Network Craze Technologies, Inc. Terms and Conditions of Sale
These Terms and Conditions of Sale (“Terms”) govern every quotation, order, sale, license, shipment, return, and service transaction between Network Craze Technologies, Inc., 7037 Fly Road, East Syracuse, New York 13057 (“Network Craze,” “Seller,” “we,” “us,” or “our”), and the customer identified in the applicable quotation, order acknowledgment, statement of work, or invoice (“Buyer” or “you”). Our published contact information includes telephone 800-505-2078 and email contact@networkcraze.com.
1. Acceptance and Contract Formation
Seller’s quotations are invitations to order and may be withdrawn or corrected at any time. An order becomes binding only when Seller issues written acceptance, or ships. Acceptance is subject to credit approval, product availability, export-compliance review, and any other conditions stated in Seller’s quotation.
Seller’s acceptance is expressly conditioned on Buyer’s assent to these Terms. Seller rejects additional or different terms in Buyer’s purchase order, portal, acknowledgment, or other document unless an authorized Seller representative expressly agrees to them in a signed document. Electronic communications and signatures may be used to form and administer the contract.
2. Order of Precedence
In the event of a conflict, the following order of precedence applies: (a) a separately signed master agreement; (b) a signed change order; (c) a signed statement of work; (d) Seller’s quotation or order acknowledgment; and (e) these Terms. Product-specific manufacturer terms, license terms, subscription terms, and warranty terms apply to the relevant product or service and may impose additional restrictions.
3. Products, Condition, and Substitutions
Seller supplies new, refurbished, recertified, used, end-of-life, and third-party products, as identified in the quotation or order acknowledgment. Buyer is responsible for confirming that specifications, compatibility, licensing, support status, regulatory requirements, and product conditions meet Buyer’s intended use before ordering.
Unless the order expressly prohibits substitution, Seller may supply a functionally equivalent, superseding, or later-revision part when the ordered part is unavailable, provided that Seller identifies the substitution before shipment or gives Buyer a reasonable opportunity to object. Product images and descriptions are illustrative; minor cosmetic differences do not constitute defects where functionality and ordered condition are satisfied.
4. Pricing, Taxes, and Fees
Prices are stated in U.S. dollars and are subject to change based on product availability. Seller may correct typographical, clerical, or pricing errors before shipment. Unless expressly included, prices exclude freight, insurance, duties, tariffs, customs charges, brokerage or forwarding fees, sales, use, value-added, excise, and similar taxes or governmental charges.
Buyer must pay applicable taxes unless Seller timely receives a valid exemption certificate. If Seller is not required to collect a tax, Buyer remains responsible for reporting and remitting it. Buyer shall reimburse Seller for taxes, penalties, or interest assessed because information or documentation supplied by Buyer was inaccurate or incomplete.
5. Payment and Credit
Unless otherwise stated in writing, payment is due prior to shipping unless net 30 day terms are approved.Buyer must pay invoices without setoff, deduction, or withholding except as required by law. Buyer shall notify Seller in writing of a good-faith invoice dispute within 5 business days after receipt and timely pay all undisputed amounts. Credit card payments are subject to processing fees.
Past-due amounts may accrue interest at 1.5% per month or the maximum lawful rate, whichever is lower. Buyer shall reimburse reasonable collection costs, including attorneys’ fees, where permitted by law. Seller may suspend performance, withhold shipment or support, change credit terms, or cancel unshipped orders if Buyer fails to pay when due or Seller reasonably determines that Buyer’s creditworthiness has materially deteriorated.
6. Shipping, Delivery, Title, and Risk of Loss
Delivery dates are estimates, not guarantees. Unless Seller’s quotation states otherwise, shipments are made to FOB Seller’s shipping point, freight prepaid and added to the invoice. Title and risk of loss pass to Buyer when Seller delivers the products to the carrier. Sellers may make partial shipments and invoice them separately.
The buyer must provide accurate delivery instructions and promptly inspect each shipment. Visible shipping damage should be noted with the carrier at delivery. Claims for shortages, wrong items, or apparent damage must be submitted to Seller in writing within five business days after delivery, with supporting photographs and packaging information where reasonably requested.
