Rugged Wearable Computer
Portable Customizable Powered
SatCom & Wireless HotSpot System
 
For More Information:  Sales@MobileRugged.com
Small Rugged i7 Server
19" 1U x 9" deep

TERMS OF SALE AND CONDITIONS  


Authorized dealership is available to retailers or sales persons who are properly qualified to sell and support assistive products. All dealer (reseller) accounts must be approved by MOBILE RUGGED.
OPENING ORDERS
Opening order is $2,000.00 minimum, Pre-Paid. To maintain MOBILE RUGGED reseller status, orders for at least $10,000.00 must be placed annually, based on a calendar year (January-December). A reseller must re-qualify with a minimum opening order if the annual requirement is not met.
TERMINATIONS
Orders cannot be countermanded or shipments deferred or goods returned except with consent of Mobile Rugged and upon terms that will indemnify it against all loss, including the profit on any part of the order that is canceled. When return of material is authorized by Mobile Rugged, shipping charges are to be prepaid. Freight collect shipments will be refused and RMA canceled. All canceled orders will be subject to a minimum charge of 15% of the order value.
The Buyer will:
1. Accept delivery of and pay for at current prices all of the material which was either completed by Mobile Rugged on the day the termination notice is received by Mobile Rugged or which on said date had been acquired by Mobile Rugged pursuant to terms not permitting the return of said material.
2. Pay all costs, direct or indirect incurred by Mobile Rugged on that portion that is not finished and/or ready for shipment on the day the termination notice is received by Mobile Rugged. "Hold" orders and "Stop Work" orders will be honored for a period of 15 days from receipt of notification. After 15 days, Notices 1 and 2 above apply.
CREDIT
Credit terms are available to qualified firms and are subject to credit limits and the approval of our accounting department. A credit application must be filled out and submitted to MOBILE RUGGED.Credit applications will not be processed unless an order has been placed. An account more than 45 days past due is automatically placed on credit hold. Overdue accounts are charged 2% interest per month (24% annual). NSF checks will result in a $50.00 service charge, finance charges, and immediate suspension of shipments until the account is clear. MOBILE RUGGED reserves the right to place credit accounts on COD or PREPAY basis if payment is habitually past due or if finance charges are not paid. We only accept Bank Wire transfers and small order over PayPal at no additional fee at the point of sale.
CREDIT TO INTERNATIONAL ACCOUNTS
Credit terms to international Customers is limited, international account willing to do business with Mobile Rugged will require any order under $1,000 US to be prepaid, and over $1,000 will require a 50% deposit, any order over $5,000 US the customer has the option of making the full deposit payment when order with the purchase order or as a 25% deposit at the time of submitting purchase order with an additional 25% as letter of credit from a designated bank, remaining funds must be available for release from designated bank or in approved third party escrow. No order will be processed with out the receiving of the deposit and letter of credit. On the shipment date remaining balance is due in full via wire transfer. At the customer request we will ship a single article for inspection before sending full shipment.
CREDIT AND FINANCIAL CONDITION
If Mobile Rugged in its sole discretion does not approve Buyer's credit, Mobile Rugged reserves the right to cancel the entire agreement or to cancel any shipment thereof. In the event of Buyer's bankruptcy or insolvency or in the event any proceeding is brought against Buyer, voluntarily or involuntarily, under the bankruptcy or any insolvency laws, reserving any and all other rights, Mobile Rugged will be entitled to cancel any outstanding order during the period allowed for filing claims against the estate and will be paid for its cancellation charges.
EXPORT REGULATIONS
Hardware and Software distributed by Mobile Rugged, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Buyer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Mobile Rugged products.
PRICING
Although we make every attempt to hold pricing, we are occasionally subject to a price increase by manufacturing shops and vendors. Pricing is subject to change in effect at time of order, without prior notice unless requested.
