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Terms of sale

All orders are subject to acceptance by Perkins School for the Blind (“Perkins”). Upon acceptance of any order, the following terms of sale shall govern the sale of products ordered by customer (“Buyer”). Any preprinted terms or modifications to these terms without the express written approval of Perkins included or referenced in the Buyer’s purchase order shall not apply. These terms supplement the return policy and shipping policy.

  1. Perkins warrants, for a period of one year from the date of delivery, that the products purchased will be free from material defects in workmanship and materials, excluding any defects caused by casualty or misuse of the products. Any claim under this warranty must be in writing and must specifically identify the alleged defect. Perkins shall give permission to ship the products to Perkins’ factory at Buyer’s expense if the defect is within Perkins’ warranty. Perkins’ sole liability under this warranty shall be to repair such defects (or replace the products) and return the products to Buyer at Perkins’ expense anywhere in the continental United States or at Buyer’s expense anywhere outside of the continental United States. THE WARRANTY GIVEN HEREUNDER IS IN LIEU OF ANY OTHER GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  2. TO THE MAXIMUM EXTENT PERMITTED BY LAW (A) PERKINS’ AGGREGATE LIABILITY FOR ALL CLAIMS ARISING UNDER ANY ORDER OR WITH RESPECT TO ANY PRODUCT OR ANY OTHER MATERIALS SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO PERKINS BY BUYER FOR THE SPECIFIC PRODUCT OR PRODUCTS GIVING RISE TO THE CLAIM AND (B) IN NO EVENT WILL PERKINS BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY OF ANY KIND) FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST SALES OR PROFITS, EVEN IF PERKINS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  3. In the event of any delay in Perkins’ performance due to fire, flood, hurricane, explosion, labor unrest, unforeseeable shortage of materials, delay in transportation, breakdown or accident or any other cause beyond its control, Perkins shall have such additional time within which to perform its obligations as may be reasonably necessary under the circumstances.
  4. Perkins and its licensors shall retain all rights in and to its intellectual property, including without limitation technology, manufacturing processes, schematics, software and firmware (collectively, “Perkins IP”), and Buyer shall not acquire any rights or licenses therein. Perkins shall not be obligated to transfer, disclose or provide any such Perkins IP to Buyer.
  5. Perkins shall indemnify Buyer for all direct and actual damages recovered from Buyer by the third party in any legal proceedings for infringement of United States patent or copyright by the product sold hereunder provided that Buyer promptly notifies Perkins of the claim(s), permits Perkins to assume the defense thereof, and cooperates with Perkins with respect to such defense. This paragraph sets forth Buyer’s sole and exclusive remedy, and Perkins’ entire liability, with respect to any intellectual property infringement claim.
  6. Buyer acknowledges that U.S. export control laws and regulations may apply to Perkins’ products, including the Export Administration Regulations administered by the U.S. Department of Commerce, which prohibit the export or re-export of products and technology to certain countries and persons. Buyer agrees to comply strictly with all U.S. export laws, regulations and orders, and assumes sole responsibility for obtaining any required licenses to export or re-export products or technology.
  7. Any action for breach of these terms shall be commenced within two years after the delivery of the products hereunder. These terms shall be governed by the laws of the Commonwealth or Massachusetts, without regard to principles of conflicts of law. The parties agree that any legal action arising hereunder shall be brought and tried in the federal and state courts located in Suffolk County, Massachusetts. All objections to jurisdiction and venue are hereby waived by Buyer.

Perkins School for the Blind
175 North Beacon Street
Watertown, MA 02472
Tel: (617) 924-3434
www.perkins.org