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Pyramid Technology Services, Inc. Purchase Contract

THIS PURCHASE ORDER IS EXPRESSLY CONDITIONED ON THE FOLLOWING:

1.) SELLER warrants that the equipment is free of all liens, claims and encumbrances of any kind.

2.) PURCHASER will not be held responsible for incoming damaged goods due to poor packaging or damage in transit and the risk of loss remains with the seller during transit.

3.) All Equipment is subject to test and inspection and will have a minimum 30 day replacement warranty from the day of receipt

Products must be in working and reasonable condition with no visible cracks, dents, scratches, or ink marks, and contain all available documentation, original software, OEM serial numbers, rack mount hardware, power cords and free of passwords unless otherwise specified above.

Any equipment defective within the warranty period will be replaced, repaired, or refunded by SELLER within 10 business days of receipt of notice from PURCHASER. PURCHASER will provide said notice within the 30 day period.

SELLER shall not otherwise disclaim or exclude any implied warranties, including merchantability, or disclaim liability for incidental, special or consequential damages

A.) SELLER is responsible for proper packaging for shipment to Pyramid Technology Services Inc (PTSI).

SELLER will ship with carrier specified above and reference PO# on airbill. DO NOT DECLARE VALUE.

5,) Include the diagnostic test sheet(s) in the shipment when available.

6.) The terms and conditions of this agreement and the sale subject hereto shall be subject governed by the laws of the State of Massachusetts without regard to its conflict of laws principles. In the event of a proceeding or suit brought regarding these terms and conditions and the subject hereto, such Suit shall be brought in the courts of Middlesex County, Massachusetts~ or the United States District Court of Massachusetts. The terms and conditions of this Purchase order supercede any and all other terms written, oral or otherwise, except as mutually agreed to by the parties in writing.

SELLER CERTIFIES THEY HAVE CLEAR TITLE TO THE EQUIPMENT BEING SOLD WITH NO LIENS.

Warning: Selling counterfeit or stolen products across State Lines is a violation of US Code Title 18 punishable by stiff prison terms. Seller acknowledges that the items on this PO are genuine products from the OEM obtained through legal means and not counterfeit or stolen. View Pyramid Technology Services, Inc. Anti-Counterfeit Policy.

PRODUCT(S) DEEMED TO BE FRAUDULENT OR COUNTERFEIT, AS SUBSEQUENTLY DETERMINED BY THE MANUFACTURER IN WRITING OR THAT HAVE BEEN SEIZED BY LAW ENFORCMENT AUTHORITIES OR MANUFACTURER AND NOT RELEASED AFTER A REASONABLE PERIOD, ARE DEEMED TO BE SOLD “AS IS” WITHOUT WARRANTY PROVIDED, HOWEVER BUYER WILL BE CREDITED FOR THE UNIT PRICE TOGETHER WITH ANY OTHER ITEMIZED CHARGES, FEES OR COSTS ORIGINALLY CHARGED FOR SUCH PRODUCT(S) UPON PROOF OF CONDITION. BUYER’S INABILITY TO RECOVER THE PRODUCT(S) AFTER EXPENDING A REASONABLE EFFORT ONLY SHALL RELIEVE BUYER OF ITS OBLIGATION TO RETURN THE FRAUDULENT OR COUNTERFEIT PRODUCT(S) AND DOES NOT RELIEVE SELLER OF ITS REIMBURSEMENT OBLIGATION.

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