J2R SOLUTIONS LLC HARDWARE TERMS AND CONDITIONS OF SALE
Please read this Sale Agreement before using this J2R SOLUTIONS LLC (“J2R Solutions”) hardware
appliance product (the “Hardware”). By finalizing Your purchase order online (or your order under J2R
Solutions’ Try and Buy Program), You, as the purchaser of the Hardware from J2R Solutions (“You” or
“Customer”) agree to the terms of this Sale Agreement, and, if applicable, you also agree to bind to the
terms of this Sale Agreement any end user (“End User”) on whose behalf You are making this purchase
for (Customer and J2R Solutions are hereafter together referred to as “Parties”). If You and/or the End
User, as the case may be, disagree with these terms and conditions, do not finalize Your order, or if the
order has been placed, return the Hardware immediately upon receipt without using it.
Payment; Purchase Price and Associated Charges. Payment must be made at the time of order unless
otherwise agreed to by the Parties. Customer will pay the total purchase price plus shipping and
handling, if any, as specified on the emailed invoice. Customer is also responsible for all taxes related to
this purchase and to the import of the Hardware, if applicable, to include but not limited to any and all
sales taxes, value-added taxes, import taxes/customs/duties and any other similar taxes imposed by any
governmental entity. Moreover, Customer bears the responsibility to report purchases and/or imports
as required by local law at their business location and/or at location where the Hardware is delivered by
J2R Solutions.
Title; Risk of Loss. Title to the Hardware passes to Customer when the Hardware is paid for in full.
However, J2R Solutions bears all responsibility for loss of or damage to the Hardware during initial
shipment after purchase and until Hardware is received by Customer, unless Customer selects its own
mode of shipping. In repair cases, risk of loss is borne by Customer for return of the Hardware, but by
J2R Solutions following repair and upon return to Customer.
Limited Warranties. J2R Solutions warrants the Hardware against defects in materials and workmanship
under normal use (the “Warranty”) for a period of twelve months (12) from the Delivery Date (the
“Warranty Period”), on the condition that the Hardware has been completely paid for. Unless as
otherwise mandated by local law, the Warranty Period does not restart if Customer receives a
replacement appliance and/or replacement software.
J2R Solutions disclaims all other warranties, express or implied, including without limitation implied
warranties of merchantability, fitness for a particular purpose, or against hidden or latent defects. J2R
Solutions’ responsibility for warranty claims is limited to repair or replacement. J2R Solutions reserves
the right to modify this Warranty at any time, at its sole discretion, and with notice to Customer.
J2R Solutions does not warrant that the Hardware or any networks or systems protected by the
Hardware will be free from vulnerability, intrusion, attack, or other damage. J2R Solutions does not
warrant that the operation of the Hardware will be uninterrupted or error-free. J2R Solutions is not
responsible for damage arising from failure to follow instructions relating to the Hardware’s use. This
Warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to
a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches,
dents and broken plastic on ports; (c) to damage caused by accident, abuse, misuse, neglect or failure to
properly maintain (to include but not limited to water damage and/or condensation or improper
temperatures during storage), or improper installation; (d) to damage caused by electrical disturbances
or acts of God, to include but not limited to civil disturbance, war, flood, fire, rodents or insects; (e)
where manufacturer’s serial numbers have been removed from the Hardware; and (f) to damage caused
during shipment (due to Customer’s improper packaging) from Customer to J2R Solutions in the case of
Hardware returns for repair.
This Warranty is voided immediately if repair, modification (to include upgrades, expansions or usage or
addition of non-manufacturer parts or accessories), alteration or other service is attempted other than
by J2R Solutions. In this regard, the integrity of the appliance casing (aka the box) should not be violated
for any reason, unless expressly authorized by J2R Solutions in writing.
Technical Support. J2R Solutions will provide technical support to Customer in accordance with the then-
current support policy in effect and in accordance with the Warranty provided in section below, unless
full payment for the purchase of the Hardware is not received. J2R Solutions will respond to Customer
support problems by phone or by email inquiry. If a support problem cannot be rectified via phone or
email, Customer will be provided with return instructions.
