Terms and Conditions

EXCLUSIVE TERMS OF SALE

For contracts after June 17, 2025

These terms and conditions ("Terms and Conditions") apply to any and all purchases by you, the Customer, of equipment ("Equipment" or "System") from Maven Imaging ("Seller"). These Terms and Conditions may be attached to a purchase order, Equipment quotation, or acknowledged electronically by Customer via online acceptance. These Terms shall govern all transactions unless modified in writing by the President CEO of Seller. By placing an order, Customer affirms acceptance of these Terms.

  1. ENTIRE AGREEMENT These Terms and any related quotation or purchase order represent the entire agreement. Any conflict shall be resolved in favor of these Terms.
  2. GOVERNING LAW / VENUE This Agreement is governed by California law. Venue for disputes shall be in Orange County, California. The prevailing party shall be entitled to recover attorney’s fees and costs.
  3. PAYMENT / TAXES / LATE CHARGES / INTEREST Customer shall pay 100% of the total invoice prior to delivery or shipment of the Equipment, unless otherwise stated. Shipping charges will be estimated initially, with actual freight billed separately post-shipment. Sales tax is collected only in California and Florida. Customer agrees to be responsible for and shall indemnify and hold Maven Imaging harmless from any applicable sales, use, excise, or similar taxes or assessments imposed by any federal, state, or local government authority, regardless of whether collected by Maven Imaging at the time of sale. If claiming exemption, Customer must provide valid documentation at the time of purchase. Any overdue balance will incur a service charge of 1.5% per month and may include court costs and attorney’s fees. Payments are due in U.S. Dollars. Import/export duties and related fees are also Customer’s responsibility.
  4. PRICES Quotations are valid for 30 days. Quoted prices exclude installation (unless stated), shipping, taxes, handling, rigging, storage, and application training. Prices are subject to change based on tariff surcharges or other supply chain-related adjustments beyond Seller’s control.
  5. CHANGES AND CANCELLATION POLICY All sales are final and no returns are acceptable. Cancellations will incur a minimum 25% fee. System orders from Customer accepted by Seller are not subject to changes or cancellation by Customer except with Seller's prior written consent and upon payment to Seller of Seller's then applicable change and/or cancellation charges. Seller's quotation is subject to change or rescission by Seller at any time prior to receipt of Customer's written acceptance of the quotation.
  6. TITLE / RISK OF LOSS / SHIPPING Delivery of all equipment must be accepted no later than six (6) months after funding is received by Seller. If delivery is delayed beyond this timeframe due to Customer’s request or inaction, Seller reserves the right to charge additional storage, restocking, or administrative fees. Unless otherwise specified, delivery is FOB origin. Title and risk of loss transfer to Customer upon delivery to the shipping carrier. Any claims for loss or damage post-shipment must be directed to the carrier. Seller is not responsible for freight unless specifically included. Customer is responsible for all freight charges unless expressly stated in writing. Any damage or loss incurred during transit must be documented at the time of delivery and reported directly to the carrier. Maven Imaging can assist with filing claims upon request, but assumes no liability for outcomes.
  7. SITE PREPARATION Unless agreed to in writing, Customer shall be solely responsible for preparing the installation site, including but not limited to electrical, plumbing, HVAC, floor, or wall reinforcement and layout changes. Seller shall not be responsible for costs associated with bringing a facility into compliance with applicable building, electrical, or radiology codes.
  8. INSTALLATION PLAN / LAYOUT AND TRAINING Seller may provide an installation plan upon acceptance of a quote. Customer agrees to cooperate fully, including providing facility photos, dimensions, drawings, utility access, and equipment placement data. Seller shall not be responsible for delays or costs resulting from inaccurate or incomplete information from Customer.
  9. INSTALLATION SCHEDULE / EXPEDITE FEE Customer acknowledges that installations involve variables outside Seller’s control. Delivery and install dates are not guaranteed. If Customer provides fewer than 14 calendar days' written notice for installation or rescheduling, an expedite fee of $500 minimum may apply. Postponed travel may result in reimbursement to Seller for incurred costs.
  10. TRAINING SCHEDULE Training will be coordinated in writing. Customer agrees to ensure availability of appropriate staff to receive training simultaneously to reduce time and cost.
  11. PRE-INSTALLATION AND RELATED ISSUES Some products may include client software to be installed on Customer’s existing computers. Seller will provide specifications, but cannot guarantee compatibility with other applications. Customer agrees to test client software on a trial basis and assumes responsibility for resolving any conflicts. Dedicated systems are recommended.
  12. THIRD-PARTY WARRANTIES Seller passes through any available manufacturer warranties but makes no express or implied guarantees beyond those stated herein. Seller is not responsible for the enforceability or support of third-party warranties.
  13. LIMITED WARRANTY / INDEMNITY Customer acknowledges that DR panels are sensitive devices not designed to bear weight or withstand impact. Panels must not be stood on, dropped, or subjected to excessive pressure. Damage resulting from misuse, including weight-bearing or dropping incidents, is not covered under warranty. It is highly recommended that panels be protected with a compatible panel cover or used with a weight-bearing stand if patient interaction requires such protection. If inspection reveals misuse-related damage, repairs or replacements will be the Customer’s sole financial responsibility.
  14. Customer agrees to indemnify, defend, and hold harmless Seller and its officers, directors, employees, agents, and affiliates from and against all claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from Customer’s breach of this Agreement, misuse of the Equipment, or failure to comply with applicable laws or regulations.

