Return Policy

Dedicated Networks guarantees our products; if an item hasn’t met your expectations, you can send it back. Unlike most businesses, we also guarantee the product selection advice offered by our staff; if an item you’ve purchased based on this advice turns out to be unsuitable, you can send it back. In either case, simply return the item for exchange, refund, repair, or credit. Please contact your sales representative within a 1-Year return time frame and we will get the return process started at 10GbE Fiber speeds.

If you have any questions about our guarantee, please, email us at [email protected], ask your designated Sales Representative, or call us at (763)233-7200.

Returns and Exchanges

Returns and exchanges must be shipped back with an issued RMA number from your Sales Representative. Please call our Sales Department, if you wish to return or cancel an order placed.

Please note that we are only able to provide a replacement if we currently have it in stock as we are a stocking reseller. If the piece is not in stock and you need a replacement, we will try our very best to find you one.

Term of Sale

Dedicated Networks, Inc. seeks to be the best in class reseller of networking equipment. These Terms and Conditions shall govern our relationship. We are a family owned business that relies upon people and our reputation. We strive to put our customers first and for 100% customer satisfaction. Thank you for your continued business and support.

Applicability: These Standard Terms and Conditions of Sale (these “Terms“) are the only terms which govern the sale of the goods (“Goods“) by Dedicated Networks, Inc. or any affiliated company .(respectively, a “Seller“) to any customer (“Buyer“), unless a written contract signed by both parties is in existence covering the sale of the Goods and is expressly incorporated by reference in these Terms. Any quotation, invoice, packing slip, order acknowledgement or the like issued by Seller (the “Sales Confirmation” and these Terms (collectively, this “Agreement“) comprise the entire agreement between the parties, and supersede any and all prior agreements. These Terms prevail over any of Buyer’s general terms and conditions of purchase regardless whether or when Buyer has submitted its purchase order or such terms. Fulfillment of Buyer’s order does not constitute acceptance of any of Buyer’s terms and conditions and does not serve to modify or amend these Terms.

Delivery: The goods will be delivered within a reasonable time after the receipt of Buyer’s purchase order. Seller shall not be liable for any delays, loss or damage in transit. Unless otherwise agreed in writing by the parties, Seller shall deliver the Goods FOB to Buyer’s dock (the “Delivery Point“) using Seller’s standard methods for packaging and shipping such Goods and, unless Seller has made other arrangements with Buyer, Buyer shall be responsible for all loading costs and provide equipment and labor reasonably suited for receipt of the Goods at the Delivery Point. Seller may, in its sole discretion, without liability or penalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer’s purchase order.

If for any reason Buyer fails to accept delivery of any of the Goods on the date fixed pursuant to Seller’s notice that the Goods have been delivered at the Delivery Point, or if Seller is unable to deliver the Goods at the Delivery Point on such date because Buyer has not provided appropriate instructions, documents, licenses or authorizations: (i) risk of loss to the Goods shall pass to Buyer; (ii) the Goods shall be deemed to have been delivered; and (iii) Seller, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all related resulting costs and expenses (including, without limitation, storage and insurance) incurred or suffered by Seller. The quantity of any installment of Goods as recorded by Seller on dispatch from Seller’s place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary.

Non-Delivery: The Seller shall not be liable for any claimed non-delivery of Goods (even if caused by Seller’s negligence) unless Buyer gives written notice to Seller of the non-delivery within twenty (20) days of the date when the Goods would in the ordinary course of events have been received. Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered.

Title and Risk of Loss: Title and risk of loss passes to Buyer upon delivery of the Goods at the Delivery Point.

Amendment and Modification: These Terms may only be amended or modified in a writing which specifically states that it amends these Terms and is signed by an authorized representative of each party.

Inspection and Rejection of Nonconforming Goods: Buyer shall inspect the Goods within ten (10) days of receipt (“Inspection Period“). Buyer will be deemed to have accepted the Goods unless it notifies Seller in writing of any Nonconforming Goods during the Inspection Period and furnishes such written evidence or other documentation as reasonably required by Seller. “Nonconforming Goods” means only the following: (i) product shipped is different than identified in Buyer’s purchase order. If Buyer timely notifies Seller of any Nonconforming Goods, Seller shall, in its sole discretion, (i) replace such Nonconforming Goods with conforming Goods, or (ii) credit or refund the Price for such Nonconforming Goods. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Buyer’s shipment of Nonconforming Goods, ship to Buyer at Seller’s expense, the replaced Goods to the Delivery Point. Buyer acknowledges and agrees that the remedies set forth in this Section are Buyer’s exclusive remedies for the delivery of Nonconforming Goods.

