Terms and Conditions of Mobile Sales

Use Restrictions

The following terms and conditions govern the sale of products by Fujitsu Computer Systems Corporation to the Customer on orders for computer notebooks and related products sold in the United States. By accepting delivery of the products described on the shipping documents, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY UNLESS CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH FUJITSU COMPUTER SYSTEMS. Fujitsu Computer Systems reserves the right to change these terms and conditions without prior written notice at any time, at Fujitsu Computer Systems' sole discretion.

1. Other Documents

These terms and conditions may not be supplemented, modified or altered by the use of any other documents(s). Any attempt to alter, supplement, modify or amend these terms and conditions will be null and void unless agreed to in writing by Fujitsu Computer Systems.

2. Payment Terms; Orders; Quotations

Terms of payment shall be determined at Fujitsu Computer Systems sole discretion and payment must be received by Fujitsu Computer Systems prior to Fujitsu Computer Systems acceptance of Customer's order. Payment shall be made by credit card unless some other pre-arranged method of payment has been accepted by Fujitsu Computer Systems. All orders are not binding on Fujitsu Computer Systems unless accepted by Fujitsu Computer Systems. Any quotation provided by Fujitsu Computer Systems will be valid for the duration stated in the quotation. If no duration is stated, such quotation is valid for two days from date of quotation.

3. Prices; Shipping and Handling Charges; Taxes

All prices do not include charges for shipping and handling or for sales/use taxes. Separate charges will be shown on the order acknowledgment for each applicable order. Customer agrees and represents that it is buying for its own internal use and not for resale. Taxes will be charged for orders shipped to States in which Fujitsu Computer Systems is obligated to collect and report such sales.

4. Title

Title and risk of loss shall pass to the Customer upon shipment from Fujitsu Computer Systems facility. Title to all software will remain with the applicable licensor(s).

5. Limited Warranty

A limited warranty statement is included with the documentation for the product shipped to Customer. Fujitsu Computer Systems reserves the right to modify its warranty statement at any time, in its sole discretion. EXCEPT AS PROVIDED IN THE LIMITED WARRANTY STATEMENT, FUJITSU COMPUTER SYSTEMS CORPORATION MAKES NO OTHER WARRANTIES AND THE WARRANTY STATEMENT IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FUJITSU COMPUTER SYSTEMS LIABILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THE APPLICABLE WARRANTY STATEMENT.

6. Software License and Warranty

Title to any software installed on, in/or shipped with the products shall remain with the applicable licensor(s). All software is subject to the applicable license agreement which is included with the product(s). Customer shall be bound by the license agreement once the software is opened, the package is opened or its seal is broken. Warranty for any software shall be in accordance with the license agreement. Fujitsu Computer Systems does not warrant any software under this Agreement.

7. Product Availability

Product availability may be limited. Products may not be available for immediate delivery.

8. Limitation of Liability

FUJITSU COMPUTER SYSTEMS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCT AVAILABILITY OR FOR LOSS OR CORRUPTED DATA. FOR ANY BREACH OF THESE TERMS AND CONDITIONS, FUJITSU COMPUTER SYSTEMS' SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER. IN NO EVENT SHALL FUJITSU COMPUTER SYSTEMS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY A THIRD PARTY.

9. Governing Law and Jurisdiction

The sale and use of products shall be governed by the laws of the State of California excluding the conflict or choice of law provisions. Venue and jurisdiction for all disputes will lie in Santa Clara County, California.

10. Export Control

Customer acknowledges that products and technical data purchased or received under these terms and conditions are subject to United States export control laws and regulations. Customer will not ship any products outside the United States without proper authorization. Customer will defend and hold Fujitsu Computer Systems harmless against all claims, damages or liability resulting from breach of the foregoing.

11. Headings

The section headings used herein are for convenience of reference only and shall not form part of these terms and conditions, and no construction or inference shall be derived therefrom.

12. Return Policies

PRE-CONFIGURED PRODUCTS -

All Customer returns for credit require a Return Material Authorization (RMA) number. An RMA must be requested within fifteen (15) days of product shipment and all product must be returned to Fujitsu Computer Systems within ten (10) days of receipt of the RMA number. Return shipping charges are non-refundable. Returns made without a RMA number will be refused. Upon receipt of the returned product(s), Fujitsu Computer Systems will inspect the product to be certain all parts are included and no abuse, misuse or user negligence was responsible for damages which caused the return. Customer agrees to allow Fujitsu Computer Systems to deduct from any credit applicable for such returned product, any costs associated with missing parts or related to any abuse, misuse of the product or user negligence of such product.

CUSTOM CONFIGURED PRODUCTS -

Custom Configured products may not be returned for credit. All sales are final.

REFURBISHED PRODUCTS -

Refurbished products may not be returned for credit. All sales are final.

WARRANTY PROGRAMS - First Cabin® Warranty programs may be returned for credit within 15 days of shipment date, if the LifeBook for which it was purchased is returned within 15 days of shipment date.

13. Service and Support

For end-user Customers, Fujitsu Computer Systems support people will first attempt to handle over the telephone any problem involving Fujitsu Computer Systems products. Fujitsu Computer Systems support people may not be able to understand or resolve every given problem. The warranties and service offerings may vary from product to product.

14. No Assignment

Customer may not assign its rights or obligations under this Agreement without the express written consent of Fujitsu Computer Systems.

15. Invalidity of Provisions

If any provision or provisions of this Agreement are 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.