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IMPORTANT DETAILS This reader-friendly page has been created to assist you in your purchasing decisions; besides offering details to many offers,
you may also find other important information such as warranty and service. We hope this reference tool provides answers to your questions – if you do not find what you need here please email Pilgrim Technology Support or call 989-837-2099.
Offers:
Pricing, specifications, availability, and terms of offer may change without notice.
Taxes, fees, shipping, handling, and any applicable restocking charges extra, vary and are not subject to discount.
Pilgrim Technology LLC reserves the right to change pricing due to fluctuating market conditions and at its sole discretion
may or may not credit back customers on such items.
Sales:
All sales are final. Pilgrim Technology LLC will make every effort feasible to assist you with your warranty or product related issues.
Pilgrim Technology LLC at its sole discretion may work with product manufacturer on your behalf to assist in these matters.
Pilgrim Technology LLC will make your warranty information available to you through providing you with an invoice and any necessary
information you may need to execute such warranty conditions. Pilgrim Technology LLC, may charge at its sole discretion a restocking fee,
handling fee or credit processing fee on any returns of merchandise not yet shipped, shipped, or delivered. The standard fee on accepting returns
or cancellations of orders is 15% for any order after 3 PM EST. Pilgrim Technology LLC may adjust these terms and conditions at its sole discretion
without notice.
Mistakes:
Pilgrim Technology LLC cannot be responsible for pricing or other errors, and reserves the right to cancel orders arising from such errors.
Terms and Conditions: These terms and conditions ("Agreement") apply to your purchase of computer systems and/or related products and/or services
and support sold in the United States ("Product") by the Pilgrim Technology LLC entity named on the invoice or acknowledgement
("Pilgrim Technology LLC") provided to you. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement.
If you do not wish to be bound by this Agreement, you must notify Pilgrim Technology LLC immediately and return your purchase pursuant to
Pilgrim Technology LLC's Return Policy. (See our Support Page for our contact information.) If returned, Product(s) must remain in the boxes
in which they were shipped. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH PILGRIM TECHNOLOGY LLC,
IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER PILGRIM TECHNOLOGY LLC TERMS AND CONDITIONS APPLY TO THE TRANSACTION.
Other Documents.
This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written
agreement signed by both you and Pilgrim Technology LLC. If you do not receive an invoice or acknowledgement in the mail, via e-mail,
or with your Product, information about your purchase may be obtained at our Support Page or by contacting your sales representative at
989-837-2099 (x221).
Payment Terms; Orders; Quotes; Interest.
Payment terms are within Pilgrim Technology LLC's sole discretion, and, unless otherwise agreed to by Pilgrim Technology LLC,
payment must be made at the time of purchase. Payment for Product may be made by credit card or some other prearranged payment method.
Your order is subject to cancellation by Pilgrim Technology LLC, at Pilgrim Technology LLC's sole discretion. Pilgrim Technology LLC
is not responsible for pricing, typographical, or other errors, in any offer by Pilgrim Technology LLC and reserves the right to cancel
any orders resulting from such errors.
Shipping Charges; Taxes; Title; Risk of Loss.
Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during
shipping by a carrier selected by Pilgrim Technology LLC is Pilgrim Technology LLC's responsibility. Loss or damage that occurs during
shipping by a carrier selected by you is your responsibility. You must notify Pilgrim Technology LLC within 10 days of the date of your
invoice if you believe any part of your purchase is missing, wrong or damaged. For purchases within the state of Michigan, you are
responsible for sales and other taxes associated with the order unless you provide Pilgrim Technology LLC with a valid and correct tax
exemption certificate applicable to your purchase of Product. Shipping dates are estimates only. Title to software will remain with the
applicable licensor(s).
Warranties.
THE LIMITED WARRANTIES APPLICABLE TO MANUFACTURER-BRANDED HARDWARE PRODUCT CAN BE FOUND AT OUR Warranties Page OR IN THE DOCUMENTATION
PILGRIM TECHNOLOGY LLC PROVIDES WITH THE PRODUCT. PILGRIM TECHNOLOGY LLC MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON-PILGRIM
TECHNOLOGY LLC BRANDED PRODUCT. SUCH PRODUCT IS PROVIDED BY PILGRIM TECHNOLOGY LLC "AS IS". WARRANTY AND SERVICE FOR NON-PILGRIM TECHNOLOGY LLC
BRANDED PRODUCT, IF ANY, IS PROVIDED BY THE ORIGINAL MANUFACTURER, NOT BY PILGRIM TECHNOLOGY LLC. PILGRIM TECHNOLOGY LLC MAKES NO EXPRESS
WARRANTIES EXCEPT THOSE STATED IN PILGRIM TECHNOLOGY LLC'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP
OR ACKNOWLEDGEMENT. WARRANTIES AND SERVICE WILL BE EFFECTIVE, AND PILGRIM TECHNOLOGY LLC WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES AND
SERVICES, ONLY UPON PILGRIM TECHNOLOGY LLC'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED OR SERVICED.
