Terms of Sale for Goods purchased from
The sale and delivery of the goods
listed on this invoice are subject to Vio Software’s (“Vio” or “Seller”)
standard sales terms and conditions listed on Vio’s website in effect at the
time the goods are ordered. Any variance from those terms and conditions will be
effective only if agreed to in writing by Vio prior to product ordering.
Customer (“Buyer”) acknowledges
that all Academic Edition products are to be sold solely to Qualified
Educational Users. Customer is and will be fully responsible for compliance with
the manufacturers’ licenses and restrictions.
Buyer’s acceptance of these terms
and conditions shall be indicated by any of the following, whichever first
occurs: (a) Buyer’s making of an offer to purchase Product from Vio; (b) Buyer’s
written acknowledgement hereof; (c) Buyer’s acceptance of any shipment or any
part of the terms specified for delivery (the “Goods”); or (d) any other act or
expression of acceptance by Buyer.
Invoices are payable on receipt
unless other terms are negotiated and noted on the invoice. By accepting
delivery of goods, Buyer agrees to pay the invoiced cost for those goods, and
agrees to be bound to these contract terms. No acceptance may vary these terms
unless specifically agreed to in writing by Seller.
Seller retains title of all goods
until full payment in good funds is received by Seller. Goods shipped or
delivered are F.O.B. Seller’s place of business, and risk of loss passes to
Buyer upon the earlier of delivery, or placement with a carrier. Buyer shall pay
all applicable taxes and shipping costs.
Payments on open account shall be
applied to oldest invoices first. Balances 30 days or more accrue 1.5% service
for each month or portion thereof such balance remains due.
Seller is not liable for any
incidental, consequential or special damages, interest, costs or expenses, or
for loss of use, loss of data, or lost profits or wages, whether or not Seller
knew such damages might be incurred. Seller’s liability is in all cases limited
to refunding the lower of the purchase price or the resale value of the goods at
the time or return, at Seller’s option. Seller will not refund amounts paid for
services actually rendered.
Seller’s remedies for non-payment
of this invoice shall include, in addition to all other remedies provided by
law, the right to repossess any goods in the possession of Buyer, purchased from
Seller, the title for which has not passed to Buyer. Buyer shall surrender such
goods upon demand to Seller or Seller’s agent.
Seller will accept return of
non-conforming goods, only when returned in original condition and packaging.
Returns may be subject to restocking fee of 25% of the invoice price, at
Seller’s discretion. Special Order items are non-returnable. Buyer shall pay all
shipping costs for returns under manufacturer’s warranties.
In the event it becomes necessary
for the Seller to incur any collection costs or suits to collect payment, the
Buyer will be responsible for all such costs, including but not limited to court
costs, attorney fees, and collection agency fees on said collection/suit.
Buyer shall comply with, and shall
not act to contravene, applicable laws, codes, and regulations, including
without limitation those relating to the licensing/control of, or prohibition
against, shipment (including both export and re-export) to designated countries
and/or entities. Buyer also recognizes that some good sales are limited to a
specified territory and shall not sell goods outside of territory. Such sales
may constitute copyright or trademark infringement.