    Seller warrants that systems will be free of defects for 30 calendar days from installation. Damage caused by misuse or neglect is excluded. At Seller’s discretion, defective systems may be replaced or refunded. EXCEPT FOR THIS LIMITED WARRANTY OR ANY MANUFACTURER WARRANTY, SELLER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. Seller shall not be liable for any indirect or consequential damages. Customer agrees to indemnify Seller for any claims arising from Customer’s use or misuse.

    WARRANTY EXCLUSIONS This warranty does not cover:

    Damage caused by misuse, abuse, accidents, or unauthorized modifications

    Environmental damage such as power surges, electrical outages, or water/flood exposure

    Damage incurred during transit not arranged by Seller

    Failures resulting from improper installation, configuration, or maintenance

    Use of components or software not provided or approved by Seller

    Issues caused by viruses, malware, or third-party software

    Service performed by unauthorized personnel

    Normal wear and tear, consumables, or cosmetic damage

  15. SUPPORT TERMS AND COVERAGE Customer must attempt standard troubleshooting first. If unresolved, contact Maven Imaging at support@mavenimaging.com or 1-800-949-8015. A service order will be created and remote technical support will be provided. Internet access with TeamViewer is required for remote support. Response time depends on issue severity and call volume. 

    During the first year following installation, Maven Imaging provides remote assistance during normal business hours to support resolution of covered hardware and software warranty issues.

    While we strive for reliability, Maven Imaging does not warrant that the operation of the equipment or software will be uninterrupted or error-free. If any product fails to perform in material accordance with published specifications during the applicable warranty period, Maven Imaging, at its sole discretion, will repair or replace the non-conforming part or equipment.

    Unless explicitly stated otherwise in writing, warranty coverage is limited to parts only. Any labor required for troubleshooting, repair, or replacement services outside of standard remote support will be billed at $350.00 per hour, plus applicable travel and related expenses.