7. Cancellations and Order Changes
Buyer may request cancellation or modification before shipment, but no cancellation or change is effective unless Seller accepts it in writing. Buyer is responsible for reasonable costs and nonrecoverable commitments incurred before Seller accepts the request. Custom-configured, special-order, software, license, subscription, and manufacturer-designated noncancelable or non-returnable items are final sale.
Seller may cancel all or part of an order if products become unavailable, a manufacturer or supplier cancels its commitment, an export or sanctions concern arises, Buyer fails to provide requested information, or continued performance would violate law. Seller’s liability for such cancellation is limited to refunding amounts paid for the canceled portion.
8. Returns and RMA Procedure
You may return pre-owned and refurbished equipment from original end user customer within thirty (30) days of the date on which you received the equipment subject to a restocking fee equal to 20% of the purchase price of the equipment, for credit on account for use toward future purchases only.
You must return the equipment in the same condition it was in when initially delivered, along with all delivered components, including packing materials, cables, manuals, and accessories.  Buyer bears return freight and risk in transit.
Returns of new OEM branded equipment are subject to the OEM return policy, which generally do not accept returns.
Please note, the following products are not returnable unless specified otherwise: New open products, Software, maintenance contracts, support contracts, warranty contracts and other custom and special order items may not be returned.
No product may be returned without Seller’s prior written return merchandise authorization (“RMA”). Buyer must obtain an RMA from Seller support, follow the packing and shipping instructions supplied with the authorization, and return the product within the authorized period. Unauthorized, late, incomplete, physically damaged, altered, or improperly packaged returns may be refused or subject to reasonable restocking, repair, testing, and freight charges.
9. Network Craze Limited Warranty
Most new and refurbished products identified by Seller as warranty-eligible are covered by Network Craze’s published lifetime warranty, which extends for five years after the manufacturer discontinues the product or five years from purchase, whichever is longer.. Warranty eligibility and duration must be confirmed on the applicable quotation, product page, invoice, or written warranty statement because exclusions or manufacturer-only coverage may apply.
For a valid warranty claim, Buyer must promptly notify Seller, provide the product and serial-number information requested, describe the failure, and comply with diagnostic and RMA instructions. Seller may at its discretion provide an advanced replacement that is new or refurbished and functionally equivalent. The buyer must return the allegedly defective product within the period and using the label specified by Seller. If Buyer does not timely return it, or if inspection shows the claim is excluded, Seller may invoice Buyer for the replacement, freight, testing, and related costs.
The warranty does not cover misuse, abuse, accident, neglect, improper installation, unauthorized repair or modification, removal or alteration of labels or serial numbers, inadequate power or environmental conditions, normal wear, cosmetic damage that does not affect operation, consumables, data loss, malware, external causes, or use inconsistent with documentation. Seller does not warrant uninterrupted or error-free operation or compatibility with systems not identified in writing before sale.
Third-party manufacturer warranties, software warranties, subscriptions, and support programs are provided solely under the applicable third party’s terms unless Seller expressly provides a separate written warranty. Seller may assist with a claim but does not control the third party’s decision or performance.
10. Warranty Disclaimer
EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN SECTION 9 OR ANOTHER WARRANTY EXPRESSLY STATED IN SELLER’S WRITING, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Some jurisdictions do not allow certain warranty exclusions. In those jurisdictions, the exclusions apply only to the extent permitted by law, and legally required warranties are limited to the shortest permitted duration.
11. Services
Professional, configuration, installation, maintenance, technical, or support services will be described in a quotation or statement of work (“SOW”). Buyer shall provide timely access to facilities, systems, credentials, information, personnel, decisions, and legally required consents. Seller may rely on information supplied by the Buyer. Delays or rework caused by Buyer may result in schedule and fee adjustments.
Unless an SOW states otherwise, services are performed using commercially reasonable skill and care. Buyer must notify Seller of a material nonconformity within 5 business days after the relevant deliverable or service is provided. Seller’s sole obligation for a valid service warranty claim is to reperform the affected service or, if reperformance is not commercially reasonable, credit the fees paid for that service.
Manufacturer or OEM services are furnished under the provider’s terms. The provider, not Seller, is responsible for delivery, service levels, and remedies under those terms. Recurring services renew only if the applicable order or SOW expressly states the renewal term and cancellation procedure.
