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.
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:
- 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.
- 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.
- 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.
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
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:
- 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
- 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.
RETURN MERCHANDISE AUTHORIZATION
Follow these steps to get your Mozaex product serviced:3
- 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.
- 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
- Excessive or inadequate electrical power, power surges, or other irregularities.
- Opening an Mozaex product enclosure without consulting with the Mozaex Technical
- 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.
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.
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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