Terms & Conditions
Microsoft CSP Clients
Tier4 Technologies LLC ("TIER4")
TERMS AND CONDITIONS
The following terms and conditions govern 'Microsoft CSP' services resold to CLIENTS.
1. Purchase Orders, Invoicing, Payment and Acceptance.
Any purchase order submitted by CLIENT in connection with this agreement shall be deemed subject to these terms agreement. Unsigned, electronically submitted purchase orders shall be deemed to include CLIENT’s electronic signature and shall be binding to the extent accepted by TIER4, including replies to emailed quotes. TIER4 shall invoice CLIENT monthly. Pricing reflects a 5% discount for payment by cash, check or wire transfer. This discount will not apply in the event that CLIENT pays using a credit card or debit card. CLIENT shall make payment to TIER4 within thirty (30) days from the date of invoice. Except for taxes due on TIER4's net income, CLIENT shall pay all taxes. TIER4 reserves the right to bill CLIENT for additional work requested by CLIENT and performed by TIER4, and for applicable expenses incurred by TIER4 pursuant to providing such additional services, which are not described in this agreement.
2. Term and Termination of Orders.
Terms are automatically renewed month to month. Either party may terminate an Order by providing the other party with at least (30) days written notice and termination will be effective within (30) days after notice has been received and acknowledged by both parties and at the earliest date of cancellation reasonably possible with TIER4's resell partner.
3. No Warranty.
ALL PRODUCTS PROVIDED BY TIER4 ARE PROVIDED “AS IS”, WITH ALL FAULTS. TIER4 MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL ORIGINAL EQUIPMENT MANUFACTURER (OEM) WARRANTIES, CERTIFICATIONS AND GUARANTEES, IF ANY, ARE PASSED THROUGH TO CLIENT.
4. Limitation of Liability.
IN NO EVENT SHALL TIER4 BE LIABLE TO CLIENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the foregoing, TIER4 will have no responsibility for the adequacy or performance of any third party
software provided under this agreement; any hardware, and any services provided by any third party.