  16. CUSTOMER INSPECTION AND ACCEPTANCE Customer agrees to inspect all delivered items upon arrival and notify Seller within 3 business days of any issues. Failure to report shall constitute acceptance.
  17. DELAYS NOT CAUSED BY SELLER Seller is not liable for delays caused by factors outside its control including acts of Customer, regulatory approvals, permit issues, site readiness, or third-party vendor delays.
  18. STORAGE HOLDING CHARGES If Customer delays installation or delivery beyond six (6) months from payment or funding, storage charges of up to $250/month may apply. Additional administrative or handling fees may also apply.
  19. USE OF PORTABLE EQUIPMENT – LEGAL RESPONSIBILITY The use of portable X-ray or imaging equipment may be regulated by local, state, or federal laws. It is the Customer’s responsibility to ensure compliance. Seller does not offer legal advice or certification of compliance.
  20. REGULATORY COMPLIANCE DISCLAIMER Seller makes no representations or warranties regarding licensing, credentialing, or legal operation of medical or imaging equipment. Customer agrees to ensure compliance with all relevant health, safety, and imaging regulations in their jurisdiction.
  21. PHOTOGRAPHIC CONSENT Customer grants permission for Seller to photograph completed installations for use in promotional materials unless otherwise requested in writing.
  22. NO MEDICAL ADVICE DISCLAIMER Seller does not provide medical advice or guidance. All products are intended for use by qualified professionals who assume responsibility for their application. Seller disclaims any liability for improper or unauthorized use.
  23. INSURANCE REQUIREMENTS FOR LOANERS If Seller provides a loaner device or system, Customer agrees to insure the equipment at full replacement value and is liable for loss or damage during possession. A certificate of insurance naming Maven Imaging as loss payee may be required.
  24. DEFAULT TERMS AND PAYMENT TIMING Any failure by Customer to pay on time or honor obligations will be considered a default. Seller may suspend delivery or terminate the agreement. Past-due balances may result in loss of support, data access (if applicable), or warranty coverage.
  25. NO GUARANTEE OF USE WITH OTHER SOFTWARE Seller is not responsible for interoperability with Customer’s existing PACS, EMR, or imaging software. Compatibility must be verified in advance.
  26. DR PANEL MISUSE WAIVER DR panels are delicate components. Any damage from misuse—including standing, dropping, or excessive pressure—voids warranty coverage. Protective covers or weight-bearing platforms are strongly recommended. Damage from misuse is not covered.
  27. DISCLAIMER OF CONSEQUENTIAL DAMAGES Seller shall not be liable for lost business, revenue, profits, data, or indirect damages. Customer agrees not to pursue claims for consequential or incidental damages under any theory.
  28. ACTS OF GOD / FORCE MAJEURE Seller is not liable for delay or failure caused by events beyond its control, including but not limited to acts of God, war, pandemics, fire, flood, terrorism, supply chain disruptions, labor disputes, or regulatory changes.
  29. LIMITATION OF ACTIONS No action, regardless of form, arising from this Agreement may be brought by Customer more than one (1) year after the cause of action has accrued.
  30. INDEMNIFICATION Customer agrees to indemnify and hold harmless Maven Imaging, its officers, directors, employees, and contractors from any claim, damage, or liability arising out of Customer’s operation, resale, use, or misrepresentation related to the Equipment.
  31. NON-WAIVER Failure by Seller to enforce any term of this Agreement shall not be deemed a waiver of future enforcement
  32. HEADINGS FOR CONVENIENCE Headings are for reference only and do not affect the meaning or interpretation of these terms.
  33. SEVERABILITY If any provision of these Terms is held to be invalid, the remaining provisions shall remain in full force and effect.
  34. DATA BACK-UP RESPONSIBILITY AND DISASTER RECOVERY Customer is solely responsible for backing up all data generated or stored on the Equipment. Maven Imaging strongly recommends using either our cloud-based backup service or a qualified third-party data backup solution to ensure data protection and disaster recovery readiness.

    Maven Imaging does not guarantee the preservation of Customer data and shall not be held liable for data loss resulting from system failure, user error, equipment malfunction, or any other cause. In the event of a system failure, Maven Imaging can provide data recovery assistance at the Customer’s request, subject to availability and billed at the then-current service rates.

  35. INSTALLATION AND SERVICE RESTRICTIONS Any installation, maintenance, service, repair, or relocation of equipment sold by Maven Imaging by any party other than an authorized Maven Imaging employee or approved service representative will result in the immediate termination of all applicable warranties.

    Maven Imaging must be notified in writing prior to any transfer, sale, relocation, or reinstallation of any equipment. Failure to provide such notice will void any remaining warranty coverage.

    Any warranties not explicitly outlined in this agreement are the sole responsibility of the distributor or dealer offering them and are not endorsed or supported by Maven Imaging.

  36. EXTENDED HARDWARE AND SOFTWARE SUPPORT Maven Imaging offers customers the option to extend remote hardware and software support coverage on an annual basis. To maintain uninterrupted coverage, renewals must be completed prior to expiration. If support coverage lapses for more than 30 days, a reinstatement fee may apply.

    Standard support hours are Monday through Friday, 8:30 AM to 5:30 PM Eastern Time, excluding holidays. After-hours emergency support is available and will be billed at time-and-a-half of the standard hourly rate, which is currently $525.00 per hour, billed in one-hour increments.

    Extended support includes access to remote diagnosis, troubleshooting, and software updates for the current version of the customer’s software. Major software version upgrades are not included under extended support and may be subject to additional charges.

