Terms & Conditions

All of the following conditions apply:

  1. General. All sales of goods (including parts and accessories) and/or services provided by Concord Information Systems, LLC are subject to these terms and conditions unless otherwise expressly agreed to in writing by Concord Information Systems, LLC. The prices and performance specifications quoted to Customer are based upon the warranty limitations, exclusions and other terms stated herein. Any additional, inconsistent or different terms or conditions contained in Customer's purchase order or other documents supplied by Customer are hereby rejected.
  2. Delivery. Unless otherwise stated by Concord Information Systems, LLC in writing, all merchandise is sold F.O.B. Concord Information Systems, LLC, 165 Middlesex Turnpike, Bedford, Massachusetts. Concord Information Systems, LLC reserves the right to make delivery in installments.  
  3. Title and Risk of Loss. All merchandise sold shall remain the personal property of Concord Information Systems, LLC until fully paid for in cash. Notwithstanding any delivery terms or the payment of transportation charges, risk of loss or damage shall pass to Customer, and delivery shall be deemed to be complete, upon delivery to a private or common carrier at the point of shipment.  
  4. Limited Warranty on Sales. Except as provided in paragraph 7, Concord Information Systems, LLC warrants new merchandise sold against defects in design, materials, and workmanship for a period of 7 days from date of delivery. Concord Information Systems, LLC makes no other warranties with respect to merchandise, whether contained herein or elsewhere. All warranty claims on merchandise sold by Concord Information Systems, LLC shall be handled in accordance with the applicable provisions of paragraph 7 hereof. The above warranty shall not apply to any merchandise or parts thereof which (a) have been improperly repaired or altered (b) have been subjected to misuse, negligence or accident, or (c) have been used in a manner contrary to Concord Information Systems, LLC's instructions.  
  5. Limited Warranty on Service. Services provided by Concord Information Systems, LLC are warranted for a period of ninety (90) days from the date of such services to Customer to be "good and workmanlike" when performed. Concord Information Systems, LLC makes no other warranties with respect to its services. Concord Information Systems, LLC makes no warranties with respect to the quality, performance or other characteristics of any equipment serviced, including, without limitation, "year 2000 compliance," so-called. All warranty claims on equipment serviced by Concord Information Systems, LLC shall be handled in accordance with the applicable provisions of paragraph 8 hereof. Without limiting the foregoing, in the event a service order includes back up or retrieval of Customer's data absolutely no representations or warranties are made with respect to this type of service.
  6. Exclusive Warranties. THE FOREGOING WARRANTIES CONTAINED IN PARAGRAPHS 4 AND 5 HEREOF ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF QUALITY AND PERFORMANCE, WRITTEN, ORAL OR IMPLIED. FURTHER, ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. CONCORD INFORMATION SYSTEMS, LLC MAKES NO WARRANTY WITH RESPECT TO ANY GOODS OR SOFTWARE, SOLD, LEASED, LICENSED, SERVICED OR OTHERWISE PROVIDED THAT THE INFORMATION TECHNOLOGY CONTAINED OR PROVIDED THEREIN ACCURATELY PROCESSES DATES/TIME DATA (INCLUDING, BUT NOT LIMITED TO, CALCULATING, COMPARING, AND SEQUENCING) FROM, INTO, AND BETWEEN THE TWENTIETH AND TWENTY-FIRST CENTURIES, AND LEAP YEARS.  
  7. Merchandise Returns and Refunds on Merchandise Sold. Concord Information Systems, LLC shall not be obligated to accept the return of any merchandise sold by it or refund any portion of the price paid for any merchandise except as provided in this paragraph 7. Merchandise returned within 7 days of purchase which is still factory sealed, unopened and where neither the merchandise nor the packaging is damaged or defaced will be accepted for a full refund of the price paid only if Concord Information Systems, LLC may return the merchandise to its original vendor or manufacturer for full value. Computer hardware returned within 7 days of purchase which is not damaged or defective but has been opened will be accepted for a refund of 85 percent of the price paid provided that all merchandise packaging, manuals, warranty registration cards and accessory items are in original condition and only if Concord Information Systems, LLC may return the merchandise to its original vendor or manufacturer for full value. Nonconforming or defective goods returned within 7 days of purchase which have not been subjected to misuse, negligence or accident will be replaced or repaired or subject to a refund, at Concord Information Systems, LLC's