Price:Buyer shall purchase the Goods from Seller at the Price[s] set forth in Seller’s Sale Confirmation.  All Prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any Governmental Authority on any amounts payable by Buyer. Buyer shall be responsible for all such charges, costs and taxes; provided, that, Buyer shall not be responsible for any taxes imposed on, or with respect to, Seller’s income, revenues, gross receipts, personnel or real or personal property or other assets.

Payment Terms/Invoicing: Buyer shall pay all invoiced amounts due to Seller within the payment terms noted on Seller’s invoice, and shall remit to Seller’s “Remit To” address (or to Seller’s designated bank account) in U.S. dollars. Buyer shall pay a service charge on all late payments at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. Buyer shall reimburse Seller for all such service charges as well as for all costs and expenses incurred by Seller in collecting any late payments invoiced by Seller, including, without limitation, Seller’s reasonable attorneys’ fees (in jurisdictions where law mandates a stated rate of attorney’s fees, same shall be 30% of the outstanding balance, or less if fee actually charged is less). In addition to all other remedies available under these Terms or at law (which Seller does not waive by the exercise of any rights hereunder), Seller shall be entitled to suspend the delivery of any Goods if Buyer fails to pay any amounts when due hereunder. Buyer may not withhold payment of any amounts due and payable as invoiced by Seller by reason of any set-off of any claim or dispute with Seller.

Limited Warranty: Seller provides a limited warranty of merchantability of the Goods for one year from the date of sale. UNLESS OTHERWISE AGREED TO IN WRITING BY SELLER, SELLER MAKES NO OTHER WARRANTY WHATSOEVER WITH RESPECT TO THE GOODS, INCLUDING ANY (A) EXPRESS WARRANTY, (B) IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, INCLUDING IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. 

Limitation of Liability: IN NO EVENT SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY BUYER OR COULD HAVE BEEN REASONABLY FORESEEN BY BUYER, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.  IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE AFFECTED GOODS SOLD BY SELLER TO BUYER.

Buyer’s Acknowledgment and Assumption of Responsibility: Buyer acknowledges that the Goods may contain Personally Identifiable Information or Sensitive Personal Information, including without limitation, personal, confidential or non-public information and expressly accepts sole responsibility for wiping said data or information, without limitation, prior to Buyer’s use or resale of the Goods.  Buyer hereby agrees to defend, indemnify and hold Seller harmless from any and all related claims, suits, damages or losses, of whatever kind or nature, arising from or related to the release, disclosure, or misappropriation of information or electronic data from the Goods; in addition thereto Buyer agrees to pay all of Seller’s reasonable attorneys’ fees and costs related to Seller’s enforcement of these Terms and Conditions of Sale.

Compliance with Law: Buyer shall comply with all applicable laws, regulations and ordinances. Seller may terminate this Agreement if any governmental authority imposes antidumping or countervailing duties or any other penalties on Goods.

Termination: In addition to any remedies that may be provided under these Terms, Seller may terminate this Agreement with immediate effect upon written notice to Buyer, if Buyer: (i) fails to pay any amount when due under this Agreement; (ii) has not otherwise performed or complied with any of these Terms, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.

Waiver: No waiver by Seller of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Seller. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Force Majeure: The Seller shall not be liable or responsible to Buyer, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by an event or circumstance that is beyond the reasonable control of Seller, without Seller’s fault or negligence, and which by its nature could not have been foreseen by Seller  including but  not limited to, acts of God or the public enemy, government restrictions, floods, fire, earthquakes, war, terrorist acts, civil unrest, national emergency, labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or telecommunication breakdown or power outage.

Assignment: Buyer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Seller. Any purported assignment or delegation in violation of this Section is null and void. No permitted assignment or delegation shall relieve Buyer of any of its obligations hereunder.

Governing Law:

All matters arising out of or relating to this Agreement is governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule.

Submission to Jurisdiction:

Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Minnesota, and each party irrevocably submits to the jurisdiction of such courts in any such suit, action or proceeding.

Severability:

If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

TERMS AND CONDITIONS OF PURCHASE

Dedicated Networks, Inc. seeks to be the best in class reseller of networking equipment and our relationship with our vendors is critical to our business.  These Terms and Conditions shall govern our relationship. We are a family owned business that relies upon people and reputation. We always strive for mutually beneficial business relationships.  Thank you for your continued business and support.