Software.
All software is provided subject to the license agreement that is part of the software package and you agree that
you will be bound by such license agreement.
For Pilgrim Technology, LLC Branded Product Only:
Return Policies; Exchanges.
Pilgrim Technology LLC's return policy can be found at our RMA Page. You must contact us directly before you attempt to return
Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in their
original or equivalent packaging. You are responsible for risk of loss, shipping, and handling fees for returning or exchanging Product.
Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by Pilgrim Technology LLC,
Pilgrim Technology LLC is not responsible whatsoever for Product that is lost, damaged, modified, or otherwise processed for disposal or resale.
At Pilgrim Technology LLC's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or
promotional pricing.
Changed or Discontinued Products.
Pilgrim Technology LLC's policy is one of ongoing update and revision. Pilgrim Technology LLC may revise and discontinue Product
at any time without notice to you. Parts used in repairing or servicing Product may be new, equivalent-to-new, or reconditioned.
Service and Support.
Service offerings may vary from Product to Product. If you purchase optional services and support from Pilgrim Technology LLC, Pilgrim
Technology LLC and/or your third-party service provider will provide such service and support to you in the United States in accordance
with the terms and conditions mailed to you. You may contact Pilgrim Technology LLC for more information, see our Support Page for contact information. Pilgrim Technology LLC and/or the third-party service provider may at their discretion, revise their general and optional service
and support programs and the terms and conditions that govern them without prior notice to you. Pilgrim Technology LLC has no obligation to
provide service or support until Pilgrim Technology LLC has received full payment for the Product or service/support contract you purchased.
Pilgrim Technology LLC is not obligated to provide service or support you purchase through a third party and not Pilgrim Technology LLC.
Limitation of Liability.
PILGRIM TECHNOLOGY LLC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY
FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF
SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PILGRIM TECHNOLOGY LLC WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT,
OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY
RELATED TO THE PURCHASE OF PRODUCT, PILGRIM TECHNOLOGY LLC IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR
THE APPLICABLE PRODUCT. NOT WITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF
SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
Applicable Law; Not For Resale or Export.
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that
you are buying for your own internal use only, and not for resale or export.
Governing Law.
THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT,
OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER
AND PILGRIM TECHNOLOGY LLC arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof,
the relationships which result from this agreement, Pilgrim Technology LLC's advertising, or any related purchase SHALL, TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF MICHIGAN, WITHOUT REGARD TO CONFLICTS OF LAWS RULES.
Headings.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions,
and no construction or inference shall be derived there from.
Binding Arbitration.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY,
COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND PILGRIM TECHNOLOGY LLC, its agents, employees, principals, successors,
assigns, affiliates (collectively for purposes of this paragraph, "Pilgrim Technology LLC") arising from or relating to this Agreement,
its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the
full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Pilgrim Technology LLC's
advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY A LOCAL LAW FIRM LOCATED
IN MIDLAND, MI The arbitration will be limited solely to the dispute or controversy between customer and Pilgrim Technology LLC. NEITHER CUSTOMER
NOR PILGRIM TECHNOLOGY LLC SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A
REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction involves interstate commerce, and this provision
shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each
of the parties, and may be entered as a judgment in any court of competent jurisdiction. Pilgrim Technology LLC will be responsible for paying
any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a
claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys' fees, if any.
However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement
providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
Terms and Conditions of Sale for Persons or Entities Purchasing to Resell
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS,
AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
These terms and conditions ("Agreement") apply to your purchase and resale of computer systems, related products and/or services and support
sold in the United States ("Products") by the Pilgrim Technology LLC entity named on the invoice ("Pilgrim Technology LLC") or other documents
provided to you by Pilgrim Technology LLC. This Agreement does not apply to you if you are buying for your own end use. By accepting delivery
of the Products you agree to be bound by and accept the terms and conditions of this Agreement. These terms and conditions are subject to change
at any time in Pilgrim Technology LLC's sole discretion without prior written notice. If you do not wish to be bound by this Agreement, you must
promptly notify Pilgrim Technology LLC. Products must remain in the boxes in which they were shipped and notify us immediately to arrange a Product
return. YOU WILL BE RESPONSIBLE FOR SHIPPING & HANDLING CHARGES FOR THIS RETURN. ADDITIONAL RETURN OR RESTOCKING FEES MAY APPLY. THIS AGREEMENT
SHALL APPLY UNLESS YOU HAVE A SEPARATE WRITTEN AGREEMENT WITH PILGRIM TECHNOLOGY LLC OR OTHER PILGRIM TECHNOLOGY LLC TERMS AND CONDITIONS APPLY.
