THESE TERMS AND CONDITIONS APPLY UNLESS YOU HAVE EXECUTED A SEPARATE PURCHASE AGREEMENT WITH FUJITSU AMERICA. Any attempt to alter, supplement, modify or amend these terms and conditions will be null and void unless agreed to in writing by Fujitsu America.
Terms of payment are determined at Fujitsu America's sole discretion based on the payment option you select, and payment must be received by Fujitsu America prior to Fujitsu America acceptance of your order. Payment shall be made by credit card, check, or wire transfer, unless some other pre-arranged method of payment has been accepted by Fujitsu America. You represent that your credit card usage follows all requirements of the credit card issuer. Any order is not binding unless accepted by Fujitsu America. Accepted orders are subject to cancellation by Fujitsu America at its sole discretion. Any quotation provided by Fujitsu America will be valid for the duration stated in the quotation. If no duration is stated, such quotation is valid for two days from date of quotation. Otherwise, Fujitsu America's standard pricing applies. Fujitsu America is not responsible for pricing, typographical, or other errors in any offers and reserves the right to cancel any accepted orders resulting from such errors.
All prices do not include charges for shipping and handling, for sales/use taxes, and for other government required fees, such as for recycling; any such charges are additional. Separate charges will be shown on the order acknowledgment for each applicable order. Taxes will be charged for orders shipped to states in which Fujitsu America is obligated to collect and report such sales.
Title and risk of loss pass to you upon shipment from Fujitsu America dock of origin. You must notify Fujitsu America within two weeks of date of shipment in case any part of your purchase is wrong or damaged. Title to all software will remain with the applicable licensor(s).
The limited warranty statement for the Fujitsu hardware product that you have purchased is included with the documentation for the product shipped to you. Fujitsu America is only obligated to honor warranties express or implied following receipt of your payment in full for your Fujitsu product. EXCEPT AS EXPRESSLY STATED IN THE LIMITED WARRANTY STATEMENT, FUJITSU AMERICA, INC. MAKES NO OTHER WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. TITLE, AND NON-INFRINGEMENT, TO THE EXTENT THAT IMPLIED WARRANTIES MAY NOT BE EXCLUDED, THEY ARE LIMITED TO THE EFFECTIVE PERIOD OF THE APPLICABLE LIMITED WARRANTY FOR THE PRODUCT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS SO SUCH LIMITATION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. FUJITSU AMERICA'S LIABILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THE APPLICABLE LIMITED WARRANTY STATEMENT.
Fujitsu America has no obligation to provide service and support except in accordance with the limited warranty program applicable to the covered product, or any other service offering purchased for such product, and only after Fujitsu America has received full payment for such service and support. Limited warranties and service offerings may vary from product to product. For covered product, Fujitsu America support people will first attempt to handle any problems by telephone, e-mail, or Internet chat. Fujitsu America support people may not be able to understand or resolve every given problem. If it is determined that the product needs to be returned for support, you must follow the return procedures in the applicable limited warranty and the terms of any applicable service offering. All returns for support require a Return Material Authorization (RMA) number. To obtain an RMA number and information on our RMA process, please call 1 800 FUJITSU. An RMA must be requested within the applicable period under the limited warranty or service offering. All products must be returned to Fujitsu America within ten (10) days of receipt of the RMA number and you must pay return shipping charges. Returns made without a RMA number will be refused. Upon receipt of the returned product(s), Fujitsu America will inspect the product to be certain all parts and software are included and no abuse, misuse or user negligence was responsible for damages which caused the return. You agree to pay Fujitsu America for any costs associated with missing parts or software, or related to any abuse, misuse of the product or user negligence of such product. You agree that Fujitsu America may offset such amount against any credit applicable for such returned product. If you desire to return for support a product that is not covered by a limited warranty or service offering, you must obtain an RMA per the above procedure and service will be at your cost according to Fujitsu America's standard service pricing and terms. Fujitsu America may require pre-payment of all service charges, and despite our efforts, Fujitsu America may not be able to resolve every given problem, especially for products out of warranty.
All software is subject to the applicable license agreement which is included with the product(s). You shall be bound by the license agreement once the applicable software package is opened, its seal broken, the software installed, or the clickwrap license agreement agreed to, whichever is earliest. Warranty for any software shall be in accordance with the license agreement; Fujitsu America does not warrant any software under this Agreement.