option. In the case of defective goods, Customer shall first follow any manufacturer or vendor warranty procedure prior to making any claim upon Concord Information Systems, LLC. No return, replacement or refund shall be allowed until after Concord Information Systems, LLC has fully inspected the merchandise to ensure compliance with this paragraph. All returns are at the risk and expense of Customer. Replaced goods become the property of Concord Information Systems, LLC. No returns are allowed without a sales receipt as proof of purchase from Concord Information Systems, LLC. No product will be accepted for return without a Concord Information Systems, LLC Return Authorization Number. To obtain a Return Authorization Number, contact Customer-Returns-Processing. NO RETURNS ARE ALLOWED FOR COMPUTER SOFTWARE WHICH HAS BEEN OPENED. All refunds are further subject to a credit if purchased with the use of a credit card or the clearing of Customer's check, if applicable. Nothing contained herein in any way modifies any warranty provided to Customer by any manufacturer.  
  8. Procedure on Service Warranty. Provided the merchandise has been properly stored, installed and maintained, should a failure occur on merchandise sold, which failure is covered by the limited warranties stated herein within the specified period under normal and proper use, Concord Information Systems, LLC shall, if given notice by purchaser promptly after such failure appears and, in any event, before the end of the specified limited warranty period, correct such non-conformity, at its option, by (1) repair on site, (2) repair or replacement of the non-conforming equipment or parts thereof FOB Concord Information Systems, LLC, or (3) refund of that portion of the price paid to Concord Information Systems, LLC by Customer relating to the non-conforming equipment or parts thereof. Return of merchandise or parts thereof to Concord Information Systems, LLC for repair or replacement shall be at the Customer's risk and expense. Replaced merchandise or parts thereof become property of Concord Information Systems, LLC.  
  9. Payment; Security Agreement. Unless otherwise specified in writing by Concord Information Systems, LLC, payment is due upon receipt of invoice. Concord Information Systems, LLC reserves the right to require payment in advance. If payment in full is not made when due, Customer shall pay, in addition to the overdue amount, the lesser of: (1) a late charge of 1 1/2% of the overdue amount per month (18% per annum) and (2) the maximum amount allowed by the law. Customer grants to Concord Information Systems, LLC a security interest in the merchandise identified in this sale document to secure all sums due from Customer to Concord Information Systems, LLC.  
  10. Customer's Duty to Inspect. Customer shall inspect all merchandise within 7 days after shipment. If Customer should fail to notify Concord Information Systems, LLC immediately after any such inspection of any non-conformity or defect discovered during such inspection and return the merchandise all within 7 days, then such defect or non-compliance shall be deemed to constitute a permitted exception to Concord Information Systems, LLC's limited warranty.  
  11. Limitation of Liability. Concord Information Systems, LLC shall not be liable for the loss or damage of Customer's data or software. IN NO EVENT, INCLUDING ANY FAILURE BY CONCORD INFORMATION SYSTEMS, LLC TO REPAIR, REPLACE OR GIVE A REFUND REGARDING ANY DEFECTIVE MERCHANDISE OR TO REMEDY DEFECTIVE SERVICE, SHALL CONCORD INFORMATION SYSTEMS, LLC BE LIABLE FOR PERSONAL INJURY, PROPERTY DAMAGE OR FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE as a result of any defect, deficiency, or breach of warranty, or from any other act or omission relating to Concord Information Systems, LLC's performance under any contract for the sale of merchandise or the providing of services. These special, indirect, incidental, or consequential damages include, but are not limited to, loss of profits or revenue, loss of use of the merchandise or any associated merchandise, cost of capital, cost of substitute merchandise, facilities or services, downtime costs, delays, or liability to Customer's employees, customers, or unrelated parties for personal injury or other damages.  
  12. Limitation of Action. Any cause of action against Concord Information Systems, LLC arising out of, in connection with or relating to this contract or the performance or breach hereof shall expire unless brought within one year of the time of accrual thereof.  
  13. Personal Injury Indemnity. Customer shall indemnify and hold harmless Concord Information Systems, LLC from and against any liability for personal injury resulting, in whole or in part, from any failure of Customer or its employees or other persons (except for Concord Information Systems, LLC's employees) to use due care and to follow the manufacturer's and Concord Information Systems, LLC's instructions in installing, maintaining, or operating any merchandise sold or serviced by Concord Information Systems, LLC.  
