Terms and Conditions

Conditions of Use

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.


This Agreement contains the terms and conditions that apply to the Customer's purchase of hardware, software and/or other products (Item or Items) from PBX Authority Solutions, Inc. By accepting delivery and/or installation of the Item(s) described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH PBX Authority, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (ii) UNLESS OTHER PBX Authority SOLUTIONS STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change without prior written notice at any time, in PBX Authority Solutions' sole discretion.



1) Other Documents

These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to place an order for Item(s) which is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and PBX Authority Solutions.


2) Payment Terms

Terms of payment are within PBX Authority Solutions' sole discretion, and unless otherwise agreed to by PBX Authority Solutions, payment must be received prior to PBX Authority Solutions' acceptance of an order. Payment for the Item(s) will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by PBX Authority Solutions. Invoices are due and payable within the time period noted by PBX Authority Solutions, measured from the date of the invoice. PBX Authority Solutions may invoice parts of an order separately. Orders are not binding upon PBX Authority Solutions until accepted by PBX Authority Solutions. Any quotations given by PBX Authority Solutions will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.


3) Order Cancellation

Order cancellation must be emailed to cancel@pbxauthority.com within 24 hours of the placement of the order. Cancellations placed after 24 hours will result in a 15% restocking fee.


4) Shipping Charges & Taxes

Prices do not include charges for shipping and handling, and applicable taxes and separate charges for the aforementioned will be shown on the invoice. PBX Authority Solutions is obligated to withhold sales tax for delivery within the Commonwealth of Pennsylvania, with additional taxes for deliveries within the City of Philadelphia. Unless Customer provides PBX Authority Solutions with a valid tax exemption certificate applicable to the hardware/software ship-to location prior to PBX Authority Solutions' rder confirmation, Customer is responsible for sales and all other taxes associated with the order.

All orders shipped outside the United States are subject to the following (if applicable to the location and Item(s) shipped): customs fees, brokerage fees, insurance, duty, tariff, and any other fees that are applicable and charged by their country. The Customer is responsible for these fees even if they refuse or return the Item(s).


5) Title & Risk of Loss

Title to products passes from PBX Authority Solutions to Customer on shipment from PBX Authority Solutions facility. Loss or damage that occurs during shipping by a carrier selected by PBX Authority Solutions is PBX Authority Solutions' responsibility. If a damaged Item is received, please contact PBX Authority Solutions within 15 days of receipt of your order by e-mailing returns@pbxauthority.com or calling 215-825-8700. You must retain the original packing materials. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).


6) Return Policies

PBX Authority Solutions Item(s) purchased directly from PBX Authority Solutions by an end-user Customer may be returned by Customer within 30 days of the date on the invoice. Hardware must be received IN ORIGINAL PACKAGING, and a 15% restocking fee will apply. Customer will be responsible for paying shipping and necessary insurance fees when returning to PBX Authority Solutions. In the case of software that has been installed by an PBX Authority Solutions engineer, a request for uninstallation must be emailed to returns@pbxauthority.com within 30 days of the date of invoice, and a 30% service fee will apply.


7) Warranties
PBX Authority Solutions hardware comes with a 90-day limited warranty. Warranties do not cover physical damage. The limited warranties applicable to Items purchased from PBX Authority Solutions are included in the documentation along with the Item. PBX Authority Solutions makes no express warranties except those stated in this section and in PBX Authority Solutions' applicable warranty statement in effect on the date of the invoice. Any such warranties will be effective, and PBX Authority Solutions will be obligated to honor any such warranties, only upon PBX Authority Solutions' receipt of payment in full for the item to be warranted. PBX Authority Solutions disclaims all other warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. PBX Authority Solutions' responsibility for warranty claims is limited to repair and replacement as set forth in PBX Authority Solutions' applicable warranty statement in effect on the date of the invoice. PBX Authority Solutions reserves the right to modify its warranty at any time, at its sole discretion.

All software is provided subject to the license agreement that is part of the package. Customer agrees that it will be bound by the license agreement once the software is installed. PBX Authority Solutions does not warrant any software under this Agreement. Warranties, if any, for the software are contained in the end-user license agreement that governs its purchase and use.


8) License to Software

If the Item being ordered is software/applications or digital content, PBX Authority Solutions grants the Customer a license for such Item on a non-transferable, non-exclusive basis to use the object code version of such Software/Applications or Digital Content. For details, refer to the end-user license agreement that governs its purchase and use.


9) Software Technical Support

All Software purchases include 30 days of free technical support starting at the time of purchase. Support is available Monday - Friday from 8:30 a.m. through 6:30 p.m. via phone at +1.215.825.8700 option 2 or via email at support@pbxauthority.com. Annual support agreements are recommended for software. Support agreement options can be found at http://www.PBX Authority.com/support.


10) Limitation of Liability

PBX Authority Solutions does not accept liability beyond the remedies set forth herein, including any liability for Item(s) not being available for use or for lost or corrupted data or software. PBX Authority Solutions will not be liable for lost profits, loss of business or other 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.


11) 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 therefrom.


12) Compliance by End User

PBX Authority SOLUTIONS, INC. IS NOT RESPONSIBLE FOR THE METHOD OF USE OF THE HYLAFAX SOFTWARE BY THE END-USER (CUSTOMER) AND PBX Authority SOLUTIONS, INC. IS NOT RESPONSIBLE FOR THE CONTENT OF ANY FACSIMILE TRANSMISSION(S) PRODUCED BY THE END-USER (CUSTOMER) UTILIZING THE HYLAFAX SOFTWARE.

It is expressly acknowledged that the end-user (Customer) of the HylaFAX software is solely responsible for compliance with any international, federal, state or local law, statute, regulation, ordinance or rule (Regulations) governing or concerning the transmission of facsimiles, electronic transmissions, telephone calls or voice messages. End-user (Customer) shall indemnify PBX Authority Solutions, Inc. for any costs, claims, and damages that PBX Authority Solutions, Inc. incurs as a result of the failure of end-users (Customer) to comply with any Regulations described in this paragraph.


13) Force Majeure

PBX Authority Solutions shall not be liable for loss or damage caused by any delay or failure to perform its obligations under these Terms & Conditions of Sale caused by failure of any machine, system of authorization, data processing or communications system, transmission link, strikes, lockouts, riots, war, fire, acts of God, accidents, material or transportation shortages, governmental restrictions or injunctions, or denial of import or export licenses, or compliance with any law, regulation or order, or due to any other circumstances or causes that have the effect of frustrating performance of these Terms & Conditions of Sale, or any other cause beyond the control of PBX Authority Solutions.


14) Invalidity of Provisions

If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.


15) Waiver

PBX Authority Solutions' failure to insist on performance of any term or condition contained in this Agreement, or failure to exercise any of PBX Authority Solutions' rights hereunder, shall not constitute a waiver of any of PBX Authority Solutions' rights or remedies under this Agreement.


16) Governing Law

The Agreement shall be exclusively governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A.