Terms and Conditions

Please read these terms and conditions of sale very carefully.

By making a purchase from reliant technology, LLC (“reliant technology”) placing an order with reliant technology or accepting delivery of the products and services described in reliant technology's quote, invoice or other reliant technology documentation (collectively, the “order documents”) provided to you (“customer”), customer agrees to be bound by and accepts these terms and conditions of sale. Any additional or different terms contained in purchase orders or any other forms or documents other than order documents, whether delivered by customer or otherwise, are superseded hereby. If there is a conflict between the terms of these terms and conditions of sale and one or more of the order documents, the terms of the order documents shall control.

Important Information about These Terms and Conditions of Sale 

 These Terms and Conditions of Sale constitute a binding contract between Customer and RELIANT TECHNOLOGY. Customer accepts these Terms and Conditions of Sale by making a purchase, placing an order with or otherwise accepting delivery of goods or performance of services by RELIANT TECHNOLOGY (such goods and services, collectively, “Products”). These Terms and Conditions of Sale are subject to change without prior notice to Customer, except that the Terms and Conditions of Sale posted on RELIANT TECHNOLOGY's website (the “Site”) at the time Customer initially places or modifies an order will govern such order or modification, as applicable. 

 These Terms and Conditions of Sale, together with any and all Order Documents, constitute the entire agreement relating to the terms and conditions of sale of Products to Customer (each such transaction, a “Sale” and such transactions, collectively, the “Sales”). Customer hereby consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet, provided that Customer may withdraw such consent to receiving electronic records and have the records provided in non-electronic form through written notification to RELIANT TECHNOLOGY at: 

  RELIANT TECHNOLOGY, LLC 1371 Southland Circle NW Atlanta, Georgia 30318 

 If Customer issues one or more purchase orders in connection with a Sale, all such purchase order(s) shall be deemed effective only for Customer's administrative purposes and shall not constitute an agreement between Customer and RELIANT TECHNOLOGY. Without limiting the foregoing, any terms and conditions contained in any such purchase order that conflict with or are not included in these Terms and Conditions of Sale shall be null and void. No course of prior dealings between the parties and no usage of trade shall be deemed to constitute an agreement between the parties conflicting with the terms hereof or of any Order Documents, and shall not be relevant for purposes of construing the meaning of these Terms and Conditions of Sale or any Order Documents. 

Orders; Payment Terms; Interest; Taxes 

 Customer orders are not binding upon RELIANT TECHNOLOGY until accepted by RELIANT TECHNOLOGY in writing. Terms of payment are within RELIANT TECHNOLOGY's sole discretion. Customer payments are due and payable within the time period specified in the relevant invoice or other Order Documents. RELIANT TECHNOLOGY may invoice Customer separately for partial shipments. Customer agrees to pay interest on all past-due sums at the lower of (i) one and one-half percent (1 1/2%) per month or (ii) the highest rate allowed by law. In the event of a payment default, Customer shall be responsible for all of RELIANT TECHNOLOGY's costs of collection, including court costs, filing fees, attorney's fees and expenses. Customer is responsible for, and shall indemnify, defend and hold the Limitation Beneficiaries harmless from all claims and liabilities for, any applicable (whether valid or not) sales, use, transaction, excise or similar taxes, regardless of the governmental agency making the claim for same (but not taxes imposed or determined based on RELIANT TECHNOLOGY's net income), and from any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of, or otherwise relating to any goods and services provided to Customer. If applicable, Customer may claim any exemption from taxes, fees or charges, and shall provide RELIANT TECHNOLOGY with the necessary supporting documentation on or by the date of the first Order Document. 

Pricing Information; Availability Disclaimer 

 All pricing is subject to change. RELIANT TECHNOLOGY reserves the right to make adjustments to pricing, products and service offerings for any reason including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, RELIANT TECHNOLOGY cannot guarantee that it will be able to fulfill Customer's orders. 

Title; Risk of Loss 

 If Customer provides RELIANT TECHNOLOGY with Customer's shipping account number or selects a carrier, risk of loss and damage with respect to such shipment shall pass from RELIANT TECHNOLOGY to Customer at the time such goods are submitted to such carrier. For shipments made with a carrier determined by RELIANT TECHNOLOGY, risk of loss and damage with respect to such shipments shall pass from RELIANT TECHNOLOGY to Customer upon delivery to Customer. Customer shall be responsible for all shipping and related charges. Title to goods relating to a Sale shall pass to Customer upon RELIANT TECHNOLOGY’s receipt of all amounts then owed by Customer to RELIANT TECHNOLOGY. Upon Customer's failure to timely remit payment in full to RELIANT TECHNOLOGY with respect to any one or more Sales, RELIANT TECHNOLOGY may enter onto Customer's premises and take possession of all goods relating to such Sales, and Customer shall cooperate in all respects with RELIANT TECNOLOGY’s exercise of its right to regain possession of such goods. Notwithstanding the foregoing, title to software will remain with the applicable licensor(s) and Customer's rights therein are contained in the license agreement between such licensor(s) and Customer. 

