Terms & Conditions of Sale

All customer (referred to as “Buyer”) purchase orders are subject to these terms and conditions and all additional terms and conditions presented on or accompanying an Equus Computer Systems, Inc. (“Equus”) quotation or Equus order acknowledgment. Equus specifically rejects, and Buyer disclaims, all printed provisions in Buyer’s printed purchase orders including associated forms and/or documents. These terms and conditions, together with the Equus order acknowledgment shall constitute the entire agreement between Equus and Buyer with respect to any Buyer purchase order and the materials and/or services provided here under. These terms and conditions supersede any prior or contemporaneous agreements or representations, written or oral. Any amendment of these terms and conditions must be in writing and signed by Equus to be binding on Equus.

1. Invoice

The Buyer hereby orders from Equus the product(s) listed on the invoice document. Equus’ systems are built from the highest quality new materials, however, due to standard industry practice, may occasionally contain serviceable used parts.

2. Purchase Price

The Buyer agrees to pay the total purchase price as specified on the front of the invoice document. In addition, the Buyer agrees to pay any sales or other taxes levied on or measured by such purchase price, or arising from the use of the product(s) and any parts or maintenance supplied, including without any limitation, any additional sales, use, gross receipts, privilege, excise, and personal property taxes unless specified in writing on this document.

3. Delivery

Delivery shall take place at Equus unless otherwise specified in writing on this document.

4. Inspection

The Buyer shall inspect the product(s) at delivery and shall notify Equus of any defects or discrepancies within one day of receipt of product(s).

5. Limited Warranty

All parts orders are covered under their respective manufacturers’ warranties with Equus as executor, where possible. Equus provides, from the date of invoice, a one-year limited warranty (unless initial purchase option extends this warranty) on systems built at its facility which covers the quality of its product(s) in materials and workmanship. Please see the applicable Equus warranty(ies) document which is incorporated herein by reference. During this period, Equus will repair or replace, at its sole discretion, using new or serviceable used and/or reconditioned parts, all merchandise which proves to be defective. Exceptions to the general warranty are listed below.

  • Some restrictions apply to large hard drives and other items which require the purchase of additional warranty coverage.
  • Monitors and special order items are covered by manufacturers’ warranties only. Any manufacturers’ warranties which exceed one year will be handled directly by the manufacturer.
  • Physical damage voids all warranties.

Equus will not warrant any product which has been subjected to improper freight handling/shipping, abuse, neglect, or unauthorized repair or installation. If Equus determines, in its sole discretion that the returned item(s) was/were abused, neglected or otherwise damaged by the Buyer and/or end user, Equus reserves the right to be reimbursed for all of its costs incurred in repairing or replacing such item(s). The applicable Equus warranty also will not cover components not installed by Equus, or product(s) with broken warranty seals or assembly traces.

EQUUS HEREBY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE FOR ALL SALES OF GOODS, AND ALL WARRANTIES OTHER THAN THOSE WARRANTIES PROVIDED BY EQUUS IN WRITTEN FORM. EQUUS IS NOT LIABLE AND SPECIFICALLY DISCLAIMS ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF BUSINESS OR DOWNTIME. EQUUS’ LIABILITY IS LIMITED TO THE COST OR REPAIR OF THE PRODUCT, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

6. Title and Risk of Loss

Title and risk of loss or damage to the product(s) shall pass to the Buyer on the date of shipping
the product(s) to the Buyer.

7. Alterations, Modifications, Attachments

Any alterations, additions, or attachments on the product(s) not authorized in writing by Equus shall solely be at the Buyer’s own expense and risk. If operation of the product(s) is affected in any way by alterations, improvements, modifications or installation, the warranty shall be deemed waived by the Buyer, and Equus shall have no further obligations to the Buyer.

8. Merchandise Return Procedure

If a product fails during the applicable Equus warranty period, the following procedures must be followed or Equus shall have no further obligations to the Buyer: Call Equus Technical Support to obtain a Return Merchandise Authorization (RMA) number. RMA numbers will be issued by telephone, fax or e-mail. RMA numbers will be void if merchandise is not received by Equus within 15 days from the date the RMA number is issued. Any merchandise returned to Equus without an RMA number will be refused. The following information must be provided when requesting an RMA number:

  • Invoice date and invoice number.
  • Equus item number and product serial number.
  • Detailed reason for return.

Equus reserves the right to return any product unrepaired and without notification should the Buyer ship a product to Equus without original parts installed or sold by the manufacturer.

Requirements for RMA processing:

  • Ship defective product(s) to Equus with freight prepaid.
  • A copy of original picking ticket or invoice showing the item and its serial number circled.
  • A copy of the Quality Control Checklist for systems.
  • A detailed note describing all problems.
  • The RMA number clearly marked on mailing label, not on shipping box.
  • All returned products must be packed in the original packaging and be complete or the warranty may be void.

