These Standard Terms and Conditions of Sale (the “Terms”) are issued by Crestron Europe BV (BE 0699.717.121) (“Crestron Europe”) and apply to Crestron Europe’s sale of Crestron products (“Products”) to its authorized dealers with current dealer agreements or other parties authorized by Crestron Europe under current reseller agreements (collectively “Authorized Resellers”) . Possession of Crestron’s price list does not constitute the right to purchase Crestron products.
2. Dealer / Reseller Agreement
In case of any inconsistency between a Dealer Agreement or other Authorized Reseller agreement and these Terms, the terms and conditions in place at the time of an order shall prevail, except if otherwise agreed to in writing by Crestron Europe.
3. Order Acceptance and Terms of Sale
3.1 All orders for Products are subject to acceptance and acknowledgment by Crestron Europe. No order shall be binding upon Crestron Europe until so accepted.
3.2 All orders for Products are subject to these Terms. Crestron Europe reserves the right to amend the Terms from time to time. However, this right does not extend to orders placed and accepted by Crestron Europe.
3.3 All Crestron Europe price lists are subject to change by Crestron Europe without notice, prior to its acceptance of an order. Prices cover Products only, and do not include any customized programming or other customization.
3.4 Crestron Europe shall not be affected by or responsible for any credit extended by the Authorized Reseller to its own customers.
3.5 Crestron Europe shall have the right to cancel any order placed by Authorized Reseller, or to delay shipment thereof, if Authorized Reseller fails, or has failed, to meet any of its payment obligations hereunder. Non-acceptance, cancellation, or delay of such orders shall not be construed as a termination or breach of the Dealer Agreement or other Reseller Agreement by Crestron Europe.
3.6 Authorized Reseller shall be responsible to Crestron Europe for payment for each shipment even if such shipment represents only a portion of the Products purchased under Authorized Reseller’s purchase order.
3.7 Crestron Europe reserves the right, in its sole and absolute discretion, to charge a 15% fee, plus shipping costs, on orders placed and then canceled by the Authorized Reseller before or after delivery or shipment.
3.8 Sales tax, or any other tax, is not included in prices published in any Crestron Europe price list. The omission of tax should not be construed as basis for exemption. If used in a taxable manner, Authorized Reseller bears the responsibility of remitting applicable taxes directly to the appropriate tax authorities.
4. Merchandise Returns / Repair Service
4.1 No Products may be returned for credit, exchange, or service without prior written authorization from Crestron Europe. Authorized Reseller must contact Crestron Europe and request a Return Materials Authorization (“RMA”) number. Authorized returns must be shipped freight prepaid to Crestron Europe, at its designated address, with RMA number clearly marked on the outside of all cartons. Shipments arriving freight collect or without an RMA number shall be subject to refusal. Authorized Reseller shall, in addition, provide information specifying the nature of the problem, name and phone number of the contact person, RMA number, and return address.
4.2 Crestron Europe reserves the right in its sole and absolute discretion to charge a 15% restocking fee, plus shipping costs, on any returned Products.
5. Return For Credit
5.1 Crestron Europe has the right to decline any credit return requests.
5.2 Products returned for credit less than 30 calendar days from date of delivery or shipment are not subject to a restocking fee provided the Product is in original packaging, contains all accessories, and references an RMA number.
5.3 Products returned for credit 31 to 60 calendar days from date of delivery or shipment require a replacement purchase order of equal or greater value to avoid a restocking fee. Products must also be returned in the original packaging, contain all accessories, and references an RMA number.
5.4 Products returned for credit 61 to 90 calendar days from date of delivery or shipment require a replacement purchase order of equal or greater value and are subject to a 15% restocking fee. Products must also be returned in the original packaging, contain all accessories, and reference an RMA number.
5.5 Products may not be returned for credit 90 or more calendar days from the original date of delivery or shipment.
5.6 Authorized Reseller shall pay return freight charges associated with the return of any Products for credit.
6. Advance Replacements
6.1 “Advance Replacement” means a direct replacement Product that is shipped prior to Crestron Europe receiving the original Product which is claimed to exhibit defects in material or workmanship, under normal use, in conformity with and falling under Crestron Europe’s warranties, located at www.crestron.com/crestroneuropeterms. Advance Replacements may be shipped by Crestron, subject to the above RMA procedures during the term of the applicable Crestron warranty. The claimed defects are subject to validation by Crestron technical support personnel.
6.2 Crestron Europe must receive returns of the original Product, for which an Advance Replacement has been issued.
6.3 Original Products returned in exchange for an Advance Replacement less than 60 calendar days after the date of the applicable RMA are not subject to a restocking fee.
6.4 In the event that the original Product is not returned within 60 calendar days after the date of the applicable RMA, the Authorized Reseller will be charged the cost of a replacement Product.
6.5 Original Products returned in exchange for an Advance Replacement 61 to 90 calendar days after the date of the applicable RMA are subject to a 15% restocking fee.
6.6 In the event that the original returned Product is found to have damages that are not covered by a Crestron Europe warranty, Authorized Reseller will be subject to a repair fee not to exceed the cost of a replacement Product.
6.7 The cost of shipping the Advance Replacement by standard ground carrier will be paid by Crestron, however in the event the original Product is not returned or the original returned Product is found to have damages that are not covered by a Crestron Europe warranty, Crestron Europe reserves the right to charge Authorized Reseller for the shipping costs.
Crestron Europe warrants its products to be free from manufacturing defects in materials and workmanship under normal use and service, as set forth in its warranties, located at: www.crestron.com/crestroneuropeterms.
8. Export / Import and Regulatory Compliance
8.1 Crestron Europe is subject to U.S. sanctions laws and regulations administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC), as well as the applicable laws and regulations of the E.U. and UK. As such, Authorized Reseller shall not, directly or indirectly, distribute Products or provide any related services:
(a) to or through any location embargoed under U.S., E.U., or U.K. economic sanctions, including without limitation Iran, North Korea, Cuba, the Donetsk People’s Republic (DNR), Luhansk People’s Republic (LNR), or Crimea regions of Ukraine, or Syria (“Sanctioned Location”); or
(b) to any individual or entity on any are listed on any restricted parties list issued by any U.S., E.U., U.K. or other applicable governmental entity or international organization (“Restricted Parties List”); or
(c) in violation of any applicable U.S., E.U, U.K or other applicable domestic or international import/export, asset control or trade restriction, as the same may be amended from time to time.
8.2 Authorized Reseller represents that neither it, nor one or more entities owning a total of 50% or more of Authorized Reseller (a) are located in a Sanctioned Location, or (b) are listed on any Restricted Parties List.
9. Governing Law; Choice of Jurisdiction
These standard terms & conditions of sale shall be governed by, and construed in accordance with, the laws of Belgium. All disputes arising with regard to these terms and conditions shall be resolved exclusively by the courts of Brussels (Belgium).
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