  37. OUT-OF-WARRANTY SUPPORT Maven Imaging provides support for products outside the warranty period on a fee-for-service basis. Remote diagnostics and labor are billed at $350.00 per hour with a one-hour minimum. Customers must submit a valid purchase order (P.O.) or signed service estimate prior to any repair or support services. The P.O. or service estimate must cover all known parts and labor costs, or reference a standard evaluation fee if parts have not yet been identified. Shipping charges, both domestic and international, are the responsibility of the customer.
  38. LOANER EQUIPMENT POLICY Maven Imaging maintains a limited stock of loaner DR panels and related equipment for use during repair periods. Loaners are available on a first-come, first-served basis and are not guaranteed. Loaner equipment is provided at no additional charge; however, the customer assumes full liability for the loaner during their possession and is responsible for all associated shipping costs. Customers may be required to provide proof of insurance or sign a loaner agreement.
For contracts between January 1, 2019 and June 17, 2025
  1. Exclusive Terms of Sale. These terms and conditions ("Terms and Conditions") apply to any and all purchases by you, Customer of equipment ("Equipment" or "System") from Maven Imaging ("Seller"). The Terms and Conditions may be attached to the applicable purchase order and/or Equipment quotation and/or Customer may indicate its agreement to these Terms and Conditions by going on line and indicating its acceptance to these Terms and Conditions. The terms are also applicable for all online purchases. Notwithstanding anything to the contrary contained in any purchase order or Equipment quotation from Seller to Customer, these Terms and Conditions shall always be in effect and may only be modified in writing by the President & CEO of Seller. When Customer places an order for Equipment from Seller, Customer is deemed to have read and agreed to these Terms and Conditions.
  1. Payment/ Taxes/ Late Charges/ Interest. Customer shall pay Seller fifty percent (50%) of the total invoice price at the time a sales quote is signed or online purchase is completed. Equipment will not be ordered until 50% of the total invoice price is collected. Customer shall pay Seller the balance of the invoice price on the date on which the System is delivered to the Seller. Shipping will be estimated on the invoice and actual freight charges will be known approximately 7 days after shipment. WE COLLECT SALES TAX IN ALL STATES. Customer is responsible for, and will indemnify and hold Maven Imaging harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of our costs of collection, including court costs, filing fees and attorney's fees. All payments will be made in U.S. Dollars in immediately available funds. Unless otherwise specified in writing, payments are due at the payment address indicated on Seller's invoice no later than (30) thirty days from the date of System installation. A service charge of 1.5% per month, not to exceed the maximum rate allowed by law, shall be made on any portion of Customer's outstanding balance that is not paid within (30) thirty days after System installation Customer shall pay Maven Imaging interest on any late payments made hereunder at the highest rate allowed by law. Customer shall be responsible for any import/export duties, custom fees, brokerage fees, and related charges to the extent applicable.
  1. Limited Warranty / Indemnity. For any System sold by Seller, Seller warrants to Customer that the System purchased will be free of defects for a period of thirty (30) calendar days from and starting with the date of installation. This warranty does not include damage to the System resulting from accident or misuse or lack of adequate care by Customer. If the System should become defective within the warranty period, Maven Imaging will replace it or issue a refund at Customer's discretion provided Customer follows the procedures set forth herein. OTHER THAN THE FOREGOING LIMITED WARRANTY AND ANY WARRANTIES PROVIDED BY MANUFACTURERS OF NON MAVEN IMAGING SYSTEMS DIRECTLY TO CUSTOMER, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAVEN IMAGING WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES TO THE EXTENT PERMITTED BY APPLICABLE LAW. Customer agrees to indemnify, protect, defend, and hold Seller harmless (including Seller's employees, agents, directors, officers, and shareholders) from and against any and claims arising out of or relating to this agreement to the extent such claims emanate from Customer's acts or omissions to act (or those of Customer's employees or agents);
  1. Changes, Cancellations. Quotations. System orders from Customer accepted by Seller are not subject to changes or cancellation by Customer except with Seller's prior written consent and upon payment to Seller of Seller's then applicable change and/or cancellation charges. Changes and cancellations shall be subject to a minimum charge of not less than 25%. All returns for other than service shall be subject to a charge of not less than 25%. Seller's quotation is subject to change or rescission by Seller at any time prior to receipt of Customer's written acceptance of the quotation.
  1. Prices. Seller's price quotations are valid for 30 days.(a) The price for Seller's Equipment or System shall be as set forth in the quotation ("Price"), but the Price does not include: (i) installation of any products not included on the face of the quotation; (ii) transportation of any products unless specifically included on the face of the quotation; (iii) any taxes or duties, including without limitation all sales, use and excise taxes, whether local, state and federal taxes imposed on or applicable to the products, installation and freight ("taxes"); (iv) any handling, rigging, uncrating, storage, or other charges incidental to shipment, delivery or installation of the products, or (v) applications training unless specifically included on the face of the quotation. Customer shall be responsible for all taxes, and agrees to pay all such taxes when due.