Customer agrees and understands that it may be necessary for J2R Solutions to collect, process and use
Customer data to perform the support and repair obligations identified herein. This may include the
necessity to transfer data to affiliate third parties that are contracted with J2R Solutions to assist in
meeting these obligations. In doing so, J2R Solutions will (i) protect and keep confidential such
information, (ii) not use such information for reasons other those discussed above, and (iii) not sell,
distribute or pass on such information to any third party.
Repair. The Customer taking delivery of the Hardware from J2R Solutions (either the J2R Solutions
reseller or distributor, or the end user customer, as the case may be) should carefully inspect the
Hardware upon its delivery. Such Customer should maintain all original packaging upon receiving the
Hardware until the Hardware has been installed and is found to be in proper working order.
If the Hardware arrives to such Customer damaged or defective at initial delivery (the date of arrival is
referred to herein as the “Delivery Date”), such Customer must notify J2R Solutions Technical Support
within 30 days from the Delivery Date of the condition of the Hardware and obtain return instructions if
needed. Hardware must then be returned immediately to J2R Solutions for repair or replacement at J2R
Solutions’ discretion (on the outside of the box, please write the RMA # (Return Merchandise
Authorization) and attach a copy of the RMA form provided on the J2R Solutions website cited above).
J2R Solutions will then arrange for delivery of temporary or permanent replacement Hardware. Such
Customer is responsible for properly packing the return shipment of the Hardware. J2R Solutions will
arrange for shipping and insurance.
If such Customer fails to notify J2R Solutions within 30 days of the Delivery Date, (i) the Refund Policy
below will not apply, (ii) Customer will bear the cost of returning the Hardware for repair, and (iii)
damaged Hardware will not be accepted.
If during the Warranty Period (as described above) but following the initial 30-day period the Hardware
is not working properly, Customer must contact J2R Solutions Technical Support via [insert email or link]
to confirm the problem and obtain return instructions if needed. The RMA instructions provided above
also apply in this case. Customer will pay shipping and insurance costs when returning the Hardware for
repair.
If the Hardware is returned for repair or replacement at any time following purchase by Customer and
J2R Solutions discovers that the Warranty is inapplicable due to the reasons provided above (see the
“Limited Warranties” section hereof), the Hardware will not be repaired and will be returned to
Customer at Customer’s expense, unless Customer authorizes and pays for repair. Whether Customer
authorizes repair or not, J2R Solutions reserves the right to charge a “No Fault Found” fee where the
Hardware is found not to be defective due to any fault of the J2R Solutions.
Any J2R Solutions reseller or distributor involved in the purchase of the Hardware is not authorized to
make any modification, extension, or addition to the Limited Warranties provided by J2R Solutions
herein, although any such reseller or distributor may provide its own warranty in addition to the
warranty coverage provided by J2R Solutions.
Since the Hardware is designed to use software programs, data and other information, Customer is
advised to make periodic backup copies of the software installed by Customer and of any information
contained on the Hardware’s hard drive or other storage media to protect the contents and as a
precaution against possible operational failures. Before Customer returns Hardware for repair,
Customer is advised to keep a separate backup copy of software and content, and must disable any
security passwords. It is possible that the contents of Customer’s hard drive will be lost or reformatted
in the course of repair, and J2R Solutions and/or its agents are not responsible for any damage to or loss
of programs, data or other information contained on the media or any part of the Hardware serviced,
nor to any accessories, parts or external devices installed by Customer. Hardware or a replacement
product will be returned to Customer configured as when originally purchased, subject to applicable
updates. Customer will be responsible for reinstalling all other software programs, data and passwords.
Recovery and reinstallation of software programs and user data are not covered under the warranty
provided herein.
Refund Policy and Product Return. On a case-by-case basis, J2R Solutions reserves the right to authorize
a full refund of any Hardware purchase made where a refund is requested within 30 days of the Delivery
Date. In such cases where a refund is approved, End User will return the Hardware to the J2R Solutions
distributor or reseller which ordered the product or directly to J2R Solutions if the End User made such
order itself. If the Hardware was ordered by a distributor or reseller, such distributor or reseller will
coordinate with J2R Solutions for the return of the Hardware. In either case, Customer is responsible for
shipping and insurance charges and any damage to the Hardware which takes place en route to J2R
Solutions. J2R Solutions reserves the right to charge a nominal re-stock fee for any such returns.
