User manual
CBC (America) www.computarganz.com
81
USER MANUAL
CBCAs option, return the Product or allow CBCA to inspect the rejected
Product and shall follow CBCAs instructions regarding disposition of the
rejected Product. Prior to the return of any Product to CBCA as provided
for hereunder, Purchaser shall obtain from CBCAs Technical Support
Department a Return Material Authorization (RMA) number. Within ten
(10) business days after receiving an RMA number for the Product,
Purchaser shall package the Product in its original packing material or an
equivalent and return such Product to CBCA or such other location as
CBCA may designate in writing. CBCA shall bear the cost of freight and
insurance for the return to CBCA. Purchaser shall enclose with the
returned Product the applicable RMA form, and any other documentation
or information requested by CBCA. CBCA may refuse to accept returns of
any Product not packed and shipped as provided in this paragraph. Upon
verification that the Product does not comply with the Limited Warranty,
CBCA shall repair, replace, or provide a refund for such Product, at
CBCAs option, no later than thirty (30) days after the time CBCA receives
from Purchaser written notice of such return or rejection. CBCA shall be
responsible for returning, at CBCAs cost, repaired or replaced Products
to Purchaser.
9. General Provisions. Notwithstanding any other provision hereof,
performance by CBCA shall be excused to the extent that performance is
rendered commercially unreasonable by acts of God, war, fire, flood, riot,
power failure, embargo, material shortages, strikes, governmental acts,
man-made or natural disasters, earthquakes, failure or limitation of supply,
or any other reason where failure to perform is beyond the reasonable
control and not caused by the negligence of CBCA. The time for
performance shall be extended for the time period lost due to the delay.
This Agreement shall be governed by and construed under the laws of the
State of California, USA, without reference to conflict of laws. These
terms and conditions, including those on the face page hereof (if any), set
forth the entire agreement and understanding of CBCA and Purchaser
with respect to the sale and distribution of Products, the Licensed
Products and Parts and supersede all prior or contemporaneous
agreements relating thereto, written or oral, between the parties.
Purchaser may not assign its rights or delegate its obligations hereunder
without the express written consent of CBCA. Any assignment by
Purchaser without such consent shall constitute a breach hereof by
Purchaser.