12. Customer Systems, Data, and Security
Buyer is responsible for maintaining current backups and appropriate security controls before Seller accesses Buyer’s systems or equipment. Buyer shall remove or securely back up confidential, personal, regulated, or mission-critical data from returned equipment unless retention is necessary for an agreed service. Seller is not responsible for data loss or restoration
Each party will implement reasonable administrative, technical, and physical safeguards appropriate to information it handles. Seller’s access to protected health information, payment-card data, controlled unclassified information, or other specially regulated data requires a separately signed agreement addressing the applicable obligations. An order alone does not create a business associate, data processor, or similar regulated relationship.
13. Confidentiality
“Confidential Information” means nonpublic information disclosed by one party that is marked confidential or that a reasonable person would understand to be confidential, including pricing, technical information, security information, business plans, and customer or supplier information. The receiving party shall use confidential information only to perform or receive under the transaction and protect it with at least reasonable care.
Confidential Information does not include information that the receiving party can document: (a) is publicly available without breach; (b) was lawfully known without restriction before disclosure; (c) is received lawfully from a third party without duty of confidentiality; or (d) is independently developed without use of the disclosing party’s Confidential Information. Legally compelled disclosure is permitted after reasonable notice, where lawful, and reasonable cooperation to seek protection.
These confidentiality obligations continue for three years after disclosure, except that trade secrets remain protected for so long as they qualify as trade secrets under applicable law.
14. Intellectual Property and Software
Each party retains ownership of its preexisting intellectual property. No sale transfers ownership of trademarks, patents, copyrights, trade secrets, firmware, or software except as expressly stated in applicable license terms. Buyer receives only the rights expressly granted by Seller or the applicable licensor.
Third-party software, firmware, cloud services, and licenses are governed by the publisher’s terms. Buyer shall not remove proprietary notices, circumvent license controls, or use products or software in violation of those terms. Network Craze is an independent reseller; manufacturer and product names and trademarks belong to their respective owners, and their use does not imply endorsement.
15. Export Controls, Sanctions, and Anti-Corruption
Buyer shall comply with applicable U.S. and foreign export-control, import, customs, sanctions, antiboycott, and anti-corruption laws. Buyer shall not export, re-export, transfer, release, or use products, software, technology, or services in violation of law, including to prohibited destinations, parties, or end uses. Buyer shall provide accurate end-user, destination, and end-use information upon request.
Buyer represents that neither it nor, to its knowledge, the intended end user is a restricted party and that products will not be used in connection with prohibited weapons, unlawful surveillance, or other prohibited end uses. Seller may screen transactions, delay or refuse performance, request certifications, or cancel an order where compliance concerns exist, without liability beyond refunding prepaid amounts for the canceled portion
16. U.S. Government Purchases
Unless Seller expressly agrees otherwise in writing, products and services are offered as commercial products, commercial services, or commercially available off-the-shelf items. Only mandatory federal contract clauses applicable by operation of law and specifically identified to Seller before order acceptance will apply. Buyer shall not flow down audit rights, cost-accounting requirements, cybersecurity obligations, domestic-preference certifications, or other government terms without Seller’s express written acceptance.
17. Indemnification
Buyer shall defend, indemnify, and hold harmless Seller and its affiliates, officers, employees, and agents from third-party claims, damages, penalties, costs, and reasonable attorneys’ fees arising from Buyer’s: (a) unlawful resale, export, use, or modification of products; (b) combination of products with items not supplied or approved by Seller; (c) infringement caused by Buyer-provided designs, specifications, content, or instructions; (d) breach of Sections 12, 14, or 15; or (e) gross negligence or willful misconduct.
The indemnified party must give prompt notice, reasonable cooperation, and control of the defense to the indemnifying party, subject to the indemnified party’s right to participate with its own counsel. No settlement may admit fault by, impose nonmonetary obligations on, or fail to release the indemnified party without its written consent.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, USE, PRODUCTION, DATA, OR REPLACEMENT-COST DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY.
EXCEPT FOR BUYER’S PAYMENT OBLIGATIONS, A PARTY’S INDEMNIFICATION OBLIGATIONS, BREACH OF CONFIDENTIALITY, VIOLATION OF THE OTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS, OR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, EACH PARTY’S AGGREGATE LIABILITY ARISING FROM AN ORDER WILL NOT EXCEED THE AMOUNT PAID OR PAYABLE TO SELLER UNDER THAT ORDER DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
The exclusions and cap apply collectively to Seller, its affiliates, suppliers, subcontractors, and personnel and are fundamental to the pricing. They apply only to the extent permitted by law.