SHIPPING
Orders are FOB MOBILE RUGGED in Tampa, FL. Shipping is pre-paid and invoiced on all open credit orders. Our preferred shipping method is UPS ground service. Hawaii, Alaska, Puerto Rico and all International customers will have additional freight added to their orders, regardless of method of payment. Special shipping requests such as Next Day Air, 2nd Day Air, and 3rd Day Select will be accommodated as available and will be billed at the appropriate rate. Customer is responsible for COD Charges; fees will be included in prepaid shipping expense.
DELIVERY
Requested delivery schedules of customers will be met to the best of Mobile Rugged's ability. Mobile Rugged reserves the right to make partial shipments on this order, and each shipment will be invoiced separately. Delivery of samples or of any part of an order does not constitute an obligation to make future deliveries.
DELAY/NON-PERFORMANCE
Mobile Rugged will not be liable for delays in performance, including delivery, or for failures to perform, including failure to deliver, due to (a) any causes beyond Mobile Rugged's reasonable control, including Mobile Rugged's inability to obtain necessary materials, components, services or facilities, or (b) Acts of God, acts of Buyer, acts of civil or military authorities, governmental regulations or priorities, strikes or other labor disturbances, fires, riots, wars, or natural disasters, including epidemics, droughts, floods, or transportation interruptions. Mobile Rugged will promptly notify Buyer of any material delay and will specify a revised performance date as soon as practicable. In the event of such delay, this Agreement will not be terminated and the date of performance will be extended for a period of time equal to the period of the delay
TITLE
Title to items sold hereunder shall pass to the Buyer upon payment to Mobile Rugged of the full purchase price. Notwithstanding the foregoing and unless otherwise agreed to by Mobile Rugged in writing, all risk of loss shall be borne by the Buyer from the time of delivery of the items by Mobile Rugged to a public carrier or other agreed upon means of transportation
BACKORDERS
We will attempt to complete your order in one shipment, if possible. Unless otherwise specified, merchandise that is out of stock will be backordered. All backorders will automatically ship unless MOBILE RUGGED is notified differently. Backordered items are subject to freight charges.
REFUSALS
Any orders that are refused will be charged shipping fees and a minimum-restocking fee of 15% of the invoice amount.
SHIPPING ERRORS
Equipment should be carefully examined upon receipt. It is the reseller’s responsibility to check the product received against the packing slip. Errors to shipment MUST be reported within 5 days of receipt. Errors on our part will be corrected at no cost to you. Ordering errors on your part must be identified within 5 days for correction without restocking fees. Return expenses of all products will be resellers responsibility.
DAMAGE CLAIMS
MOBILE RUGGED packs products with the best packing materials. If you receive a damaged package, you must note it on the carrier’s receipt and file a claim for damages in transit with the carrier. MOBILE RUGGED cannot be responsible for damage that occurs in transit.
DEFECTIVE ITEMS
Items must be checked upon receipt. If you receive an item that is defective in anyway, please contact your MOBILE RUGGED Representative immediately for instructions on return and replacement.
RETURNS FOR CREDIT
Returns for credit must be made within 30 days of date of invoice. ALL MADE TO ORDER PRODUCTS ARE NON-REFUNDABLE. Please request a Return Merchandise Authorization (RMA) number from your MOBILE RUGGED Representative. Certain products (because of manufacturers’ restrictions or MOBILE RUGGED close outs) are NOT RETURNABLE. Made to order products may not be returned for credit. No returns will be accepted after 30 days. Returns must be sent in separate packaging to preserve the original package and must be shipped freight prepaid. No freight collect shipments will be accepted. Returns may be subject to a 15% re-stocking fee, depending on the type and use of equipment a 10% refurbishing may be imposed. There will be additional charges for missing or damaged equipment. The customer is responsible for any damage that occurs due to inadequate packing.
