MOZAEX DEALER TERMS & CONDITIONS

Effective Date: February 7th, 2011

In order to apply to become an Authorized Mozaex Dealer the following Terms and Conditions agreement must first be READ and AGREED TO at the bottom.

APPLICABLE PRODUCTS

All Terms, Conditions and Dealer pricing contained herein are applicable ONLY to new Mozaex Product Sales Orders. Contact Mozaex about questions concerning Mozaex Product Service and non-Mozaex product Sales and Servicing.

CREDIT OR REFUND CONDITIONS

ALL PRODUCT SALES ARE FINAL AND ARE NON-RETURNABLE FOR CREDIT OR REFUND.

By accepting these terms and conditions you are agreeing to accept all responsibility for any losses, potential incompatibilities or other problems that might arise including those listed below in the section entitled “LIMITATION OF LIABILITY”.

In order to apply to become an Authorized Mozaex Dealer the following Terms and Conditions agreement must first be READ and AGREED TO. Be sure to carefully read the entire agreement and pay close attention to the following provisions:

  1. Mozaex does not accept any purchased products back for credit or refund for any reason. Request an evaluation unit if there are any questions or concerns that your end user may not accept the product before purchasing the product.
  2. Mozaex is not liable for any losses due to copyright infringement, loss of data, or any other losses due to the product use, setup or product support for any reason.
  3. Mozaex is not liable for any incompatibilities that might arise as defined below in Limitation of Liability. Be aware that you are solely responsible for ensuring that the product works in the contemplated application.

OPTION FOR EVALUATING THE PRODUCT BEFORE PURCHASING

Since all product sales are non-returnable for credit or refund as defined herein, Mozaex offers an Evaluation Program that allows the dealer the opportunity to evaluate the product to determine whether the product supports the functionality needed and meets the required specifications before purchasing the product.

By agreeing to these Terms and Conditions you are acknowledging that you are fully aware of the option to request an Evaluation Product before purchasing the product that is non-returnable for credit or refund. The dealer is responsible for either arranging for an evaluation of the product or addressing any questions regarding the products specifications with Mozaex and/or functionality before purchasing the product. Contact your Mozaex Sales Representative if you are interested in learning more about the Evaluation Program.

PRODUCT ORDERS

PRODUCT PAYMENT

All orders are to be prepaid by valid and authorized bank credit card, cashier's check, or by wire transfer. Unless pre-arranged, no credit terms shall be extended by Mozaex.

ORDERED PRODUCT SHIPPING COSTS

Delivery of Product to Buyer will be made Freight On Board ("F.O.B.") Mozaex with freight prepaid by the Buyer. Incoterms 2000 terms are applicable for International shipments. Freight charges, taxes, import duties and any other related costs incurred in the shipping of the product are the responsibility of the Buyer as ownership transfers upon acceptance by the carrier. It is the responsibility of the Buyer to arrange and pay for the duties, taxes and any other related importing fees and services of the product including the selection of any related Tariff codes.

PRODUCT SHIPPED TO BUYER INSURANCE RESPONSIBILITY

The Product Shipping Insurance and any resulting losses of the transported product whether it is a Product Ordered or Product Returned including a repair is the responsibility of either Mozaex or the Buyer who specifies the carrier as follows:

  1. When Mozaex specifies the carrier - Mozaex is responsible for the shipping insurance and any damage that might occur in the shipping of the product. It is the responsibility of the Buyer to report to Mozaex within 24 hours of receipt of the product of any damage that is suspected to be caused by shipping. The Buyer is responsible for any secondary carrier that is specified by the Buyer to make final delivery of the product.
  2. When the Buyer specifies the carrier or carriers - the Buyer is responsible for the shipping insurance and any damage that might occur in the shipping of the product by one or more carriers.

PRODUCT RETURNS

RETURN MERCHANDISE AUTHORIZATION

Follow these steps to get your Mozaex product serviced:3
  1. Contact Mozaex's Customer Service at (01) (801) 685-9000 or in the USA Toll free (800) 866-9797 Option 2 to receive a Return Material Authorization (RMA) Number. Please provide the original invoice number, receipt date, serial number, and description of the product to be returned and if applicable, the return address where the product should be returned to.
  2. Include inside the box a detailed explanation of what needs to be done or what is defective with the product.

Return the product freight prepaid within 10 days of the issuance of the issued RMA number. Post the RMA number clearly on the outside of the box or mailing label. Note: If you do not mark the RMA number on the outside of the box, your shipment may be refused at the time of delivery. Freight collects will be refused.

RETURNED MERCHANDISE TO MOZAEX SHIPPING COSTS

The Buyer is solely responsible for all costs and insurance associated with the Return of any merchandize. Freight charges, taxes, import duties, insurance, damage, losses and any other related costs incurred in the shipping of the product to Mozaex are the sole responsibility of the Buyer. It is the responsibility of the Buyer to arrange and pay in advance for any duties, taxes and any other related importing fees and services of the product including the selection of any related Tariff codes.

REPAIRED PRODUCT SHIPPED TO BUYER INSURANCE RESPONSIBILITY

Refer to the section above under "PRODUCT ORDERS" entitled "PRODUCT SHIPPED TO BUYER INSURANCE RESPONSIBILITY" for terms.