Non-compliance with the above requirements may void Equus’ warranty as it applies to the items returned to Equus OR delay RMA processing and will therefore be subjected to the service charges detailed in paragraph 12 below.

9. Return for credit

All sales returns must be processed through Equus Technical Support or RMA Departments. An RMA number will be issued for all credit returns. To receive credit, product(s) must be returned within 30 days from the invoice date. A minimum restocking fee of 15% of the total invoice price will be charged for all merchandise returned. The return of special order items will be handled in accordance with the manufacturers’ warranties and return policies. Returned merchandise for credit OR otherwise in accordance with Equus’ RMA policies, will not be accepted unless product(s) is unused and packed in the original container with complete parts, manuals, and accessories, and must be received in reasonable condition after shipping. Defective items returned to Equus after 30 days from the invoice date, but within Equus’ applicable warranty period, will be processed in accordance with Equus’ general RMA procedures herein described. Returns for credit on third party brands (non-Nobilis) are subject to the manufacturer’s terms and conditions. Non-Nobilis notebooks and systems that arrive DOA cannot be returned for credit to Equus, but can only be returned for a direct replacement product within 30 days of the original invoice date.

10. Damaged On Arrival (DOA)

For all DOA products, the Buyer is required to call for an RMA number within seven days of
the receipt date.

11. Lead Time of Service

All replacements are subject to stock availability and are generally processed within 72 hours of receipt. All shipments returned to the Buyer will be by UPS Ground. The Buyer is responsible for the difference in freight charges if the shipping instructions require express delivery.

12. Service Charges

Non-Equus warranty service will be subject to a minimum of one hour at Equus’ current hourly labor rate. Equus reserves the right to refuse servicing any non-warranty work or non-Equus products.

  • Product(s) returned without defects.
  • A copy of original picking ticket or invoice showing the item and its serial number circled.
  • $20.00 per item or $75.00 per system plus $15.00 handling fee and freight plus COD charges.
  • A copy of original picking ticket or invoice showing the item and its serial number circled.
  • Product(s) outside of Equus’ warranty.
  • A copy of original picking ticket or invoice showing the item and its serial number circled.
  • $15.00 per item plus freight and COD charges.
  • A copy of original picking ticket or invoice showing the item and its serial number circled.
  • Refused shipment. – $15.00 handling fee plus freight and COD charges.
  • A copy of original picking ticket or invoice showing the item and its serial number circled.

13. Warranty Policy

Warranty policy is not extended beyond the Buyer listed on this agreement. If the merchandise
purchased from Equus is resold by Buyer to a reseller or end user, this warranty does not apply to such reseller, end user or other subsequent purchaser.

14. Cross-Shipment

Cross-shipment of warranty replacement product(s) is limited to the first 30 days from the invoice date
and is subject to prior credit arrangements with Equus.

15. Cancellation

Cancellation of all orders will be subject to a restocking fee of 15% of the total order amount, plus
any cost of Equus’ labor and any costs incurred by Equus for special order items returned to the manufacturer.

16. Non Sufficient Funds

The Buyer will be charged $30.00 for each NSF or canceled check.

17. Interest Changes

Interest charges of 18% per annum (0.05% per day) or the maximum as permitted by law will be
charged for past due account balances.

18. Security Interest

Equus retains a security interest on the merchandise stated above. The rights and obligations of the
parties hereto shall be construed and enforced in the state of Minnesota and in accordance with the laws of the state of Minnesota.

19. Collection Cost

The Buyer agrees to pay to Equus all costs related to the collection of any sum due, including overhead
allocated to employee effort and collection fees, legal fees, court costs, expenses incurred, and reasonable attorney’s fees.

20. Miscellaneous

This document constitutes the entire agreement between the Buyer and Equus. It is intended as a complete
and exclusive statement of the terms used in this agreement and no course of prior dealing between the parties and usage of trade shall be relevant to supplement or explain any item used in this agreement. No agent, employee or representative of Equus has any authority to bind Equus to any affirmation, presentation, or warranty concerning the product(s) sold under this agreement, unless the same is included within this written agreement. This agreement may be modified or rescinded only by a written instrument signed by the parties hereto or by their duly authorized agents. Waiver by Equus of any provision hereof in one instance shall not constitute a waiver as to any other instance.

21. Force Majeure

Neither party shall have any liability for its failure to perform under this agreement to the extent such failure
arises from causes beyond its reasonable control, including, without limitation, acts of God, failures or delays in transportation, or acts of any governmental authority or such agency. Terms and conditions may be changed at any time by Equus, in its sole discretion, for future sales.