ACCEPTANCE:

These Terms & Conditions (“Terms”) govern the attached offer in whatever form it may take (“Order”) by Dedicated Networks, Inc., or its affiliated business (the “BUYER”) for the purchase of the goods (the “Goods”) specified, from the party to whom the Order is addressed (the “SELLER”).  Any conduct by SELLER which recognizes the existence of a contract pertaining to the subject matter hereof shall constitute acceptance by SELLER of this Order, including all of its terms and conditions (“Terms”). This Order, together with any documents incorporated herein by reference, constitutes the sole and entire agreement of the parties with respect to the Order and supersedes any and all prior agreements. The Order expressly limits SELLER’s acceptance to the terms of the Order and expressly excludes any of SELLER’s terms and conditions of sale or any other document issued by SELLER in connection with this Order. This Order relates to the sale/purchase of Goods only.

PRICES AND TERMS OF PAYMENT:

The prices and terms stated on this Order and stated herein apply to all shipments made hereunder.  No charge of any kind not stated on this Order will be allowed unless specifically agreed to in advance by BUYER in writing, but damage to any good because of packing which fails to protect such goods will be charged to SELLER, unless otherwise agreed to by the parties.  All payments are made conditional upon inspection and acceptance by BUYER of the Goods and shall be subject to adjustment for failure of SELLER to meet the requirements of this Contract. BUYER, at its sole option, may reject all or any portion of the Goods if it determines the Goods are defective or nonconforming, and shall return the Goods at SELLER’s expense and subject to reasonable adjustment of payment.

TAXES:

Unless specified otherwise on the face of this Order, the prices are inclusive of, and SELLER shall be solely responsible for and pay, all federal, state, and local taxes, including, but not limited to, value added tax, goods and services tax, sales, use or consumption tax.  No sales or use tax shall be added when a valid tax exemption is indicated on the face of this Order by the BUYER.

PACKING, MARKING AND DELIVERY:

Delivery shall be made in accordance with the Terms of and to the location (“Delivery Location”) set forth in the Order.  SELLER shall route shipments in accordance with instructions issued by BUYER’s purchasing department and, in the absence of specific shipping and/or routing instructions, SELLER shall ship all goods by most economical means of transportation.  No charges shall be allowed for transportation, storage, boxing, crating or other packaging unless otherwise stated herein. Unless otherwise agreed to by the parties, SELLER shall be solely responsible for and pay, all costs of delivering the Goods to the Delivery Location, including, without limitation, all shipping and freight costs and all duties, fees, tariffs or similar analogous taxes on export of the Goods (“Customs Duties”).  Shipments in greater or lesser quantity than ordered may be returned at the SELLER’s expense, unless written authorization is issued by BUYER.  If SELLER’s deliveries fail to meet schedule, BUYER, without limiting its other rights or remedies, may either direct expedited routing and charge excess cost incurred thereby to SELLER, or cancel all or part of this order in accordance with the default provisions hereof.

TITLE AND RISK OF LOSS:

Unless otherwise specified in the Order, risk of loss of the Goods remains with SELLER and title will not pass to BUYER until the Goods are delivered to and accepted by BUYER at the Delivery Location.

SUBSTITUTIONS; EXTRAS:

No substitution of materials or accessories may be made without BUYER’s written consent.  No charges for extras will be allowed unless such extras have been ordered in writing by BUYER and the price agreed upon.

EXCUSABLE DELAY FOR NONPERFORMANCE:

BUYER may delay delivery and/or acceptance by causes or events beyond BUYER’s control.  SELLER shall hold such goods at the direction of BUYER and shall deliver them when BUYER notifies SELLER that the cause or event affecting the delay has been removed.  BUYER shall be responsible only for SELLER’s direct additional costs resulting from holding goods or delaying performance of the Contract at BUYER’s request.  In the event that causes or events beyond SELLER’s reasonable control and without its fault or negligence, including but not limited to labor disputes of any kind, prevent SELLER from performing its obligations hereunder, such obligations shall be suspended, subject to the conditions that time is (of?) the essence of this Contract.

WARRANTY:

SELLER expressly warrants that all goods provided hereunder will conform in all respects to this Order and be fit and sufficient for the purposes for which BUYER intends them.  SELLER also warrants that the goods provided for under this Order shall be free and clear of any lien or other adverse claim against title and will not infringe or misappropriate any third party’s intellectual property rights or otherwise violate any law, rule, regulation or ordinance applicable to the transportation, delivery or sale of the Goods covered by this Contract.  Seller represents and warranties that the Goods shall not contain any Personally Identifiable Information or Sensitive Personal Information, including without limitation, personal, confidential or non-public information, and expressly accepts sole responsibility for wiping said data or information from the Goods, without limitation, prior to delivery of the Goods to Buyer.  These warranties survive any delivery, inspection, acceptance or payment. These warranties are cumulative and in addition to any other warranty provided by law or equity and shall inure to the benefit of BUYER and its customers. Any applicable statute of limitations runs from the date of BUYER’s discovery of the noncompliance.

