Terms And Conditions Of Sale For Topspin Communications, Inc - Cisco InfiniBand SFS 7000 Quick Start Manual

Terms and Conditions of Sale for
Topspin Communications, Inc.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE
PRODUCTS THAT ARE PROVIDED WITH THIS AGREEMENT. BY USING ANY
PRODUCTS, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL
THESE TERMS AND CONDITIONS AND YOU WILL BE CONSENTING TO BE BOUND BY
THEM. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE
PRODUCTS AND RETURN PRODUCTS WITHIN 30 DAYS UNUSED IN THE ORIGINAL
SHIPPING CONTAINER TO THE PLACE OF PURCHASE FOR A FULL REFUND.
1. General. These terms and conditions ("Agreement") shall apply to all quotations made and
products shipped by Topspin Communications, Inc. ("Products") to Customer. Customer's
acceptance of such quotations or Product shipments is expressly limited to the terms and conditions
of this Agreement. Any additional or different terms or conditions in any communication by
Customer (whether in a purchase order or otherwise) are hereby rejected and shall be null and void,
irrespective of the means of Customer's acceptance. Any failure by Topspin Communications, Inc.
("Topspin") to object to any additional or different provisions proposed by Customer shall not
constitute a waiver of these terms and conditions, nor constitute acceptance of any such Customer's
terms and conditions. All orders or contracts must be approved and accepted by Topspin at its
home office at 515 Ellis Street, Mountain View, CA 94043. This Agreement shall be applicable
whether or not they are attached to or enclosed with the Products. Topspin may deliver Products in
partial shipments and such partial shipments may be invoiced individually. Customer may cancel
submitted purchase orders only with the prior written consent of Topspin.
2. Prices/Taxes. All prices are exclusive of shipping, insurance and installation charges, all of which
are Customer's sole responsibility. All prices are exclusive of all sales, use, excise, value added,
withholding and other taxes, and all customs duties and tariffs now or hereafter claimed or imposed
by any governmental authority upon the sale of Products. Any such charges will be added to the
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