Other Documents.
This Agreement may NOT be altered, supplemented or amended by the use of any other document(s) unless otherwise agreed to in a separate
written agreement signed by both you and Pilgrim Technology LLC. If you do not receive an invoice or acknowledgement in the mail or with your
Product, information about your purchase may be obtained by contacting Pilgrim Technology sales division.
Reselling.
You may resell Products. Pilgrim Technology LLC may market Products to any third party directly or indirectly without any obligation or liability to you.
This Agreement does not guarantee that you will make any sales of the Products. You determine or set your resale Product pricing. Pilgrim Technology LLC
reserves the right to restrict or prohibit your participation in certain promotions, add, modify, or discontinue pricing, Products and/or parts.
Pilgrim Technology LLC may require you to meet additional obligations not outlined herein, which will be disclosed to you prior to your purchase of
Products. You will provide Pilgrim Technology LLC such information and reports as may reasonably be requested by Pilgrim Technology LLC.
Trademarks; Copyrights.
You may use the "Pilgrim Technology LLC" name and Pilgrim Technology LLC's product names solely for the purpose of accurately identifying the
Pilgrim Technology LLC-branded Products you market and/or sell under this Agreement. You agree to change or correct, at your own expense,
any material or activity that Pilgrim Technology LLC decides is inaccurate, objectionable or misleading or a misuse of Pilgrim Technology LLC's name,
trademarks, service marks, or Pilgrim Technology LLC's logos or copyrighted works. You may not use the Pilgrim Technology LLC name and Pilgrim
Technology LLC's product names for any other purpose. You are prohibited from implying that you and Pilgrim Technology LLC are partners, creating
the impression that Pilgrim Technology LLC is affiliated with you or has sponsored, authorized, approved or endorsed your business, or any offer
or any marketing, advertising or promotion thereof. You may not register or use any domain name or business name containing or confusingly similar
to any name or mark of Pilgrim Technology LLC's. You will clearly and prominently identify yourself in all offers and advertising, marketing and
promotional materials relating to this Agreement.
Quotes; Orders; Payment Terms; Interest.
Payment terms are within Pilgrim Technology LLC's sole discretion. You agree not to violate the terms of any offer or concession made available
by Pilgrim Technology LLC. Pilgrim Technology LLC may invoice and/or ship parts of an order separately. Pilgrim Technology LLC reserves the right
to cancel an order or transaction, in whole or in part. You hereby grant Pilgrim Technology LLC, and Pilgrim Technology LLC hereby retains,
a purchase money security interest and lien on any and all of your rights, title and interest in Products, wherever located, and all replacements
or proceeds of the Products, until the invoice for the applicable Products is paid in full, including any late charges and costs of collection.
You consent to Pilgrim Technology LLC's use of this Agreement, as well as Product invoices, as financing statements for protecting this security
interest and appoint Pilgrim Technology LLC as your agent for service of process. Unless you and Pilgrim Technology LLC have agreed to a different
discount, Pilgrim Technology LLC's standard pricing policy for Manufacturer-branded product applies.
Shipping Charges.
Shipping dates provided by Pilgrim Technology LLC are estimates only. Shipping and handling are additional and will be shown on the
invoice(s) or other documentation. Loss or damage that occurs during shipping by a carrier selected by Pilgrim Technology LLC is Pilgrim
Technology LLC's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility.
Title; Risk of Loss; Insurance.
Title to products passes from Pilgrim Technology LLC to you on shipment from Pilgrim Technology LLC's facility or third party manufacturers facility.
Title to software will remain with the applicable licensor(s). You will maintain comprehensive general liability, including products liability,
insurance in an amount appropriate for your business, but in no event less than $1,000,000.00 (US) with an insurance company having a Best rating of A.
Upon Pilgrim Technology LLC's request, you will provide to Pilgrim Technology LLC a certificate of such insurance (including any new or amended
certificates of insurance) and/or name Pilgrim Technology LLC as an additional insured.
Warranties.
PILGRIM TECHNOLOGY LLC MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN PILGRIM TECHNOLOGY LLC'S APPLICABLE LIMITED WARRANTY
STATEMENT IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT OR THE DOCUMENTATION PROVIDED WITH THE PRODUCT(S).