19. Force Majeure
Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disaster, severe weather, fire, epidemic, pandemic, labor disruption, transportation or utility interruption, cyberattack by a third party despite reasonable safeguards, war, terrorism, civil unrest, embargo, governmental action, supplier failure, or material shortage. The affected party shall use commercially reasonable efforts to mitigate and resume performance. Buyer’s obligation to pay for products shipped or services performed is not excused.
20. Suspension and Termination
Either party may terminate an affected order for material breach if the other party fails to cure within 20 days after detailed written notice, except that a payment breach may be cured within 10 days. Seller may immediately suspend performance or terminate an order if Buyer becomes insolvent, makes an assignment for creditors, becomes subject to a bankruptcy or receivership proceeding not dismissed within 60 days, or creates a material legal or security risk.
Upon termination, Buyer shall pay for products shipped, services performed, noncancelable commitments, and reasonable wind-down costs through the effective termination date. Provisions that by their nature should survive—including payment, confidentiality, intellectual property, disclaimers, indemnification, liability limitations, and dispute provisions—will survive.
21. Notices
Formal legal notices must be in writing and delivered by personal delivery, nationally recognized overnight courier, or certified U.S. mail, return receipt requested, to the addresses stated in the applicable order. Notices to Seller must be addressed to: Network Craze Technologies, Inc., Attention: Legal, 7037 Fly Road, East Syracuse, NY 13057, with a courtesy copy to contact@networkcraze.com. Notice is effective upon documented delivery. Routine operational communications may be sent electronically to the contacts designated for the order.
22. Governing Law, Venue, and Dispute Escalation
These Terms and each order are governed by the laws of the State of New York, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Before filing suit, a party shall provide written notice describing the dispute. Business representatives with settlement authority shall meet or confer in good faith within 15 business days after notice. If the dispute is not resolved within 30 days after that conference, either party may pursue available remedies.
Any action arising from these Terms or an order must be brought exclusively in the state courts located in Onondaga County, New York, or the federal courts serving that county, and each party consents to their jurisdiction and venue. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES TRIAL BY JURY. Either party may seek temporary or injunctive relief for misuse of confidential information or intellectual property without completing the escalation process.
Except for claims involving nonpayment, indemnification, confidentiality, intellectual property, fraud, or willful misconduct, a claim must be commenced within one year after it accrues.
23. No Class or Representative Actions
To the extent permitted by law, each party may bring claims only in its individual capacity and not as a plaintiff or class member in a purported class, collective, consolidated, representative, or private-attorney-general action. This section does not prevent joinder required by law or agreed by all parties and the court.
24. Assignment and Subcontracting
Buyer may not assign an order or these Terms without Seller’s prior written consent, except to a successor in connection with a merger or sale of substantially all relevant assets that is not a competitor of Seller and assumes the obligations in writing. Seller may assign to an affiliate or successor and may subcontract performance, while remaining responsible for its contractual obligations.
25. General Provisions
Neither party may bind the other. No waiver is effective unless in writing, and a waiver of one breach is not a waiver of another. If a provision is unenforceable, it will be modified to the minimum extent necessary, and the remainder will continue in effect. Headings are for convenience only.
These Terms and the documents incorporated under Section 2 constitute the entire agreement regarding the applicable transaction and supersede prior discussions on that transaction. Amendments to an accepted order must be agreed upon in writing and signed by authorized representatives of both parties. Seller may publish revised terms for future quotations and orders, but revisions do not retroactively change an already accepted order unless the parties agree in writing.
Counterparts and electronic signatures are acceptable. Neither party is entitled to audit the other’s books absent a separately signed agreement or legal requirement; Seller may provide records reasonably related to Buyer’s account subject to confidentiality and security controls.
26. Contact and Support
Questions, support requests, and RMA inquiries may be directed to Network Craze Technologies, Inc., 7037 Fly Road, East Syracuse, NY 13057; telephone 800-505-2078; email contact@networkcraze.com. Warranty and technical issues may also be submitted through Seller’s online support-ticket process.
Revision date: 9/1/26