acknowledges and agrees to be bound by the Flow-Through Terms.
This agreement can be terminated by either party upon written notice. Reseller holds the right to terminate immediately if you breach any of your obligations hereunder. While you can terminate upon written notice, you will remain liable for all outstanding invoices.
9. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Wyoming, excluding its conflict of laws principles. Any dispute arising from or relating to these Terms will be settled by binding arbitration as per the American Arbitration Association’s rules.
10. Entire Agreement and Severability
These Terms constitute the entire agreement between us regarding this subject matter and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written. If any provision of these Terms is deemed invalid or unenforceable, it will be struck, and the remaining provisions will still be in full force and effect.
11. Amendment and Waiver
Any amendments to these Terms require a written instrument signed by both parties. Similarly, no waiver of any provision of these Terms will be effective unless in writing and signed by the waiving party.
All written notices and communications must be delivered personally, sent by certified or registered mail (return receipt requested, postage prepaid), or sent by overnight courier to the addresses specified on our website.
13. Force Majeure
Neither party shall be held liable for any delay or failure to perform their obligations hereunder due to causes beyond their reasonable control, including, but not limited to, acts of God, natural disasters, labor disputes, governmental actions, or wars.
We encourage you to read these Terms thoroughly and reach out if you have any questions. By understanding these terms, you can make informed decisions and ensure a smooth and successful transaction with h-Bar solutions