COMPLIANCE WITH APPLICABLE LAWS:

SELLER agrees that in the performance of this Purchase Order it will comply with all applicable federal, state, county and local laws, ordinances, regulations and codes. SELLER furthers warrants and represents that no goods subject to this Contract are forfeit, stolen or otherwise counterfeit and that it delivered to BUYER such goods free and clear of any liens or encumbrances and with sole right and title.

INDEMNIFICATION:

SELLER shall defend, indemnify, and hold harmless BUYER and BUYER’s parent company, its subsidiaries, affiliates, successors or assigns and its respective directors, officers, shareholders, and employees (collectively, “Indemnitees”) against any and all loss, injury, death, damage, liability, claim, action, judgment, interest, penalty, cost or expense, including reasonable attorney and professional fees and costs, and the cost of enforcing any right to indemnification hereunder (collectively, “Losses”) arising out of or occurring in connection with SELLER’s performance of its obligations or SELLER’s negligence, willful misconduct or breach of the Terms of this Order or possession of the Goods infringes or misappropriates the patent, copyright, trade secret or other intellectual property right of any third party. SELLER shall not enter into any settlement without BUYER’s or Indemnitee’s prior written consent.

FORCE MAJEURE:

Neither party shall be liable to the other for any delay or failure in performing its obligations under the Order to the extent that such delay or failure is caused by an event or circumstance that is beyond the reasonable control of that party, without such party’s fault or negligence, including but  not limited to, acts of God or the public enemy, government restrictions, floods, fire, earthquakes,  war,  terrorist acts,  civil unrest, national emergency,  labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers telecommunication breakdown or power outage.  If a Force Majeure Event prevents SELLER from performance for a continuous period of more than fifteen (15) business days, BUYER may terminate this Order immediately by giving written notice to SELLER.

LIMITATIONS OF BUYER’S LIABILITY:

IN NO EVENT SHALL BUYER BE LIABLE FOR ANTICIPATED PROFITS OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES: BUYER’S LIABILITY ON ANY CLAIM OF ANY KIND FOR ANY LOSS OR DAMAGE ARISING OUT OF, CONNECTED WITH OR RESULTING FROM THIS CONTRACT, OR FROM THE PERFORMANCE OF BREACH HEREOF, SHALL IN NO CASE EXCEED THE PRICE ALLOCABLE TO THE GOODS OR UNIT THEREOF WHICH GIVE RISE TO THE CLAIM.

WAIVER AND RELEASE OF LIENS:

Upon SELLER’s receipt of amounts properly invoiced, SELLER waives and releases all rights to, for itself and its subcontractors, and at its sole cost shall obtain prompt removal of any lien fixed against BUYER, for Goods sold under this Order.

TERMINATION:

In addition to any remedies provided herein, BUYER may terminate this Order with immediate effect, either before or after acceptance of Goods, if SELLER has breached any of the Terms herein. If the SELLER becomes insolvent, commences or has commenced by it or against it bankruptcy proceedings, receivership, reorganization or assignment for the benefit of creditors, then the BUYER may terminate this Order. If BUYER terminates the Order for any reason, SELLER’s sole and exclusive remedy is payment for the Goods received and accepted by BUYER prior to the termination.

CHOICE OF LAW:

This Contract shall be governed by the internal laws of the State of Minnesota without regard to principles of conflict of laws.

SUBMISSION TO JURISDICTION:

Any legal suit, action or proceeding arising out of or relating to this Agreement shall be instituted in the federal courts of the United States of America or the courts of the State of Minnesota, and each party irrevocably submits to the jurisdiction of such courts in any such suit, action or proceeding.

NOTICES:

All notices, consents, claims, demands, waivers and communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the face of this Order or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (all fees pre-paid), facsimile (with confirmation of transmission) or certified or registered mail (return receipt requested, postage prepaid). A Notice is effective only upon receipt of the receiving party, and if the party giving the Notice has complied with the requirements of this Section.

SEVERABILITY:

If any term or provision of this Order is found invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term of this Order or invalidate or render unenforceable such term in any other jurisdiction.

MISCELLANEOUS:

No modification, alteration or amendment of the Order shall be binding unless agreed to in writing and signed by BUYER.  No waiver by any party of any of the provisions of the Order shall be effective unless explicitly set forth in writing and signed by the party so waiving. No failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from the Order by BUYER shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or privilege hereunder preclude any other exercise of any additional right, remedy, or privilege.

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