Purchase Agreement - Current Products
PLEASE READ THIS PURCHASE AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION CONCERNING YOUR RIGHTS AND OBLIGATIONS WITH REGARD TO YOUR PURCHASE OF POLY PRODUCTS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This agreement (the “Agreement”) applies to your purchase of products (“Product” or “Products”) sold by Plantronics, Inc., and its affiliates (collectively, “Poly”). By accepting delivery of A Product, you accept and agree to be bound to the provisions of this Agreement. If you do not wish to be bound by this Agreement, you must notify Poly and return your purchase pursuant to Poly Return Policy. This Agreement shall apply and control your purchase of the Products unless (i) you have a separate purchase agreement with Poly, in which case the provisions of any such separate agreement shall control; or (ii) other Plantronics terms and conditions apply to this purchase. If you are a tax-exempt purchaser you may not purchase Products through our Website under this Agreement. If you wish to make a tax-exempt purchase, please visit our Public Sector area.
Payment Terms; Orders; Quotes; Taxes. Terms of payment for the Products are within Poly’s sole discretion and payment must be received by Poly prior to acceptance of an order. You will pay for the Products in accordance with payment terms indicated in your master agreement with Poly or, if you do not have a separate purchase agreement with Poly, within net 30 days of the date of invoice. Payment for the Products may be made by credit card as set forth at Payment Info. In the event a Product is listed at an incorrect price or with incorrect information due to typographical error or if the price has increased or decreased between the time the item is placed in a shopping cart and the time that the purchase is actually made, Poly shall have the right to refuse or cancel any orders placed for Product listed at the incorrect price. Poly shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Poly will issue a credit to your credit card account in the amount of the charge.
Your receipt of an electronic or other form of order confirmation does not signify Poly acceptance of your order, nor does it constitute confirmation of Poly offer to sell. Poly reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Poly may require additional verifications or information before accepting any order. Poly may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
Payment for the Products will be handled as set forth at Payment Info. Loss or damage that occurs during shipping by a carrier is your responsibility. Shipping dates are estimates only. You may not cancel or reschedule any order, or return any Product, unless approved by Poly in writing. Return information can be found on your order confirmation or order invoice.
Limited Warranty. The sole limited warranty for your Product is set forth at Warranty Terms.
If you wish to pursue a claim based upon the limited warranty you must follow the procedures set forth therein.
Additional Limitation of Warranties and Damages.
THE LIMITED WARRANTY SET FORTH IN SECTION 3 ABOVE IS THE COMPLETE WARRANTY FOR THE PRODUCTS, AND STATES YOUR EXCLUSIVE REMEDIES. THIS WARRANTY DOES NOT APPLY TO ANY DISCONTINUED POLY PRODUCTS. IN NO EVENT SHALL POLY BE LIABLE UNDER ANY THEORY FOR ANY DAMAGES BASED UPON INFRINGEMENT OF THE PRODUCTS OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF POLY AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE LESSER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCTS OR $1000. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
Return Policies; Exchanges. Poly return policy is set forth at Shipping and Returns. You must contact us directly before you attempt to return a Product to obtain a Return Material Authorization Number for you to include with your return. You must return a Product to us in its original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging a Product, unless the reason for the return is due to our error. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by Poly, Poly is not responsible for a Product that is lost, damaged, modified or otherwise processed for disposal or resale. At Poly discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.
Changed or Discontinued Product. Poly may revise and discontinue Products at any time without notice to you and this may affect information saved in your online “cart.” Parts used in repairing or servicing a Product may be new, equivalent-to-new, or reconditioned.
Not For Resale or Export. You agree and represent that you are buying only for your own internal use only, and not for resale or export.
Compliance. The Products, including any third-party software, licensed or sold under this Agreement, and the transactions contemplated by this Agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the United States and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured or received or transitioned through. You will not engage in any activity in connection with this Agreement that would constitute a violation of the provisions of the U.S. Export Administration Regulations, U.S. Anti-Boycott regulations, and various U.S. economic sanctions programs concerning certain countries and individuals administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control, or other applicable law regardless of U.S. jurisdiction over such activity. You will refrain from any activity in connection with this Agreement that would constitute a violation of applicable anti-corruption laws, including the U.S. Foreign Corrupt Practice Act, the UK Bribery Act, or other applicable law regardless of U.S. jurisdiction over such activity.
Governing Law. You agree that all questions pertaining to the validity and interpretation of this Agreement shall be determined in accordance with the laws of the State of California, without regard to its conflicts of laws principles. You hereby consent to the jurisdiction of, and waive any venue objections against, the United States District Court for the Northern District of California, and the Superior and Municipal Courts of the State of California, Santa Clara County, in any litigation arising out of or in connection with the Agreement. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
Force Majeure. Poly will not be liable for any failure or delay in the performance of its obligations, in whole or in part, directly or indirectly, during any period if performance is delayed or rendered impracticable or impossible due to reasonably unforeseeable circumstances beyond its reasonable control including, without limitation, epidemic or pandemic, fire, earthquake, storm, flood, power outage, strike, war, act of terrorism, law, export control regulation, instructions of government authorities or judgment of a court.