  1. Title / Risk of Loss/ Shipping.. Unless modified by the express terms of a Seller quotation, delivery shall be made, at Seller's discretion, FOB shipping point of origin. Except for warranty obligations specifically identified herein, Seller's responsibilities for the Equipment purchased pursuant hereto ceases and title and risk of loss passes to Customer upon delivery to the carrier selected by Customer (which carrier shall be reasonably acceptable to Seller). In the event of loss, damage, injury or destruction after such delivery to the carrier, claims must be made against the carrier and not against Seller. In no event shall any loss, damage, injury or destruction operate in any manner to release Customer from the obligation to make payments required herein. Shipping is not included within price quote.
  1. Assignment. Customer may not assign any rights or delegate any duties under this Agreement without the prior written consent of Seller.
  1. Entire Agreement. The terms and conditions contained herein and the related quotation and/or purchase order constitute the entire agreement between Customer and Seller concerning the subject matter hereof and supersede any prior or contemporaneous verbal or written agreements concerning the subject matter hereof. To the extent of any conflict or inconsistency between these Terms and Conditions and a related quotation or purchase order, these Terms and Conditions shall govern.
  1. Governing Law /Venue This agreement will be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. Venue for any and all disputes and claims arising out of or relating to this agreement shall be lie exclusively in any court located in and servicing Orange County, California. In the event of any dispute hereunder, the prevailing party shall be entitled to its attorney's fees and costs.
  1. Statute of Limitations. If Customer wishes to bring an action against Seller for any act or omission relating to or arising from this agreement, Customer must bring such action within one year from the date of the alleged conduct giving rise to the cause of action or Customer is forever barred forever from bringing such an action. Customer hereby waives all claims that any other statute of limitations applies.
  1. Miscellaneous. Customer has entered into this agreement of its own free will and volition. No one has induced or pressured Customer into signing this agreement Customer has had the opportunity to seek independent advice of counsel in entering this agreement to the extent Customer so chose. As a material inducement for Seller to enter into this agreement, Customer represents and warrants that is has relied on no other written or verbal statements, promises, or materials in electing to enter into and sign this agreement other than as set forth herein.
  1. Return Policy. Unless a product is labeled "all sales final" at the time of purchase, all orders may be returned within 30 days for a refund. In order to return or exchange (under the warranty guidelines described below) all or part of your order, customer must contact us for a Return Merchandise Authorization number (RMA#). Call toll free (800) 949-8015 to obtain RMA # from a Seller's representative. All returned merchandise must be in the original packaging including manuals, accessories, cables, etc. with the authorization (RMA#) clearly printed on the outside of the package. Return requests must be made within 30 days of the receipt date. All returns must be certified to be in good condition by one of our engineers before refund can be accepted. If the product has been damaged, seller will assess the damage and will determine if the product is entitled to a refund. All free items must be returned together with purchased items in order to receive a refund. Any shipping and/or handling charges on the original order cannot be refunded. At our discretion, we may levy a restocking fee of 25% of the cost of items returned. Any vouchers or gift certificates earned by a returned order will be voided, and the voucher amount will be charged to any order to which it was applied. Installation, training or professional services are NON-REFUNDABLE. Seller is not responsible for shipping costs or damage on returned items. Units to be returned should be packed carefully. Please be advised that packages sent by normal US Postal Service cannot be tracked to ensure delivery. Since Seller cannot provide credit for a return without confirming its receipt, we recommend that you use a delivery service that can be tracked and or insured. 
  1. Support Terms. If Customer is unable to correct a potential problem with the Seller's product after following the procedures set out in Seller's training courses and documentation, Customer may contact the appropriate Seller's support facility for that territory and log the problem according to the agreed procedure. Seller will issue a service order number and seller will provide remote technical or applications support to qualified Customers service personnel within a timely response. Response time may vary depending on issue severity, call volume and support contract. All support requests are to be submitted by buyer to seller at the following: E-mail: support@mavenimaging.com or 1-800-949-8015.
  1. Site Preparation. Unless otherwise agreed to in writing by Customer and Seller, any requisite site preparation including but not limited to wall / floor preparations, removal and disposal of old equipment, satisfying any electrical requirements, or providing network infrastructure and telephone lines / connections are to be provided by Customer. Customer acknowledges and recognizes that any delay by Customer in carrying out its duties regarding site preparation may impact the timing of any installation through no fault of Seller.
