Terms & Conditions of Sale

General: If the following conditions should conflict or be inconsistent with the terms or conditions contained, incorporated, or referred to in any document of the customer, then these conditions shall prevail unless otherwise agreed upon in writing by Fortified DataCom (“Fortified”). To the extent that any clauses of these terms and conditions of sale should prove invalid, the remaining provisions and the contract shall remain valid and binding. Any invalid clauses shall be renegotiated with the intention of replacing such clauses by new provisions with similar economic implications. Such substituted provisions will be binding on both parties.

Payment Terms: All domestic orders will be invoiced at time of shipment and are F.O.B. Fortified DataCom with freight costs being paid collect or prepaid by Seller and invoiced to the Buyer. Unless Fortified extends credit to Buyer, payment must be received in full before the order is shipped. Upon approval of Buyer’s credit, which is at the sole discretion of Fortified, payment terms may be extended up to net 30 days for domestic orders. International orders are only shipped after payment is received in full. On any order for which credit has been extended, Fortified DataCom shall retain a security interest in all products sold as security for the payment in full of the purchase price, and such security interest shall be satisfied and terminated by full payment.

Late Charge: There will be a 2% per month charge on any unpaid balance more than 30 days past-due.

Prices: The prices, quantities and delivery times stated in any quotation shall not be binding on Fortified unless and until Fortified has confirmed in writing its acceptance of an order placed by the customer in accordance with the quotation. Prices and quotations are subject to change without notice. Prices are in US dollars. Pricing is based on the quantity purchased of a single product part ordered by a single customer under a single non-cancelable, non-changeable purchase order to be shipped on a single invoice or multiple invoices within six (6) months of the order date.

Packaging and Delivery: The specification for packing the products shall be entirely at the discretion of Fortified DataCom. Fortified shall not be obliged to comply with any packaging instructions or requests of the customer unless previously agreed to in writing by Fortified DataCom. The customer shall be bound to accept the delivery of the products and shall not be entitled to reject delivery or part delivery of the products ordered. Unless acceptable specific instructions are received from the customer, Fortified reserves the right to select a suitable carrier for the products. Delivery of the products in good condition to such a carrier constitutes delivery to the customer at which point the risk and title in the product and/ or products shall pass to the customer. Any mis-delivery or damage shall thereupon be the responsibility of the customer, who may also be responsible for obtaining and paying for insurance and carrying out negotiations in the event of loss, mis-delivery, breakage or other damage regardless of the fact that insurance may have been secured by Fortified DataCom at the request of the customer.

Cancellation Charges: Orders cancelled more than thirty (30) days but less than ninety (90) days from the original date of delivery shall incur a cancellation charge including the full price of any custom materials or products that have been procured or produced, as well as a 15% restocking charge for any other materials that Fortified DataCom can return to its suppliers or redirect to other committed production. Buyer shall pay this cancellation charge within 10 (ten) days from such cancellation notice. Orders may not be cancelled within thirty (30) days of scheduled delivery.

Limited Warranty: Fortified DataCom warrants its products to be free of defects in material and workmanship for a period of one (1) year. Fortified’s sole obligation under this warranty is to repair or replace its products, when such products have been returned to Fortified according to the Returned Material Authorization (RMA) process defined within, and Fortified has found the product to be defective. Fortified DataCom is not liable for any defects in materials, workmanship, or design of any peripherals, products or parts, which Fortified does not design or manufacture. Fortified receives warranties on certain third party peripherals, products or parts purchased by it and its obligations with respect to such third party peripherals; products or parts shall be limited to the extent of the warranties so received by it. Repair or replacement parts will carry the remainder of the original warranty or ninety (90) days, whichever is greater. Fortified DataCom will analyze the returned unit and the customer will be charged for out of warranty repairs in the following instances:

No problem found: $50 (US dollars);
Out of warranty repairs: labor at $75 per hour with $50 minimum charge plus parts.

Receipt of damaged goods voids the Fortified DataCom’s warranty. Repair parts and replacement products will be furnished on an exchange basis and will be either new or reconditioned. All replaced parts and products requiring replacement shall become the property of Fortified DataCom, if such parts or products are provided under this warranty section. In the event a defect is not related to the Fortified DataCom manufactured product, the warranty on such products shall be limited to the extent of the warranty so received by Fortified from the manufacturer. This warranty shall not apply if the product has been misused, carelessly handled, defaced, modified or altered by the Buyer, or if unauthorized repairs have been attempted by other. The above warranty is the only warranty authorized by Fortified DataCom and is in lieu of any implied warranties, including implied warranty of merchantability and fitness for a particular use.

IN NO EVENT SHALL FORTIFIED DATACOM BE LIABLE TO BUYER, END USERS, OR OTHER PERSONS FOR EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION THE LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, LOSS OF PROFIT, REVENUE, OR THE CLAIMS OF THIRD PARTIES WHETHER OR NOT FORTIFIED DATACOM HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES OR LOSS.

Return Material Authorization: In order to obtain warranty service, the product must be delivered to the Fortified DataCom facility, or to an authorized Fortified service representative, with all included parts and accessories as originally shipped, along with proof of purchase and a Returned Material Authorization (RMA) number. The RMA number must be obtained in advance from the Fortified DataCom Customer Service Department. The RMA Number is valid for thirty (30) days and must be clearly marked on the exterior of the original shipping container or equivalent. The Buyer will be responsible and liable for any missing or damaged parts. The Buyer agrees to pay shipping charges one way, and to either insure the product or assume the liability for loss or damage during transit. Ship to:

Fortified Data Communications Corp.
82 Sanderson Ave., Suite 203, Lynn, MA 01902
Tel: (617)878-2155  Fax:(781)592-0900

Waiver: These terms and conditions govern the relationship between the parties unless otherwise specifically agreed to in writing. The failure of Fortified DataCom to insist upon any of the terms and conditions stated herein shall not be considered a continuing waiver of any such term or condition or of any other terms and conditions.

Force Majeure: Fortified DataCom shall not be considered in default in performance of its obligations hereunder to the extent that performance is delayed or prevented by causes beyond the control or without the fault of Fortified including causes such as acts of God, hostilities, strikes, fire, flood, sinking of vessels, acts of the Buyer, including delay in performing its obligations, or because or by reason of any law, proclamation, regulation or ordinance of any government or governmental agency or other events or occurrences beyond Fortified’s ability to control or without the fault of Fortified DataCom.

Assignment: The Buyer may not assign these terms and conditions without the prior written consent of Fortified DataCom.

Successors: These terms and conditions and the covenants herein contained shall be binding upon and inure to the benefit of the successors of each party.

Applicable Law: These terms and conditions are entered into in the State of Connecticut and shall be interpreted in accordance with the laws of the State of Connecticut.

The Customer Support and Service department can be reached at:
Fortified Data Communications Corp.
82 Sanderson Ave., Suite 203, Lynn, MA 01902
Tel: (617)878-2155  Fax:(781)592-0900

Tech Support E-mail: support@FORTIFIEDdatacom.com
Hours: 8:30 AM - 5:30 PM PST, Monday - Friday