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About Us: Terms and Conditions

About Us Home • Our Clients • B to A Philosophy • Our Approach • Can We Assist You? The following terms and conditions shall be applicable to purchases made from Dataworks LLC:

DEFECTIVE AND NON-CONFORMING MERCHANDISE. Within 10 business days of receipt of the merchandise, Purchaser shall notify Dataworks LLC in writing of any defects in the merchandise or any non-conformity with the Purchaser’s order (i.e., not the quantity or items ordered). If Purchaser does not so notify Dataworks LLC of any defects or non-conformity within that period, the merchandise shall be presumed to be free from defects and in conformity with the Purchaser’s order and Purchaser shall be responsible for any defects or non-conformity discovered thereafter. If merchandise received by Purchaser is defective or does not conform with the Purchaser’s order and the Purchaser gives the ten-day notice to Dataworks LLC, Purchaser shall have the right to return the merchandise to Dataworks LLC and to receive a full refund of the original invoice price for the returned items. Dataworks LLC shall pay actual direct costs associated with returning defective or nonconforming merchandise through Dataworks’ account with their shipping vendor.

DELIVERY/SHIPPING. Title and risk of loss shall pass to Purchaser at the point of shipment from Dataworks LLC’s warehouse, and delivery shall be deemed complete upon delivery to the common carrier at such location. Purchaser will pay all charges of the delivery, including shipping and handling charges. As to all shipments, Purchaser shall bear all risk of loss after delivery to the common carrier at the point of shipment. Dataworks LLC generally ships via UPS Standard Ground unless requested otherwise by client. Delivery schedule may vary depending on destination.

WARRANTY. Merchandise sold by Dataworks LLC is warranted to conform to the specifications of the purchase at the time of delivery to Purchaser. Dataworks LLC’s obligation shall be limited solely to repair or replacement of merchandise or components thereof. This obligation shall be conditioned upon written notification to Dataworks LLC of any alleged defect or non-conformance within ten business days after receipt of the merchandise by Purchaser. Merchandise which Dataworks LLC consents or directs to be returned shall be returned to Dataworks LLC at its cost, FOB Purchaser’s location. THE FOREGOING WARRANTIES ARE THE SOLE WARRANTIES, EXPRESS OR IMPLIED, GIVEN BY DATAWORKS LLC IN CONNECTION WITH THE MERCHANDISE, AND DATAWORKS LLC DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

PAYMENTS. Purchaser shall make payment to Dataworks LLC on the terms specified on the front side of their invoice. PURCHASER SHALL PAY TO DATAWORKS LLC A LATE CHARGE OF 1-1/2% OF ANY PAYMENT NOT RECEIVED WITHIN 30 DAYS OF THE DUE DATE. IN ADDITION TO THE LATE CHARGE, IF ANY PAYMENT IS NOT RECEIVED WITHIN 60 DAYS OF THE DUE DATE, THE INDEBTEDNESS SHALL BEAR INTEREST FROM THE DUE DATE AT THE RATE OF 18% PER ANNUM OR AT THE MAXIMUM INTEREST RATE ALLOWED BY LAW, WHICHEVER IS LESS. PURCHASER ALSO AGREES TO PAY ALL COSTS OF COLLECTION, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND EXPENSES.

GOVERNING LAW. This purchase shall be governed by and construed and enforced in accordance with the Uniform Commercial Code and other applicable laws of the state of Colorado, without reference to its rules relating to conflicts of law. THE PURCHASER HEREBY IRREVOCABLY SUBMITS ITSELF TO THE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN THE CITY AND COUNTY OF DENVER, COLORADO, AND AGREES AND CONSENTS THAT SERVICE OF PROCESS MAY BE MADE UPON IT IN ANY LEGAL PROCEEDING RELATING TO THIS AGREEMENT OR ANY OTHER RELATIONSHIP BETWEEN PURCHASER AND DATAWORKS LLC BY ANY MEANS ALLOWED UNDER STATE OR FEDERAL LAW. ANY LEGAL PROCEEDING ARISING OUT OF OR IN ANYWAY RELATED TO THIS PURCHASE ORDER OR ANY OTHER RELATIONSHIP BETWEEN PURCHASER AND DATAWORKS LLC SHALL BE BROUGHT AND LITIGATED EXCLUSIVELY IN ANY ONE OF THE STATE OR FEDERAL COURTS LOCATED IN THE CITY AND COUNTY OF DENVER, COLORADO, HAVING JURISDICTION UNLESS DATAWORKS LLC SHALL ELECT OTHERWISE. THE PURCHASER AND DATAWORKS LLC HEREBY WAIVE ANY CLAIM, AND AGREE NOT TO ASSERT, BYWAY OF MOTION, AS A DEFENSE OR OTHERWISE, THAT ANY SUCH PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR THAT SUCH VENUE IS IMPROPER.

RIGHT OF RETURN/TERMS OF CONTRACT. Purchaser shall have 5 business days in which to return the merchandise covered by this purchase and receive a full refund if these terms and conditions are unacceptable. If the merchandise is not returned by the purchaser within such five-day period, the terms and conditions set forth herein shall be applicable to this purchase and shall become a part of the contract between the parties. These terms and conditions of sale contain all the terms and conditions governing the sale of the merchandise covered by this purchase and may not be modified or amended except by an agreement signed by both parties. In the event any term and condition in Purchaser’s order differs from the terms of this invoice, the terms in this invoice shall control. These terms and provisions shall be binding upon, and inure to the benefit of, the parties hereto and their respective successors and permitted assigns, and shall supersede all prior written or oral statements, agreements, understandings or business practices.