Third Party Services 

 Customer acknowledges and agrees that RELIANT TECHNOLOGY, in its sole discretion, may arrange for one or more third parties to perform services for Customer. In such event, the third party service provider shall be solely responsible for providing such services to Customer, and Customer shall look solely to any such third party service provider(s) for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases RELIANT TECHNOLOGY and its affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. 

Software 

 Unless expressly provided in the Order Documents, Customer acknowledges and agrees that no software products, operating system software or licenses are being sold, transferred, or assigned by RELIANT TECHNOLOGY.  If specific software products, operating system software or licenses are required for the operation of the equipment, then Customer acknowledges and agrees that Customer is solely responsible for obtaining such software products, operating system software or licenses and complying with any and all software license requirements of the original licensor. 

Warranties 

 Customer understands that RELIANT TECHNOLOGY is not the manufacturer of any goods purchased by Customer hereunder and, except as expressly provided herein, the only warranties, if any, offered with respect to such goods are limited to those of the manufacturer of such products, not RELIANT TECHNOLOGY. In purchasing any Products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications, representations, photographs or other illustrations representing Products that may be provided by RELIANT TECHNOLOGY, its affiliates, agents or representatives. In connection with services, neither affiliates of RELIANT TECHNOLOGY nor third party service providers are agents of RELIANT TECHNOLOGY and RELIANT TECHNOLOGY has no obligation or liability arising from any services performed by such service providers or any warranty, if any, made by such service providers. 

EXCEPT AS EXPRESSLY PROVIDED HEREIN OR IN APPLICABLE ORDER DOCUMENTS, RELIANT TECHNOLOGY AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY RELIANT TECHNOLOGY AND ANY THIRD PARTIES OR AFFILIATES OF RELIANT TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NONINFRINGEMENT. THE DISCLAIMERS CONTAINED IN THE PRECEDING SENTENCE ARE NOT INTENDED TO AFFECT THE TERMS OF ANY APPLICABLE MANUFACTURER'S WARRANTY. 

For purposes of the following paragraphs, “Resold Goods” means de-installed, new-surplus, pre-owned, used and refurbished goods that are provided by RELIANT TECHNOLOGY to customer. With respect to Resold Goods, RELIANT TECHNOLOGY provides the following limited warranties:

For purposes of the following paragraphs, “Resold Goods” means de-installed, new-surplus, pre-owned, used and refurbished goods that are provided by RELIANT TECHNOLOGY to customer. With respect to Resold Goods, RELIANT TECHNOLOGY provides the following limited warranties:

  • (a) If Customer is an end-user of Resold Goods (an “End-User”), RELIANT TECHNOLOGY provides a one-year parts replacement warranty whereby if such Resold Goods are deemed defective within one year from the original date of purchase, RELIANT TECHNOLOGY will (i) use its reasonable best efforts to replace such Resold Goods or such defective portion of such Resold Goods as promptly as practicable and (ii) credit such End-User in an amount equal to ten percent (10%) of the value of such defective Resold Goods or such defective portion of such Resold Goods, as applicable.
  • (b) If Customer is not an End-User, including, without limitation, a reseller, broker or similar party, RELIANT TECHNOLOGY provides a 90-day parts replacement warranty, whereby if Resold Goods received by such Customer are deemed defective within ninety (90) days from the original date of purchase, RELIANT TECHNOLOGY will use its reasonable best efforts to replace such Resold Goods or such defective portion of such Resold Goods as promptly as practicable.

Acceptance of Products and Returns: 

Notwithstanding any other provision herein or in an Order Document, all new products, software licenses and services provided by the following manufacturers are not eligible for refund or return under any circumstances; EMC, Hitachi Data Systems, Brocade, IBM, NetAPP, CISCO, QLOGIC, EMULEX. Inspection and acceptance of all Products provided to Customer shall be Customer's sole responsibility. Customer is deemed to have accepted Products unless written notice of rejection is received by RELIANT TECHNOLOGY within ten (10) days after delivery of Products to Customer (the “Inspection Period”), and Customer waives any right to revoke acceptance thereafter. Customer shall report any discrepancy in shipment quantity or any damage during the Inspection Period, after which any and all claims by Customer for such discrepancy or damage shall be deemed waived in all respects. All returns for defective and non-defective products must (i) be returned within thirty (30) days of Customer’s receipt of such products and (ii) have a valid Return Material Authorization (“RMA”) Number issued by RELIANT TECHNOLOGY. Shipping instructions may be provided by RELIANT TECHNOLOGY to Customer when the RMA is provided.

