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QUOTE: 2063521 056856-02
<br /> .a, DATE: 10/1912021
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<br /> PAGE: 2 of 3 '
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<br /> Quote valid for l30 days.Payment of invoices are due within 30 clays from date of invoice unless other terms are issued.Late payments are subject to interest charges of the lesser of 1%1k
<br /> per month or the maximum amount allowed by law.All prices subject to change without notice.Supply subject to avaifabiity.This Quote is subject to Presidio's Standard Terms and €d
<br /> Conditions below.Any changes to the following Terms and Conditions must be accepted in writing by Presidio, otherwise,CLIENT agrees to be bound by the following Terms and
<br /> Conditions and pricing contained herein:
<br /> Pricing r
<br /> •Quoted prices exclude applicable taxes.Invoicing wil Include applicable taxes unless a valid tau exempt certificate Is provided,
<br /> The price included herein reflects a 3%discount for payment by cash,deck or wire transfer.This discountAd not apply in the event that CLIENT pays using a credit card or debit card.
<br /> Prices exclude freight handling or Insurance(unless itemized In the quote)_
<br /> +Pricing for Professional Services are best-effort estimates ordy.Actual pricing wilt be finalized as part of a mutuality-agreeable Statement of Work.
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<br /> Invoicing
<br /> CLIENT is billed upon shipment from the manufacturer and shall accept and pay for partial shipment of products.
<br /> Usage-Based Services Terms and Conditions.For Usage-Based Services purchased by CLI ENT,Presidia shall invoice CLIENT once a month.Notwithstanding the amounts included on
<br /> the applicable purchase order,the lnvalce for UsaBased Services will vary from month to month based upon CLIENT'S usage and CLIENT shall be obligated to pay all charges for the
<br /> Usag"ased Services used by CLIENT in the previous month.if CLIENT is delinquent in its payment obligations for the Usage-Based Senncee,then,upon reasonable,prior notice,
<br /> Presidia reserves the right to suspend rr discontinue such services at its sale discretion.CLIENT acknowledges and agrees that such discontinuation or suspension by PRESIDIO wit not
<br /> constitute a breach of PRF„SIDIQ S obligations to CLIENT.CLIENT agrees to Indemnity,and hold harmless PRESID10 for any resulting damages due to the suspension or discontinuation
<br /> of the Usage-Based Services due to LIENT's delinquent or nor.paymerit,
<br /> -Enterprise Software,Licensing and Subscription Services CEnterprise Agreement').,For Third-Party-provided,emerprise-based software licensing and services.Presidia shall invoice
<br /> CLIENT according to the terms of the Enterprise Agreement between CLIENT and the Third Party.if CLIENT is delinquent in its payment obligations hereunder,then,upon reasonable,
<br /> prior notice,Presidia reserves the right to suspend or discontinue such services at its safe discretion.CLIENT acknowledges and agrees that such disconfinuation or s€spension by
<br /> i PRESiDIO will not constitute a breacYh sof PRESIDIOIS obligations to CLIENT. CLIENT agrees to indemnify and hold harmless PRESIDIO for any resulting damages due to the suspension
<br /> ( or discontinuation of the services due to CLIENT s delinquent or non-payment.
<br /> Freight Handing.Shipping
<br /> •CU ENT will he billed for Presidio's and/or the manufacturer's freight charges.
<br /> =Tide/Risk of loss passes to CLIENT Freight on Board lFOB)origin(FOB'destination(CONUS)amicable to Federal Government CLIENTS only)unto”othenrAse agreed to in writing by �
<br /> Presidio,riders shipped from a monofadurer the Presidia at CLIENT request for warehousing,configuration,storage or otherwise,shat be deemed to have been shipped to CLIENT FOB
<br /> origin.
<br /> Presidio accepts no responsibiliy,1 liability in connection with the shipment,
<br /> International deivery services include fi)Consolidated bli in USD fo€all international deliveries(N Consolidated contracting with one entity,namely Presidia(Iit)Single point of contact
<br /> IV)Freight forwarding including exportation permits,application of tariff headings,customs Clearance(including import permits,licenses,certificates)(v)Asset Management,Tracking&
<br /> Reporting.
<br /> Goals held in a Preszllo warehouse either a)at the CLIENT's request or b)In the int CLIENT refuses to accept delivery,may be subject to warehousing fees of 1%of the list price of
<br /> such goods.
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<br /> Warranty and Limitation of Liability
<br /> Product is warranted by the Manufacturer,not by P€esidia.Please consult Manufac turerfor warranty terms.iN NO EVENT SHALL PRESIDIO BE LIABLE TO CLIENT FOR ANY
<br /> INDIRECT,INCIDENTAL,SPECIAL,CONSEQUENTiAL,EXEMPLARY,OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER;ARISING IN CONTRACT,TORT OR OTHERWISE,
<br /> EVEN IF ADVISED OF THE POSSIBILITY OF SUCK DAMAGES.PRESIDIO'S ENTIRE LIABILITY AND CLIENT',$EXCLUSIVE REMEDY FOR DAMAGES FROM ANY CAUSE
<br /> j WHATSOEVER,INCLUDING,BUT NOT UNITED TO,NrONPERFORis1ANCE OR MISREPRESENTATION,AND REGARDLESS OF THE FORM OF ACTIONS,SHALL BE LIMITED TO
<br /> THE AMOUNT WHICH HAS BEEN ACTUALLY PAID TO PRESIDIO BY CLiENT FOR PRODUCTS HEREUNDER.