Limitation of Liability. J2R Solutions is not liable under any other agreement between End User and a J2R
Solutions reseller or distributor for the provision of support (to include but not limited to an extended
warranty or any support, service or repair agreement).
If found to have breached this Sale Agreement, J2R Solutions is not liable for any amount above the
aggregate dollar amount paid by Customer for the purchase of the Hardware under this Sale Agreement.
Except as provided in the Warranty and to the extent permitted by law, J2R Solutions is not responsible
for indirect, special, incidental or consequential damages resulting from any breach of this Sale
Agreement, including but not limited to loss of use; loss of revenue; loss of actual or anticipated profits
(including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of
business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of
data or software programs; or any indirect or consequential loss or damage howsoever caused including
the replacement of equipment and property, any costs of recovering, programming, or reproducing any
program or data stored or used with the Hardware and any failure to maintain the confidentiality of
data stored on the product. The foregoing limitation shall not apply to death or personal injury claims,
or any statutory liability for intentional and gross negligent acts and/or omissions.
Not For Resale. The Hardware may not be purchased for resale purposes by Customer unless Customer
is a legal and authorized reseller of J2R Solutions products.
High Risk Uses. Customer will not knowingly purchase the Hardware for usage in connection with any
high risk or strict liability activity (including, without limitation, air travel, space travel, firefighting, police
operations, vehicle operations, power plant operations or power generation applications, transport
management systems, military operations, rescue operations, hospital and medical operations or the
like) whereby such usage could cause or contribute to damage to property or injury to persons.
Hardware Disposal/Recycling. J2R Solutions will recycle the Hardware following its use, upon request.
Accordingly, End User may arrange for the recycling the Hardware through the J2R Solutions distributor
or reseller which made the Hardware sale. Any disposal or recycling of the Hardware must be done in
accordance with local government directives.
Export. Customer must comply with all export laws and restrictions and regulations
Entire Agreement. This Sale Agreement constitutes the entire understanding of the Parties as to the
subject matter hereof and supersedes all prior offers, agreements, arrangements, negotiations and
understanding, written or oral between the parties relating to that subject matter.
Severability; Assignment. If any provision of this Sale Agreement is held to be unenforceable for any
reason, the legality or enforceability of the remaining terms shall not be affected or impaired. The
failure of J2R Solutions to act with respect to a breach of this Sale Agreement by Customer or others
does not constitute a waiver and shall not limit J2R Solutions’ rights with respect to such breach or any
subsequent breaches. J2R Solutions expressly reserves the right to assign this Sale Agreement and to
delegate any of its obligations hereunder. Customer may not assign, delegate or otherwise transfer
(whether by operation of law or otherwise) this Sale Agreement or any of Customer rights or obligations
hereunder without the prior written consent of J2R Solutions. J2R Solutions may assign the provision of
repair services to third parties.
Governing Law; Dispute Resolution. Any dispute, controversy or claim arising out of or relating to this
Sale Agreement or to a breach thereof, including its interpretation, performance or termination, shall be
finally resolved by arbitration. The arbitration shall be conducted in English and in accordance with the
Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services (JAMS), which shall
administer such arbitration. The arbitration, including the rendering of the award, shall take place in
Santa Clara County, Florida, USA. For the purposes of this arbitration, this Sale Agreement shall be
governed by and construed under Florida law as such law applies to agreements between Florida
residents entered into and to be performed within Florida, USA. The decision of the arbitrators shall be
binding upon the parties hereto, and the expense of the arbitration (including without limitation the
award of attorneys’ fees to the prevailing party) shall be paid as the arbitrators determine. The decision
of the arbitrators shall be executory, and judgment thereon may be entered by any court of competent
jurisdiction.
Notwithstanding anything contained in this Section, either party has the right to institute judicial
proceedings against the other party or anyone acting by, through or under such other party in order to
enforce the instituting party’s rights hereunder through reformation of contract, specific performance,
injunction or similar equitable relief.
Any non-English language translation of this Hardware Sale Agreement is done for local requirements
and in the event of a dispute between the English and any non-English versions, the English version of
this Sale Agreement shall govern
Questions. If You have any questions regarding this Sale Agreement, please contact [insert email]
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