Sunrise Telecom Incorporated

On-Line Store

Terms and Conditions

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The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of or placement of an order on this site indicates your acceptance of these terms and conditions. These terms and conditions supercede any subsequent terms or conditions, including, but not limited to, those with any purchase order, whether or not such terms or conditions are signed by Sunrise. Sunrise reserves the right to modify this site and these terms and conditions at any time and without notice to you.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not indicate our acceptance of your order, nor does it constitute confirmation of our offer to sell. Sunrise reserves the right at any time after receipt of your order to decline your order for any reason or without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed over $2,000.00 must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.

Sales Taxes and Shipping/Handling Charges

Sunrise shall automatically charge and withhold all applicable sales taxes (taxes from state, county, city, or any other jurisdiction) for orders to be delivered to addresses in California and other states where Sunrise has sales tax collection obligations. Each customer shall be solely responsible for all sales, use, or other taxes on orders shipped to any other state where Sunrise does not collect sales tax. Shipping/Handling charges vary depending on the weight, physical size, destination, or other characteristics of the shipment.

Refurbished Equipment 

Refurbished equipment is available on a first come, first serve basis and is limited to stock on hand. On rare occasions, a refurbished equipment order placed can not be processed because the requested equipment was sold out before the order was placed. In this case, you will be notified via email that your online order will not be processed. All refurbished items are not returnable.

Delivery Time

Estimated ship date 2-3 weeks for new units and 2 weeks for refurbished units ARO (after receiving order).

Disclaimer and Limitation of Liability as to the Sunrise Web Sites

You agree that Sunrise’s maximum liability arising from any product sold on the Sunrise sites shall be no more than the price of the product ordered. In no event will Sunrise, its directors, officers, employees, or other representatives be liable for special, indirect, consequential, or punitive damages.

This site may contain links to other sites on the Internet that are owned and operated by other parties. You acknowledge that Sunrise is not responsible for the operation of or content located on or through any such site.

Typographical Errors

In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Sunrise shall have the right to refuse or cancel any orders placed for such product whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for a canceled order, Sunrise will issue a credit to your credit card account in the amount of the charge.

Express Limited Warranty

A.         Hardware Coverage.  Sunrise warrants hardware products against defects in materials and workmanship for one year from the date of shipment. During the warranty period Sunrise will, at its sole option, either (i) refund of the customer’s purchase price without interest, (ii) repair the hardware products, or (iii) replace hardware products; provided, however, that such products which Sunrise elects to replace must be returned to Sunrise by customer, along with acceptable evidence of purchase, within twenty (20) days of request by Sunrise, freight prepaid.

B.         Software and Firmware Coverage.  Sunrise warrants software media and firmware materials against defects in materials and workmanship for one year from the date of shipment. During the warranty period Sunrise will, at its sole option, either (i) refund of customer’s purchase price without interest, (ii) repair said products, or (iii) replace software or firmware products which prove to be defective; provided, however, that such products which Sunrise elects to replace must be returned to Sunrise by customer, along with acceptable evidence of purchase, within twenty (20) days of request by Sunrise, freight prepaid. In addition, during the warranty period, Sunrise will provide, without charge to customer, all fixes and patches to the original product specifications sold which Sunrise issues during the warranty period.  Sunrise does not warrant or represent that all software defects will be corrected. In any case where Sunrise has licensed a software product "AS-IS", Sunrise’s obligation will be limited to replacing an inaccurate copy of the original material.  This warranty does not cover upgrade or enhancements to product software and firmware.

C.         Only for customer.  Sunrise makes this warranty only for the benefit its customers and not for the benefit of any subsequent purchaser or licensee of any merchandise.

D.  LIMITATION ON WARRANTY.  THIS WARRANTY CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY MADE BY SUNRISE WITH RESPECT TO HARDWARE, SOFTWARE AND FIRMWARE.  THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED. SUNRISE SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUNRISE’S LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO A PRODUCT, INCLUDING SUNRISE’S LIABILITY FOR FAILURE AFTER REPEATED EFFORTS TO INSTALL EQUIPMENT IN GOOD WORKING ORDER OR TO REPAIR OR REPLACE EQUIPMENT, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OR LICENSE FEE FOR THAT PRODUCT, NOR SHALL SUNRISE IN ANY EVENT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, ARISING FROM OR RELATED TO THE SALE OF THE MERCHANDISE HEREUNDER, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM OR RELATED TO LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OF GOODWILL, INJURY TO REPUTATION, OVERHEAD, DOWNTIME, REPAIR OR REPLACEMENT, OR CHARGE-BACKS OR OTHER DEBITS FROM CUSTOMER OR ANY OF CUSTOMER’S CUSTOMERS.

E. No Guaranty, Nonapplication of Warranty.  Sunrise does not guaranty or warrant that the operation of hardware, software, or firmware will be uninterrupted or error-free.  Further, the warranty shall not apply to defects resulting from:

(1)        Improper or inadequate maintenance by customer;

(2)        Customer-supplied software or interfacing;

(3)        Unauthorized modification or misuse;

(4)        Operation outside of the environmental specifications for the product;

(5)        Improper site preparation or maintenance; or

(6)        Improper installation.

Jurisdiction and Venue

You agree that any legal action relating to Sunrise or its products shall be governed by the laws of the State of California without regard to its conflict of law principles. You also agree that the sole jurisdiction and venue for any such litigation shall be in the appropriate federal or state court located in Santa Clara County, California.

Copyright and Trademark Notice

This site is owned and operated by Sunrise. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of Sunrise, Copyright © 1997-2000, ALL RIGHTS RESERVED. All documents and materials are the sole property of Sunrise or their respective content providers. All software used on the site is the sole property of Sunrise or those supplying the software. You may use the content of Sunrise Online Store section only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without Sunrise’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.