WARRANTIES
All Products provided under these terms are subject to the warranties provided by the manufacturer as legally and contractually permissible for Mobile Rugged to pass onto, resell or assign to Customer. Mobile Rugged warrants that its services hereunder will be performed by qualified individuals in a professional and workmanlike manner conforming to generally accepted industry standards and practices, and in strict accordance with all applicable laws, regulations, codes and standards of government agencies or authorities having jurisdiction. Mobile Rugged services hereunder are supported against defects in workmanship for Six (6) Months after the initial date of receipt unless otherwise stated for specific product or project. Devices not used within specified parameters or conditions called out in a device specifications will be void from warranty. MOBILE RUGGED MAKES NO WARRANTY AS TO THE RESULTS OF ANY SERVICES PROVIDED. EXCEPT AS SET FORTH IN THIS PARAGRAPH, MOBILE RUGGED DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT.
LIMITATION OF LIABILITY
Seller’s entire liability with respect to any product provided to purchaser under this agreement shall be limited to Seller’s invoiced price for such product. In no event shall Seller be liable to P rchaser and/or any other person for any incidental consequential or special damages, including without limitation those resulting or arising from the use or inability to use any products, whether arising from negligence or strict liability, or otherwise.
TAXES
All applicable state and local taxes shall be in addition to the purchase price and shall be paid by Buyer to Seller or in lieu thereof buyer shall provide Seller with a tax exemption certificate acceptable to all applicable taxing authorities. Buyer will indemnify Seller for any such tax liability incurred by seller in the event Buyer fails to pay such taxes or duties.
FAILURE TO PAY OR INSOLVENCY
Failure by Customer to pay any part of the purchase price when due, or in the event that proceedings in bankruptcy, receivership, or insolvency are instituted by or against Customer or his/her property, MOBILE RUGGED may, at its options, cause the entire unpaid balance to become due and immediately payable. Customer hereby expressly waives any right to actions which accrue by reason of the entry for taking possession of or the Selling of said materials and agrees to pay all costs incurred with respect thereto including service charges and reasonable attorney’s fees and court costs.
ENTIRE AGREEMENT
This agreement covers all materials, which Customer may hereafter acquire at any time from MOBILE RUGGED. This
Contract constitutes the entire Agreement with MOBILE RUGGED with the exception of a Reseller Contract when required. No waivers or modifications shall be valid unless the same are in writing and executed by the parties hereto. This contract shall apply and accrue to the benefit of, and be binding upon, the heirs, the executors, administrates, successors, and assigns of the respective parties.
SOFTWARE
Any software provided under these terms is subject to the license terms that are provided with it. All software license terms are established directly between the Customer and the owner or manufacturer of the software. Unless Mobile Rugged is identified as the owner or licensor of the software, Mobile Rugged is not a party to any software license terms and Mobile Rugged makes no warranties or representations related to the ownership, use or operation of the software.
DOCUMENTATION
Documentation provided to the buyer from Mobile Rugged is intellectual property and shall not be copied, reproduced, duplicated, sold, assigned, transferred, disseminated, disclosed, or otherwise disposed of without written permission from Mobile Rugged.
HARDWARE
Any hardware sold to the buyer from Mobile Rugged is intellectual property and shall not be duplicated, re-engineered, or reverse engineered without written permission from mobile rugged.
LITIGATION
In the event of any litigation arising out of this agreement, MOBILE RUGGED shall be entitled to its reasonable costs and expenses incurred including attorney’s fees.
GOVERNING LAW
Each transaction between Customer and Mobile Rugged made under this Agreement will be governed by the applicable state laws for the Mobile Rugged location specified in the applicable Quote, excluding any conflict of laws rules that may apply in such state. Any dispute regarding this Agreement shall be subject to the exclusive jurisdiction of the applicable court in the aforementioned Mobile Rugged location and each party submits to the jurisdiction thereof. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement or any Customer order issued under this Agreement. Customer waives any defense to the validity or enforceability of this Agreement arising from any electronic submission of it to Customer. Customer acknowledges and agrees that it has the ability to access each URL referenced in any Quote.
Mobile Rugged reserves the right to modify this document at any time, please check our website or request a copy to ensure you have the most updated revision


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