<br /> Return Policy
<br /> CLIENTS return rights are subject to the return policies(&fees including restocking)of lite applicable manufacturer
<br /> A:Presklloassued Rehm!Material Authorization(RMA)is required&needs to accompany returned seals before any ctetit Is issued to a CLIENT.Presidio reserves the right to deny RMA
<br /> requests in the event the Manufacturer All not provide for an authorized return,If integration of product is performed at a Presidia facility,transfer of mmmership occurs as of inception of
<br /> integration regardless of shipment terms as manufacturers will not accept return of open product„.
<br /> CLIENTS have IS calendar days from original ship date to request a RRA(unless shorter period is required by manufacturer)
<br /> items returned must be in original snipping Cartons,unopened,unused,undamaged and unaltered failing which Presidia is entitled to reject acceptance of items or charge further fees
<br /> The CLIENT is responsible for shipping fees to the destination highlighted In the RMA
<br /> Opened software cannot be returned'
<br /> Cancellation Policy
<br /> CLIENT s Cancellation of purchase order rights are subject to the cancellation policies($fees)of the applicable manufacturer
<br /> Leases
<br /> •In the event Presidio does not receive payment for leased goods purchased on the CLIENT's behalf from the applicable third-party financing entity,CL]ENT'is obligated to pay Presidia for
<br /> all such goods as indicated In the applicable Presidio Invoice!
<br /> Software terms
<br /> j Software is subject to the license terms that accompany i.
<br /> •License terms are established between the CLIENT&owner of the softwere
<br /> •Unless Presidia is the user or licensor,Presidia makes no representations andlor warranties relating to its operation,:ownership or use.
<br /> Delivery of software Menses are agreed to be accepted In electronic form from the third party software company. Otherwise,you agree to self-accrue any applicable sales tax at the rate
<br /> in effect for the jurisdiction,
<br /> Tenn and Termination of Orders:Usage-Based Services,Enterprise Agreements and Muti-YearOrders
<br /> •The terms of use for Usage-Based Services(14,Cisco-provided WebEx or Software as a Service(Seas))are established by the applicable third-party prodder of such seances either at
<br /> the applicable third-party provider website or via the separate'agreement between CLIENT and third-party provider.
<br /> •The'Initial Term`of an order for Usage-Based Services and/or and Emerpnee Agreement fOrder`)starts on the data the Usage-Based Services andfar Enterprise Agreement are
<br /> available for use by CLIENT and lasts for the time period stated in the Order.After the Initial Term,unless prohibited by applicable law,there will be an automatic"Renewal Term"of the
<br /> same length of time unless CLIENT noes Presidio in writing that CLIENT doses not want to renew at least sixty(fill)days before the end of the than current Initial Tema or Renewal Term.
<br /> If the fees wit change for the Renewal Term,Presidia All notify CLIENT reasonably in advance of the Renewal and in time for CLIENT to accept or reject renewing the Usage-Based
<br /> Services and/or Enterprise Agreement.if CLIENT agrees with the fee changes,CLIENT may do noth Ing and the new fees will apply for the upcoming Ranawal Term.
<br /> •Either party may terminate an mer by providing the other party written'':notice of termination at least sixty(60)days before the and of such Inial or Renewal Term,The termination w6 W
<br /> effective on the last day oft he initial or RenewalTerm and Cti ENT will pay for the,U e..Based Services and/or Enterprise Agreement until the end of the current Initial or Renewal Term
<br /> regardless of when CLIENT provided notice.Notwithstanding the foregoing,Us a-Based SwAcos and Enterprise Agreements ordered are strictly non-canostable,d€uing the Initial Term or
<br /> Renewal Term except as otherwise provided in the applicable Service Terms aridtor otherwise agreed upon In writing by Presidio.CLIENT Wit not be entitled to any refund for terminated
<br /> Usage-Based Services or Enterprise Agreements during the initial Term or Renewal Term except as agreed upon In writing by Provider and/or Presidio
<br /> Muni-Year Agreements
<br /> •Fpr mulfi-year agreements,GLI ENT expressy agrees to enter into a bintrnng,non-cancelable agreement per the billing',schedule set fa#t in the quota, THE CLIENT AGKNOV&EDGES
<br /> AND AGREES THAT THE CLIENT'S AGREEMENT AND PAYMENTS FOR A MULTI-YEAR TRANSACTION ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
<br /> THE PARTIES FOR MULTI-YEAR AGREEMENT'S,SUCH THAT PRESiDIO WOULD NOT HAVE ENTERED INTO A MULTI-YEAR TRANSACTION WITHOUT SUCH AGREEMiENT.
<br /> SmartNet(Third party Maintenance)
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