Telstraight International Inc. Terms of Sale. These terms are made out by Telstraight International Inc. (hereafter to be referred as “Telstraight”), any purchase order (hereafter to be referred as “PO”) from buyer (hereafter to be referred to as “Buyer”) to Telstraight is deemed to agree to the terms outlined in this agreement.
Once the invoice has been processed, the terms become effective; any objection shall be claimed within 3 business days of receipt of this Invoice.
Ongoing, unfulfilled deals are eligible for cancellation. If a deal is ineligible for cancellation, it is Telstraight’s responsibility to draft an inclusive arrangement document, for the Buyer to sign and return, prior to the placement of the PO from Buyer.
Upon receipt of product from the Telstraight’s warehouse in Torrance, CA, or when delivery is complete as confirmed by the corresponding logistics carrier, products are considered to meet Buyer’s acceptance criterions, and Telstraight takes no responsibility for any loss correlating to shipping, including customs spot check. Telstraight is not responsible for any delays in shipping caused by uncontrollable factors including, but not limited to, acts of God, government restrictions (including the denial or cancellation of any export), insurrections, strikes, lockouts, or any other cause outside the reasonable control of Telstraight. Telstraight will not guarantee exact shipping times regardless of Carrier Claims. No credit for shipping will be issued for late delivery.
Buyer shall process payment of all orders on or before the due date indicated on invoice from Telstraight. Disputes regarding this due date shall be raised within 3 business days of receipt of the Invoice. Invoices that remain unpaid past indicated due dates may be sent to collections if suitable action from Buyer is not present. A non-refundable 3.5% Handling Fee applies to all pre-pay orders, except those paid directly to Telstraight’s bank via ACH/wire-transfer.
****EXAMINATION OF PRODUCTS****
It is Buyer’s responsibility to examine the shipment from Telstraight and claim any Dead on Arrival (hereinafter to be referred as “DOA”) or unusual delivery situation within 7 business days; without any feedback within 7 business days of receipt of shipment, such shipments shall be considered to meet qualifying acceptance criterions of such products and a waiver of Buyer applying to all claims with respect thereto. DOA products referring to box damage cannot be signed for and should be rejected upon delivery; DOA of hardware failure shall be claimed within 90 days of receipt of the shipment; Shipment from Telstraight shall not be signed for and accepted from the delivery courier if the quantity of packages does not match with the packing slip attached on the boxes.
Telstraight provides a 90-day warranty on all products. DOA products or SMARTnet covered in China region products may be claimed for a replacement within 90 days of receipt of shipment. Defective products can also be claimed and returned for a refund within 7 business days of receipt of shipment. Fortinet kits are eligible for a one year warranty once registration by the user is complete; this warranty is provided by Fortinet and Telstraight shall accept no liability for any claims, disputes, or product concerns outside if the 90-day warranty stated above. All Fortinet Licenses are subject to Fortinet’s Service Terms & Conditions. Please note that Fortinet overs a six-month grace period on coverage. If your coverage has lapsed for more than 6 months, Fortinet requires that the new license coverage is backdated to make up for the lapse in coverage. For complete details please see Fortinet’s Service Terms & Conditions.
Any artificially damaged products are nonreturnable; any product that is SMARTnet service covered in buyer’s local region is nonreturnable. Returned products shall be sent back in the original boxes and packaging including all documents and accessories. Telstraight will impose a minimum fee of 15% of the value of the product if an item is returned without the necessary packaging and accessories. No replacement or refund can be claimed after 30 calendar days from date of receipt of shipment except DOA or SMARTnet covered in China region products within 90 days of receipt of shipment. All non-free returns are subject to a minimum 15% restocking fee. Telstraight will accept returns of new in box products within 30 days of receipt of shipment with a corresponding minimum 15% restocking fee. Return and replacement shipping liability and coverage is limited to, and only to, the “Shipping Address” listed on the governing PO and applies only to DOA shipments and Covered Serial shipments within the contiguous United States. Telstraight shall not be held liable for return or replacement shipping applying to RMAs that are: shipped internationally by the customer/recipient, qualified for RMA under the Covered Serial criterion and contain units located internationally, qualified for RMA under the Money Back Guarantee criterion. The applicable 3.5% Handling Fee is deemed non-refundable, except in circumstances where the product is DOA or Service Covered. Purchase Orders for Back Order products cannot be cancelled at any point after the order has been placed and confirmed. 30% of the value of Purchase Order amount will be charged as a deposit and full payment shall be required prior to shipment. Back Order products are not eligible for RMA, regardless of circumstance.
****LIMITATION OF LIABILITY****
Without any feedback within 3 business days of receipt of shipment, such invoice shall serve as a final agreement between Buyer and Telstraight; authority of such invoice shall supersede all other agreements made prior and serve as a waiver from buyer of all claims with respect thereto. Seller will not be liable for any loss of business or profits, downtime or delay, repair or material costs or any similar or dissimilar consequential loss or damage incurred by Buyer. Where liability is accepted, it is limited (except as provided by law) to the payment of the cost of having product re-supplied. Telstraight will not be liable for any loss due to any of the following situations: Lower invoices requested by the buyer; Any loss correlating to shipping including customs spot check or when the buyer arranges the pickup from warehouse of Telstraight; DOA products not claimed by the corresponding timeline; Any “out-region” issues or any joint loss; Any complaints or suspect from Buyer or Buyer’s customer.
Any claim, dispute, or controversy arising out of or relating to the Goods and Services or this Agreement shall be resolved exclusively by binding arbitration in Los Angeles, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association.