  14. Hiring Away. Customer agrees that for a period of two (2) years following the supplying of any goods or the rendering of any services by Concord Information Systems, LLC to Customer, that Customer will not, directly or indirectly, alone or in association with anyone else: (1) engage as an employee, independent contractor or otherwise, the services of any (i) Concord Information Systems, LLC employee with whom Customer has communicated with respect to any goods or services supplied to Customer, or (ii) employee of Concord Information Systems, LLC, the identity of whom was learned, directly or indirectly, through an Concord Information Systems, LLC employee with whom Customer has so communicated, or (2) purchase or lease any computer related goods or services through or with the assistance of any person identified in part "(i)" of this sentence unless such person is employed by Concord Information Systems, LLC at the time of the purchase or lease. Nothing herein contained shall be construed to limit or restrict the application of any applicable non-competition agreement between Concord Information Systems, LLC and any of Concord Information Systems, LLC's employees.  
  15. Contract Price. The price of merchandise or service does not include any federal, state, or local property, license, privilege, sales, service, use, excise, value added, gross receipts, or other like taxes which may now or hereafter be applicable to, measured by, imposed upon or with respect to the merchandise, its purchase, sale, replacement, value or use or any services performed in connection therewith. Customer shall pay or reimburse Concord Information Systems, LLC, its subcontractors or suppliers any such taxes which Concord Information Systems, LLC, its subcontractors, or its suppliers are required to pay or collect, or which are required to be withheld by Customer, and shall indemnify Concord Information Systems, LLC for any fines or penalties resulting, directly or indirectly, from failure to collect or pay such taxes.  
  16. Assignment. Customer's rights under contracts for the sale or service of merchandise by Concord Information Systems, LLC may not be assigned without Concord Information Systems, LLC's prior written consent.  
  17. Partial Invalidity. If any provision herein or portion hereof shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision or portion hereof, but these terms and conditions shall be construed as if such invalid or unenforceable provision or portion hereof had never been contained herein.  
  18. Accord and Satisfaction Requirements. All communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to "CONCORD INFORMATION SYSTEMS, LLC, OFFICE OF THE PRESIDENT, 165 MIDDLESEX TURNPIKE, BEDFORD, MASSACHUSETTS 01730." 
  19. Costs and Attorneys' Fees. Customer shall be liable to reimburse Concord Information Systems, LLC for any expenses, including court costs and reasonable attorneys' fees, that may be incurred in order to collect any sums due hereunder to enforce any of the terms of this contract, or to defend itself against any invalid claim asserted by Customer in connection with the sale of the merchandise or service.  
  20. Choice of Law and Venue. This Agreement and the rights and remedies of the parties in regard to or arising out of the sale of merchandise or the providing of services shall be governed by the laws of the State of MASSACHUSETTS. Any cause of action regarding same shall be brought in MASSACHUSETTS.  
  21. Entire Agreement and Subsequent Changes. Orders for merchandise or service may only be accepted by an authorized person on behalf of Concord Information Systems, LLC at its office at Bedford, Massachusetts. The provisions hereof together with those of any accompanying documents will constitute the entire agreement between Concord Information Systems, LLC and Customer with respect to the sale of such merchandise and/or service, and supersedes all other printed and/or oral representations or agreements concerning such sale. All changes in merchandise description, including specifications, design or change in any other terms of sale, subsequent to Concord Information Systems, LLC's original proposal or order acceptance, shall be ineffective unless presented in documents signed by an authorized person on behalf of Concord Information Systems, LLC.

This document may be subject to change without warning or notice.

 

We are a Massachusetts SDO Certified Woman-Owned Business Enterprise (WBE)

165 Middlesex Turnpike    |   Bedford, MA 01730    |    781-863-7200    |   concord@concordinfo.com

© Copyright Concord Information Systems, LLC | Terms & Conditions