LIMITED WARRANTY FOR MOZAEX PRODUCTS ONLY

All Mozaex produced products are warranted for two years to be free from material and workmanship defects under normal use and service. This limited warranty is contingent upon proper use of the product and does not cover products which have been modified, tampered with, or which have been subjected to unusual physical or electrical stresses. Opening a Mozaex product enclosure without approval from Mozaex Technical Support Staff will void the warranty. Refer to the section below entitled “LIMITATION OF LIABILITY” for warranty conditions.

LIMITED WARRANTY FOR ALL REPAIRED PRODUCT, COMPONENT PURCHASES AND REPAIRS

All component purchases and repairs are warranted for 30 days to be free from material and workmanship defects under normal use and service. It is the responsibility of the customer to contact Mozaex if the product, component or software is found to be defective and request an RMA within 15 days of receipt of the product, component or software. There is no guarantee that the repaired product, component or software will address any functional, compatibility or any other problem the product was experiencing before the repair. All repairs are done on a best case basis and only basic functions are tested.

INSTALLATION AND SERVICE OF REPAIRED PRODUCTS, COMPONENTS AND SOFTWARE

It is the responsibility of the customer and not Mozaex to install and service any repaired product, purchased component or software.

LIMITATION OF LIABILITY

Mozaex will not be responsible for consequential damage to its products caused by either internal or external equipment, shorted connections or components not installed by or obtained from Mozaex. Mozaex shall not be liable for damage to painted surfaces due to physical abuse, or excessive use, or liquids, or chemicals spilled upon or inside the products. Mozaex shall not be liable for any costs incurred due to a change in product specifications, installation or other product related documentation. Mozaex is not responsible for informing the customer either in writing or verbally these or any other Terms and Conditions.

Additionally, the limited warranty does not cover loss, damage or costs incurred as a result of the any of the following but not limited to:

  • Setup, installation or maintenance of product.
  • Unauthorized installation or modification of hardware or software.
  • Misuse, neglect or use in an improper environment including but not limited to its interoperability or lack thereof with other equipment that may or may not be compatible or directly or indirectly attached to it including but not limited over a network including but limited to a LAN or Internet network and includes but limited to incompatible switches (ie: managed or other type of switches), improper cabling and conflicting network devices.
  • Excessive or inadequate electrical power, power surges, or other irregularities.
  • Opening an Mozaex product enclosure without consulting with the Mozaex Technical Support Staff
  • Incompatibility or non-functionality with any hardware and software added to the product internally or externally. This includes but is not limited to 3rd party control systems hardware and software or remote control software obtained from Mozaex (ie: to integrate with Crestron®, AMX® and other vendors). This includes but is not limited to compatibility with any media being played or loaded such as CDs, DVDs or Blu-ray discs and 3rd party control system hardware and software or remote control software obtained from Mozaex. For example this includes the incompatibility to integrate with 3rd party control system including Crestron® or others.
  • Changes in the products specifications. The Vendor is not responsible for notifying the Customer of any changes in the products specifications.
  • Customer not being fully aware of the products specifications and/or the products limitations before purchasing the product.

CUSTOMER SUPPORT AND SERVICE DISCLAMER

Mozaex provides personal customer service at its discretion and is not obligated to provide any unpaid, no-charge customer service. Mozaex at its discretion has the right to refuse to provide customer service to anyone.

CONTENT COPYRIGHT AND OTHER LIABILITIES DISCLAIMER

In no way shall Mozaex be liable for any improper use of the product including but not limited to the loading of non-Mozaex software or illegal copying of content onto the product. It is the Buyer's responsibility to obey all applicable copyright laws. Mozaex only ships Blu-ray and DVD disc movie decrypting software that is fully legal and licensed. Mozaex does not produce, sell, ship or induce the use of any unlicensed or illegal means to load media onto its products including but not limited to Blu-ray and DVD movie decrypting software or any other software that may violate copyright regulations. By accepting these Terms and Conditions you are agreeing to fully indemnify Mozaex from any losses or legal action that might arise from the use of its products.

MANUFACTURER'S WARRANTIES

Should the Buyer order a product manufactured by a company other than Mozaex, that product will be warranted by its manufacturer and not by Mozaex. Should the product fail and require warranty service, Mozaex may assist in the repair or return of products covered under the manufacturer's warranty. Customers are responsible for all conditions, terms, and disclaimers as set forth in the product's documentation including but not limited to copyright laws and notices.

LIMITATION OF LIABILITY

The liability of Mozaex and its suppliers arising out of or relating to this agreement or the supply of Products hereunder, shall be limited to the actual amounts paid by reseller to Mozaex for the Products giving rise to such damages, and shall in no event include loss of profits, cost of procuring substitute goods or services, or any incidental, indirect or consequential damages of any kind, even if Mozaex or its supplier is aware of the possibility of such damages.

GOVERNING LAW

All Mozaex/Dealer business shall be governed by the laws of the State of Utah (other than its conflicts of law principles), excluding the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby consent to the exclusive jurisdiction of and venue in the federal and/or state courts located in Salt Lake County, Utah

ACCEPTANCE OF TERMS AND CONDITIONS

I understand the above terms and conditions .I AGREE--proceed to the registration page. I do not understand the terms and conditions above. I DO NOT AGREE --please call 800-866-9797 or 801-685-9000, Ext. 213

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