Brooktrout Technology Express Exchange Service

Terms and Conditions

In addition to Brooktrout’s Standard Terms and Conditions, the Express Exchange Service terms are as follows:

• Express Exchange Service shall be available only for those specific cards identified in a fully executed enrollment form, for which Brooktrout has received full payment of both the sale price of each covered card and the amount due for such Express Exchange Service.
   
• Claims under the Express Exchange Service shall be honored only for returns of cards that are, at the time such claim is made, covered by Brooktrout’s Limited Warranty, the terms of which are available at www.brooktrout.com/workingwithus, and all terms and conditions of such Limited Warranty shall apply.
   
  • The product must be identified by Brooktrout Tech Support, in its sole opinion, as defective: by 3pm EST (Eastern Standard Time – United States)
     
  • by 4pm central European time for customers in the European Union.
     
• Customer must report the problem during Brooktrout business hours on a day other than a Saturday, Sunday or local Brooktrout company holiday.
   
• Brooktrout will make best efforts to ship the replacement card for delivery the next day for customers in North America or the European Union. To accomplish this, Brooktrout will deliver a replacement card to the carrier on the same day as the report is made and specify delivery on the next business day. Delivery outside North America and European Union will be made on a best efforts basis.
   
• In the event Brooktrout’s third-party warehouse provider is closed for holiday or otherwise when a report is made, Brooktrout will deliver a replacement card to the carrier as soon as possible after the warehouse reopens.
   
• Brooktrout shall not be responsible for any delay occurring after delivery to the carrier, including without limitation any delay attributable to the carrier, international customs or force majeure.
   
• Replacement cards will provide equivalent or greater functionality and will be in new or refurbished to like-new condition.
   
• The remaining term of the Express Exchange contract and the Brooktrout standard warranty, if any, will be transferred to the serial number of the replacement card.
   
• Brooktrout will pay outbound freight charges to ship the replacement card to the customer.
   
• Customer shall be responsible for inbound freight charges to ship the defective card back to Brooktrout’s designated repair location, including, without limitation, applicable customs fees, duty, taxes, brokerage fees and document fees. A Brooktrout provided Return Material Authorization (RMA) number must be indicated with the return shipment. Designated repair locations are:

• If the defective card is not received by Brooktrout’s designated repair location within ten (10) business days of receipt by Customer of replacement card, Brooktrout may generate and deliver to Customer an invoice for the list price of such replacement card and Customer agrees to pay such invoice within thirty (30) days of the date of the invoice. Without limiting any other remedies available to Brooktrout, failure to return or pay for the card will result in cancellation of Express Exchange Service on all cards under contract.
   
• In the event that, after a replacement card is shipped to Customer, Brooktrout determines in its sole discretion that, for any reason including without limitation abuse or mishandling by Customer, the returned card is not covered under Brooktrout’s Limited Warranty, Brooktrout may generate and deliver to Customer and invoice for the list price of such replacement card and Customer agrees to pay such invoice within thirty (30) days of the date of the invoice. Failure to pay this invoice will result in cancellation of the Express Exchange Service on all cards under contract.
   
• Customer’s accounts payable balance due to Brooktrout must be current for the contract to be active.
   
• BROOKTROUT SHALL NOT BE RESPONSIBLE OR LIABLE TO CUSTOMER FOR ANY DAMAGES, HOWEVER CHARACTERIZED, WHICH EQUATE TO LOST PROFITS, LOST SAVINGS, LOSS OF USE, LOSS OF BUSINESS OPPORTUNITIES, OR ARE PUNITIVE, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL IN NATURE, OR WHICH OTHERWISE ARISE OUT OF THE USE OF, OR INABILITY TO USE, ANY EXPRESS EXCHANGE SERVICE(S), EVEN IF BROOKTROUT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. In the event Brooktrout fails to deliver the replacement card to the carrier as set forth in these Terms and Conditions, Customer may terminate the remaining Express Exchange Service and seek a refund of a prorated portion of the amount paid for Express Exchange Service for the card that is the subject of the specific claim, based upon the percentage of time remaining on the contract. This shall be Customer’s sole remedy.
   
• Express Exchange Service is non-cancelable and payments received are non-refundable, except as set forth herein. Express Exchange Service commences on the date Brooktrout invoices Customer for Express Exchange Service.
   
• Only cards sold through Brooktrout authorized partners will be eligible for Express Exchange Service.
   
• Express Exchange Service can only be purchased on properly working cards. Brooktrout may deny a Purchase Order or cancel service on an existing card for Express Exchange Service should Brooktrout determine misuse of the Service is occurring.
   
• The laws of The Commonwealth of Massachusetts shall govern the Customer’s participation in the Brooktrout Express Exchange Service.