  1. Pre Installation and Related Issues. The parties recognize and acknowledge that some quoted products may include client software for Customer that may be installed on Customer’s computers that are at the same time running other imaging or business applications such as PACS. While the Seller will provide specifications for computers running supplied client software, due to possible conflicts and problems, Seller nor manufacturer can or will guarantee that client software on Customer’s computers with other simultaneous applications. To help minimize any potential unexpected problems or delays, Customer strongly recommends (and Customer hereby acknowledges it understands and will act upon such strong recommendation) that whenever feasible and allowed by manufacturer Customer’s IT staff shall perform software validation of all critical client stations by using loaner client software and/or a trial server. The parties recognize that normally this would involve doing trial installations of client software and then thereafter validating proper operation while using other computer applications in differing scenarios. Customer agrees to uninstall all client software and return the loaner server after such testing, and assumes responsibility for correcting immediate and future operational problems of client software that are not attributable to a design or manufacturing defect. If the Customer determines that the software does not perform reliably on its own business computers, Customer’s sole remedy will be to purchase dedicated computers to run system software from Seller or from another third party.
  1. Installation Plan / Lay Out and Training. Once the Customer has accepted Seller’s offer in writing, Seller may prepare a detailed installation, training, and lay out / configuration plan. If Seller elects to do the foregoing, Seller will ask for Customer’s written approval before accepting Customer’s order. It is possible that this detailed plan may uncover issues previously not addressed by the parties, and the Seller may have to prepare a revised quotation for Customer. If this occurs, Customer agrees to help Seller by giving Seller site and other related information as requested by Seller. Customer’s help may include but not be limited to providing photographs, drawings and measurements of Customer’s installation facility, obtaining technical information about power, wiring, internet access, telephone, air conditioning, structural details of the building and any other technical information determined by Seller in its sole discretion to be necessary in order to carry out a successful installation. Customer hereby promises Seller that Customer shall be responsible for any additional installation costs Seller suffers as a result of incorrect, inaccurate, or incomplete information provided by Customer to Seller.
  1. Seller, or any agent authorized by Seller, shall be responsible to install and test Equipment hardware and software. Seller shall either install client software on dedicated computers sold by Seller to Customer or assist / train Customer’s IT staff to install client software if the software is to be installed on Customer’s business computers. Pursuant to Seller’s recommendations referenced above for validation of client software, Customer hereby promises that it is Customer’s responsibility to correct any problems with the client software resulting from the hardware or operating system not meeting published specifications, from malfunction of hardware or co-resident software, and conflicts with other software.
  1. Installation Schedule Overview / Parameters / Expedite Fee. Customer recognizes and acknowledges that the installation of the Equipment is not an exact science. There are many factors outside of Seller’s control that affect installation. Therefore Seller cannot guarantee delivery dates or installation time estimates. To minimize unexpected problems and in order for Seller to make every reasonable effort to meet Customer’s expectations, Customer must provide Seller with at least 14 calendar day’s advance written notice from the confirmed installation date. The confirmed installation date is the date on which all installation variables, as determined by Seller, will be satisfied. Should Customer be unable or unwilling to provide Seller with at least 14 calendar day’s advance written notice, then Customer hereby recognizes, acknowledges, and promises to pay Seller an expedite fee of at least $500. For example, and by illustration only, should Customer on December 1st ask Seller in writing to install Equipment on December 15th or later and should Seller determine that all installation variables will be met by December 15th, then Customer shall incur no expedite fee. However, in the foregoing example, should Customer ask for installation on or before December 14th in writing, then Customer would owe Seller an expedite fee of $500. Finally, should Seller have to re arrange travel arrangements already made for a scheduled installation because Customer needs to postpone an already scheduled installation, Customer hereby promises to pay Seller for any costs Seller incurs in having to re arrange travel and/or lodging.
  1. Training Schedule. Training will be arranged by mutual written consent. However, when on location training is planned, Customer agrees to help lessen Seller’s (or Seller’s agents) travel and training time by having all required personnel available at the same time for training in a particular aspect of system operation.
  1. Third Party Warranties. Third party warranties for software, hardware, or any other components of quoted products may apply. Seller is responsible during Seller’s warranty period for supplying all freight costs and labor to make repairs or corrections under these third party warranties but Seller is not otherwise a party to such warranties and Seller makes no warranties, either express or implied, with respect to these third party warranties. This exclusion applies to any full warranties, limited warranties, warranties of merchantability, fitness for a particular purpose, or any other form of third party warranty.