Terms and Conditions of Sale

By making a purchase from Essenz Consulting (Essenz), you are agreeing to the following terms and conditions.

1. Payment Terms. Unless agreed to separately in writing, payment is to be made in advance of shipment by authorized Credit Card, Check, Money Order, or Wire Transfer. In those cases where Essenz, in it's sole discretion, allows credit terms, payment shall be made within 30 days of date of shipment, or on other terms mutually agreed upon. All sales are final after 30 days from shipment date.

2. Shipping. All Products are shipped FOB Philadelphia, Pennsylvania to the Buyer's address. Orders are shipped Federal Express. Individual pieces of equipment that weigh in excess of 150 lbs. will be shipped freight collect by a carrier at our discretion. All Essenz Shipments are insured. All shipments should be inspected immediately. If there is damage to the shipment, have the carrier make make a written note of the damage. All damage claims must be filed by the consignee. Essenz Consulting will do everything possible to aid in this process, however, our responsibility ceases when the carrier signs the bill of lading acknowledging they have received the merchandise in good condition.

3. Warranty for Equipment. We warranty all equipment to be free from material defects in workmanship or materials for a period of 2 years from date of shipment. If at any time within 2 years after shipment the equipment does not function as warranted, return it and we will repair or replace it without charge. If, within 30 days after shipment, the equipment does not function as warranted, we will pay shipping charges to return the equipment to us for repair or replacement. After 30 days, you pay shipping costs to return the equipment to us. Equipment shipped back to you after warranty repair will be shipped via Fedex Overnight. If any product is subject to federal or state consumer warranty laws, our statement of limited warranty included with the product applies in place of these warranties. Misuse, accident, modification, unsuitable physical or operating environment, improper maintenance by you or failure caused by an item for which we are not responsible may void these warranties. This warranty replaces any other warranty, express or implied, including the implied warranties of merchantability and fitness for a particular purpose.

4. Support for Equipment. Essenz extends a lifetime support plan on all server equipment. This support plan only covers original equipment purchased directly from Essenz, and does not include equipment purchased from a reseller or third party. Our lifetime support plan covers any questions an end user may have that deals with the operational ability of the server and it's original operating system. Support is made available via telephone, facsimile, electronic mail, or world wide web. Onsite support is not included in our Lifetime Support Plan.

5. Restocking Charges. Orders cancelled during manufacturing but prior to shipment will be subject to a 5% restocking fee. Orders returned within 30 days of shipment are subject to a 10% restocking fee. Orders for custom products of any nature are noncancellable. After 30 days from shipment all sales are final.

6. Delivery dates. Essenz will use commercially reasonable efforts to meet any delivery date(s) requested in Buyer's order, provided however, that Essenz will not be liable under any circumstances for its failure to meet such delivery date(s). If Buyer terminates individual orders because of Essenz Consulting's failure to deliver, Buyer's sole remedy shall be entitlement to cancel the unshipped quantity of any individual order. No cancellation of any purchase order for default of Essenz shall be effective unless Essenz has failed to correct such alleged default within thirty (30) days after receipt by Essenz of a written notice by Buyer of such default.

7. Limitation of Liability. If we default, or because of other liability you are entitled to recover damages from us, then regardless of the basis on which you are entitled to claim damages we are only liable for the amount of any actual loss or damage up to the charges for the product or service that is the subject of the claim. This limit also applies to any subcontractor, reseller, programmer, or developer as the maximum for which we are collectively responsible. Under no circumstances are we liable for third-party claims against you for losses or damages; loss of or damage to your records or data; or consequential damages (including lost profits or savings) or incidental damages, even if we have been advised of the possibility of such damages.

8. Warranty for Free Software. Essenz systems may include software that is licensed free of charge. Because the software is licensed free of charge, there is no warranty for the software, to the extent permitted by applicable law. Except when otherwise stated in writing the copyright holders and/or other parties provide the software "as is" without warranty of any kind, either expressed or implied, including, but not limited to the implied warranties of merchantability and fitness of a particular purpose. The entire risk as the quality and performance of the software is with you. Should the software prove defective, you assume the cost of all necessary servicing, repair or correction. In no event unless required by applicable law or agreed to in writing will any copyright holder, or any other party who may modify and/or redistribute the software as permitted above, be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the software (including but not limited to loss of data or data being rendered inaccurate of losses sustained by you or third parties or a failure of the software to operate with any other softwares), even if such holder or other party has been advised of the possibility of such damages.

9. Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various states and of the United States. Customer agrees and represents that it is buying for its own internal use only, and not for resale. Essenz has separate terms and conditions governing sales to licensed resellers.