Product availability may be limited. Products may not be available for immediate delivery. In the unlikely event that product becomes unavailable, Fujitsu America reserves the right to cancel orders or to provide a substantially equivalent or better substitute product.
YOU AGREE TO THE FOLLOWING LIMITATION OF LIABILITY: FUJITSU AMERICA SHALL NOT BE LIABLE BEYOND THE REMEDIES SET FORTH HEREIN. FUJITSU AMERICA'S MAXIMUM LIABILITY SHALL NOT EXCEED THE TOTAL PRICE PAID FOR THE PRODUCTS ORDERED BY YOU. IN NO EVENT SHALL FUJITSU AMERICA BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CLAIM BY A THIRD PARTY OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FUJITSU AMERICA SHALL NOT BE LIABLE FOR LOSS OF PRODUCT AVAILABILITY, LOSS OR CORRUPTION OF DATA. OR LOSS OF PROFITS OR BUSINESS. SOME STATES DO NOT ALLOW LIMITATIONS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS MAY NOT APPLY TO YOU.
The sale and use of products purchased under this Agreement shall be governed by the laws of the State of California excluding the conflict or choice of law provisions. You agree that venue and jurisdiction for all disputes will lie in Santa Clara County, California. You agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise of any kind) between you and Fujitsu America, its agents, employees, directors, and affiliates arising in relation to this Agreement and the products purchased hereunder shall be resolved exclusively and finally by binding arbitration under the commercial rules of the American Arbitration Association then in effect before a single arbitrator knowledgeable in Internet contracts. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party will pay its own costs and attorneys' fees, if any, provided that Fujitsu America will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent that such fees exceed the amount of the filing fee to initiate a claim in the court of general jurisdiction in the state where you reside. If any party prevails on a statutory claim that allow for the prevailing party to receive award of attorneys fees, the arbitrator may aware reasonable fees to the prevailing party.
You acknowledge that products and technical data purchased or received under these terms and conditions may be subject to export control laws and regulations of the United States and other countries. You are responsible for compliance with all applicable export control laws and regulations. You represent that you are not purchasing to export, re-export, or transfer indirectly or directly any product outside of the United States without obtaining proper authorization from the applicable government agencies. You will not export, re-export, or transfer directly or indirectly any Fujitsu product either (i) to an embargoed/terrorist supporting country, including without limitation to Cuba, Iran, North Korea, Syria, Sudan, or any other such country as determined by the US government, (ii) to a person or entity barred by the US Government on export activity lists, including without limitation to persons or entities on the Treasury Department Specially Designated National List, Entities List, and Denied Persons List or (iii) to any destination for a prohibited end use. You will defend and hold Fujitsu America harmless against all claims, damages or liability resulting from breach of the foregoing.
If within fifteen days of the date of shipment of your recommended-configuration product or accessory, you are dissatisfied for any reason, you may return it for refund or credit in accordance with the following requirements: All such returns require a Return Authorization (RA) number. To obtain an RA number and information on our RA process, please call 1 800 FUJITSU. An RA must be requested within fifteen (15) days of product shipment and all products and accessories must be returned to Fujitsu America within ten (10) days of receipt of the RA number. You must follow the return procedures provided to you by 1 800 FUJITSU, you must return the product in original or equivalent packaging, you are responsible for risk of loss and damage during return and you must pay return shipping charges. Returns made without an RA number will be refused. Upon receipt of the returned product(s), Fujitsu America will inspect the product to be certain all parts and software are included and no abuse, misuse or user negligence has damaged the product. You agree to pay Fujitsu America for any costs associated with damage to missing parts or software, or damage related to any abuse, misuse of the product or user negligence of such product. You agree that Fujitsu America may offset such amount against any refund or credit applicable for such returned product. At Fujitsu America's discretion, credit or refund may be less than invoice or component prices due to bundled or promotional pricing. Fujitsu America will refund or credit for a service offering that was purchased for a properly returned product. Fujitsu America does not refund original shipping, handling and other charges accrued at time of original purchase. If you received a free promotional item on condition of purchase of a returned item, you must return the promotional item or you will be charged for it. Custom-configured products, close-out products, and refurbished products may NOT be returned; all sales are final.
Server products may NOT be returned; all sales are final.
You may not assign its rights or obligations under this Agreement without the express written consent of Fujitsu America.
If any provision or provisions of this Agreement are held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.