PILGRIM TECHNOLOGY LLC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF NONINFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES BY PILGRIM TECHNOLOGY LLC FOR NON-PILGRIM TECHNOLOGY LLC BRANDED PRODUCTS,
SERVICE OR SOFTWARE PRODUCTS. ALL SUCH PRODUCTS ARE PROVIDED BY PILGRIM TECHNOLOGY LLC "AS IS". NO REVISION IN LIMITED WARRANTIES WILL AFFECT
PRODUCTS ALREADY ORDERED BY YOU.
Additional Remedies & Responsibilities.
PILGRIM TECHNOLOGY LLC RESERVES THE RIGHT TO DISCONTINUE OR OTHERWISE VOID ANY WARRANTY, SERVICE OR TECHNICAL SUPPORT IT OFFERS IN WHOLE OR IN
PART IF YOU BREACH ANY OF YOUR OBLIGATIONS UNDER THIS AGREEMENT OR IF YOU FAIL TO PAY AMOUNTS DUE FOR PRODUCTS YOU PURCHASE FROM PILGRIM TECHNOLOGY LLC.
YOU SHALL BE SOLELY RESPONSIBLE FOR ALL REPRESENTATIONS OR OMISSIONS YOU MAKE TO YOUR CUSTOMERS INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION OR
OMISSION YOU MAKE ABOUT PRODUCT WARRANTIES, FEATURES, PERFORMANCE, SUPPORT AND SERVICE. YOU WILL INFORM YOUR CUSTOMERS OF PILGRIM TECHNOLOGY LLC'S
RIGHTS AND YOUR OBLIGATIONS UNDER THIS AGREEMENT.
Software.
All software is provided subject to the license agreement that is provided with the Product. You agree that you and your customers will be
bound by such license agreement.
No Returns.
Pilgrim Technology LLC's return policies including but not limited to Pilgrim Technology LLC's "Return Policies" do not apply to your purchase
of Product or to your customers.
Products.
Pilgrim Technology LLC's policy is one of on-going Product update and revision. Pilgrim Technology LLC may revise and discontinue Products at any
time without notice to you. The parts and assemblies used in building Products and spare parts are selected from new, equivalent-to-new or reconditioned
parts and assemblies.
Limitation of Liability.
PILGRIM TECHNOLOGY LLC DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCTS NOT
BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, LOST PROFITS, LOSS OF BUSINESS, YOUR BREACH OF THIS AGREEMENT OR THE PROVISION OF
SERVICES AND SUPPORT. PILGRIM TECHNOLOGY LLC WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT OR
ON OUR WEB SITE TO THE CONTRARY, PILGRIM TECHNOLOGY LLC IS NOT RESPONSIBLE FOR INFORMATION YOU PROVIDE TO US UNLESS YOU HAVE A SEPARATE WRITTEN AGREEMENT
OTHERWISE. YOU AGREE THAT FOR ANY LIABILITY ARISING FROM OR RELATED TO THE PURCHASE OF ANY PRODUCTS, PILGRIM TECHNOLOGY LLC IS NOT LIABLE OR
RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT INVOICED BY PILGRIM TECHNOLOGY LLC FOR THE RESPECTIVE PRODUCTS.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL
THEIR ESSENTIAL PURPOSE.
Service and Support.
Service offerings may vary from product to product. If you purchase optional services and support, Pilgrim Technology LLC or a third party service
provider will provide the optional service and support to you or your customer in the United States in accordance with the terms and conditions in
effect at the time of your purchase. Pilgrim Technology LLC may, at its discretion, revise its general and optional service and support programs and
the terms and conditions that govern them without prior notice to you or your customer. PILGRIM TECHNOLOGY LLC HAS NO OBLIGATION TO PROVIDE WARRANTY
OR SUPPORT SERVICES TO YOU OR YOUR CUSTOMERS UNTIL PILGRIM TECHNOLOGY LLC HAS RECEIVED FULL PAYMENT FOR THE PRODUCT THAT YOU PURCHASE.
To transfer service, contact Pilgrim Technology LLC's customer service at 989-837-2099.
YOUR INDEMNITY TO PILGRIM TECHNOLOGY LLC.
To the fullest extend permitted by law, you will indemnify, defend and hold Pilgrim Technology LLC, including Pilgrim Technology LLC's partners,
officers, directors, agents, employees, subsidiaries, affiliates, parents, successors and assigns, harmless from any claim, demand, cause of action,
debt or liability (including reasonable attorneys fees, expenses and court costs) arising from: (a) your modification(s) of and/or addition(s) to
Product(s); (b) your breach of this Agreement, (c) your omissions, misrepresentations, or negligence, and (d) the Products sold by you damage a
third party to the extent such claim is based on (i) your modification of and/or addition to the Products, misuse or abuse of the Products, negligence
or breach of any provision in this Agreement; (ii) your failure to abide by all applicable laws, rules, regulations and orders that affect the Products;
(iii) your omission, misrepresentation, or negligence, or (iv) you or your end-users cause intentional harm to any person or property.
