Terms and Conditions

TERMS

Unless otherwise specified, all amounts are quoted in U.S. funds. Onsite labor is billed at a minimum of 1 hour with .5 hour increments thereafter. Remote labor is billed at a minimum of .5 hour with .5 hour increments thereafter. Travel charges apply to locations outside of a 30 mile radius of the AGILE NETWORKING SOLUTIONS, LLC Appleton, Wisconsin office. All maintenance block agreements, hardware, and software purchases in excess of five hundred dollars ($500.00) are due at time of order. Other account balances are due in full within 15 days after delivery and/or, if applicable, installation. After 15 days, a 1½% per month finance charge will be assessed on all past due accounts, commencing as of the date of delivery. Buyer is also responsible for any collection costs, including reasonable attorney fees, incurred by AGILE NETWORKING SOLUTIONS, LLC in collecting a delinquent account.

SALES TAX

AGILE NETWORKING SOLUTIONS, LLC is authorized to collect tax in Wisconsin only. For all orders with point of delivery outside of Wisconsin, the Buyer will be required to pay the sales tax directly to the appropriate government agency and will be required to indemnify AGILE NETWORKING SOLUTIONS, LLC against any such liability.

ORDERING INSTRUCTIONS

AGILE NETWORKING SOLUTIONS, LLC proposes pricing based on specifications provided by the Buyer. AGILE NETWORKING SOLUTIONS, LLC proposals are highly detailed and reflect our interpretation of the specifications. All orders are subject to acceptance by AGILE NETWORKING SOLUTIONS, LLC in Appleton, WI. Receipt by Buyer of AGILE NETWORKING SOLUTIONS, LLC’s order acknowledgement indicates acceptance of Buyer’s order subject to the terms set forth herein and the acknowledgement and is final and binding. The order acknowledgement will be considered the final expression of the agreement between the Buyer and AGIL NETWORKING SOLUTIONS, LLC and shall be the exclusive expression of the terms thereof, except that the order acknowledgement shall be subject to these terms and conditions. Nor orders are binding on AGILE NETWORKING SOLUTIONS, LLC until execution of the order acknowledgement.

ORDER CHANGES

AGILE NETWORKING SOLUTIONS, LLC is not required to accept any requested change after order acknowledgement; however, all reasonable requests for changes will be honored. All requests for order changes by the Buyer must be confirmed, in writing, by AGILE NETWORKING SOLUTIONS, LLC in order to be effective. Any order change accepted after order acknowledgement is subject to our ability to confirm and will be subject to a charge for materials, labor, and other costs involved in the change depending on the status of the order at the time of the change request.

PRICING INFORMATION; AVAILABILITY DISCLAIMER

All pricing is subject to change. AGILE NETWORKING SOLUTIONS, LLC reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, AGILE NETWORKING SOLUTIONS, LLC cannot guarantee that it will be able to fulfill Buyer’s orders.

CANCELLATIONS

Acknowledged orders, including order changes may not be canceled without the consent from AGILE NETWORKING SOLUTIONS, LLC. If a cancellation is approved, the order will be subject to cancellation charges consisting of a ($50) administrative fee plus any out-of-pocket expenses incurred by AGILE NETWORKING SOLUTIONS, LLC.

WARRANTIES

Buyer understands that AGILE NETWORKING SOLUTIONS, LLC is not the manufacturer of the products purchased by Buyer hereunder and the only warranties offered are those of the manufacturer, not AGILE NETWORKING SOLUTIONS, LLC . In purchasing the products, Buyer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by AGILE NETWORKING SOLUTIONS, LLC . In connection with services, neither affiliates of AGILE NETWORKING SOLUTIONS, LLC nor third party service providers are agents of AGILE NETWORKING SOLUTIONS, LLC and AGILE NETWORKING SOLUTIONS, LLC has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers. AGILE NETWORKING SOLUTIONS, LLC AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF AGILE NETWORKING SOLUTIONS, LLC, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER’S WARRANTY, IF ANY.

LIMITATION OF LIABILITY

NEITHER AGILE NETWORKING SOLUTIONS, LLC NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER AGILE NETWORKING SOLUTIONS, LLC NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. BUYER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY AGILE NETWORKING SOLUTIONS, LLC OR ITS AFFILIATES, NEITHER AGILE NETWORKING SOLUTIONS, LLC NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY BUYER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.

GOVERNING LAW

THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF WISCONSIN, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN OUTAGAMIE COUNTY, WISCONSIN AND BUYER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN OUTAGAMIE COUNTY, WISCONSIN AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. BUYER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.