Indemnified claims, debts and liabilities include the amount of any discount in price or concession that is made available by Pilgrim Technology LLC
to you.
Dispute Resolution.
The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against Pilgrim Technology LLC,
its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Pilgrim Technology LLC") arising out of or
relating to this Agreement or any related purchase (a "Dispute") through face to face negotiation with persons fully authorized to resolve the Dispute
or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through
negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by
binding arbitration in accordance with the then current CPR Rules for Non-Administered Arbitration. The Arbitration will be conducted before three (3)
independent and impartial arbitrators. Pilgrim Technology LLC will appoint one (1) arbitrator and the other party or parties will appoint one (1)
arbitrator. The two (2) appointed arbitrators will then select a third arbitrator, who shall be the presiding arbitrator. The arbitration hearing shall
take place in Midland, Michigan, and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws.
The arbitrators shall base their award on the terms of this Agreement, and will follow the law and judicial precedents that a United States District
Judge sitting in the State of Michigan would apply to the Dispute. The arbitrators shall render their award in writing and will include the findings
of fact and conclusion of law upon which their award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction.
The existence or results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will
have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to
preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph.
Independent Contractors.
No provision of this Agreement will or shall be deemed to create a partnership, joint venture or other combination between Pilgrim Technology LLC and you.
You and Pilgrim Technology LLC are independent contractors. Neither party will make any warranties or representations or assume any obligations on the
other party's behalf. Neither party is nor will claim to be a legal representative, partner, franchisee, agent or employee of the other party.
Each party is responsible for the amounts it incurs arising from this Agreement and for the direction and compensation, and is liable for the actions of,
its employees and subcontractors.
Governing Law. THE LAWS OF THE STATE OF MICHIGAN GOVERN THIS AGREEMENT, EXCLUDING ITS CONFLICTS OF LAWS RULES AND EXCLUDING THE UNITED NATIONS
CONVENTION ON THE INTERNATIONAL SALE OF GOODS.
Export.
You acknowledge that the purchased goods licensed or sold under this Agreement, and the transaction 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 ("U.S.") and may also be subject to
the customs and export laws and regulations of the country in which the products are manufactured and/or received. You acknowledge that it is your sole
responsibility to comply with and abide by those laws and regulations. Further, under U.S. law, the goods shipped pursuant to this Agreement may not be
sold, leased or otherwise transferred to restricted countries or utilized by restricted end-users or an end-user engaged in activities related to weapons
of mass destruction, including without limitation, activities related to the design, development, production or use of nuclear weapons, materials, or
facilities, missiles or the support of missile projects, and chemical or biological weapons. You agree not to provide any written regulatory
certifications or notifications on behalf of Pilgrim Technology LLC. Pilgrim Technology LLC has not tested Products for use in high-risk activities
including but not limited to any life sustaining, chemical, or mission critical use. PILGRIM TECHNOLOGY LLC WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES
ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH RISK ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION
OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT, OR WEAPONS SYSTEMS.
Headings.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction
or inference shall be derived there from. If any provision of this Agreement is void or unenforceable, the remainder of this Agreement will remain
in full force and will not be terminated. Neither party will be liable for any delays resulting from circumstances or causes beyond the party's
reasonable control. (REV 05/25/06)
Trademarks:
Dell, the Dell logo, the stylized E logo, E-Value, Easy as Dell, Dimension, OptiPlex, Inspiron, Latitude, PowerEdge, PowerVault, DellHost, QuietKey,
Dell OpenManage, IT Assistant, ExpressCharge, OptiFrame, Dell Precision, CompleteCare, DirectLine, Premier Access, TriMetal, PowerConnect, StrikeZone,
DellNet, SmartStep, TrueMobile, Axim, and Dell UltraSharp are trademarks of Dell Inc.
Intel, Intel Inside, Pentium, Intel Xeon, Pentium III Xeon, Celeron, SpeedStep, XScale, and Centrino are trademarks or registered trademarks of
Intel Corporation or its subsidiaries in the United States and other countries.
Microsoft, MS, the Microsoft Logo, Windows, Windows NT, Excel, PowerPoint, Outlook, and FrontPage are registered trademarks of Microsoft Corporation.
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