  • Return of Defective Goods: 
    If returned goods are claimed to be defective, a complete description of the nature of the defect must be provided by Customer at the time of Customer's RMA Number request. Returned goods must be in original manufacturer's shipping cartons complete with all packing materials.
  • Return of Non-Defective Goods: 
    Non-defective goods may be accepted for return in RELIANT TECHNOLOGY's sole and absolute discretion. For non-defective goods to be eligible for consideration for return, Customer shall submit its written request for return to RELIANT TECHNOLOGY during the Inspection Period and such goods shall be returned in the originally sealed and undamaged manufacturer's packaging. All non-defective goods for return, if accepted, are subject to a minimum 25% restocking fee. Shipping charges will not be refunded on returns of non-defective goods.
  • Return shipping address:
     RELIANT TECHNOLOGY, LLC Attn: Returns Department 1371 Southland Circle NW Atlanta, Georgia 30318
Additional information regarding RELIANT TECHNOLOGY’s return policy and RMA procedure is provided at https://reliant-technology.com/rma-procedure (the “RMA Procedure Page”). If any conflict exists between the terms of this section entitled Acceptance of Products and Returns and the terms contained from time to time on the RMA Procedure Page, the terms contained on the RMA Procedure Page shall control. 


Limitation of Liability 

NO LIMITATION BENEFICIARY (DEFINED BELOW) SHALL BE LIABLE, AND CUSTOMER HEREBY WAIVES ANY AND ALL CLAIMS, FOR LOST PROFITS, LOSS OF BUSINESS OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NO LIMITATION BENEFICIARY SHALL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR ANY ACTS, INACTIONS OR SERVICES OF THIRD PARTIES. CUSTOMER AGREES THAT THE MAXIMUM LIABILITY OF RELIANT TECHNOLOGY, ITS MEMBERS, PARENT, AFFILIATE OR SUBSIDIARY COMPANIES, JOINT VENTURES, CONSULTANTS, CONTRACTORS, SUBCONTRACTORS AND SUBCONSULTANTS, IF ANY, AS WELL AS THE LIABILITY OF THE OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, SHAREHOLDERS, PARTNERS (GENERAL AND LIMITED), MEMBERS, REPRESENTATIVES, CONTRACTORS AND SUBCONTRACTORS (AT ALL TIERS) AND AGENTS OF THE FOREGOING (COLLECTIVELY, THE “LIMITATION BENEFICIARIES”) ARISING FROM LIMITATION BENEFICIARIES' ACTS, ERRORS OR OMISSIONS OR BREACH OF THE TERMS OF THESE TERMS AND CONDITIONS, ANY ORDER DOCUMENTS OR OTHER AGREEMENT, SHALL BE LIMITED TO, AT RELIANT TECHNOLOGY'S SOLE DISCRETION: (i) THE REPLACEMENT OF THE GOODS DELIVERED BY RELIANT TECHNOLOGY PURSUANT TO THE APPLICABLE ORDER DOCUMENTS OR (ii) REPAYMENT OF THE PURCHASE PRICE PAID BY CUSTOMER FOR SUCH GOODS UPON CUSTOMER’S RETURN OF SUCH GOODS TO RELIANT TECHNOLOGY

 RELIANT TECHNOLOGY shall not be responsible for any delays in delivery arising out of any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failures of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency. Any shipping dates provided by RELIANT TECHNOLOGY are estimates only. 

Publicity 

 Neither party will issue any press release relating to a Sale, the Products or the relationship between RELIANT TECHNOLOGY and Customer without RELIANT TECHNOLOGY'S prior written consent. However, RELIANT TECHNOLOGY may identify Customer as a RELIANT TECHNOLOGY client, and Customer hereby provides RELIANT TECHNOLOGY a worldwide, royalty-free license to use Customer's logo for such purpose. 

Export Sales 

 If any Sale involves an export as defined under the regulations of the Bureau of Industry and Security of the U.S. Department of Commerce codified at 15 Code of Federal Regulations, Chapter 7 (the “Export Administration Regulations”), the parties acknowledge that all commodities, technology and/or software sold or distributed under these Terms and Conditions of Sale exported from the United States by RELIANT TECHNOLOGY shall be exported in accordance with the Export Administration Regulations. RELIANT TECHNOLOGY makes no representation to Customer with respect to exported products except as stated herein. Diversion, use, export or re-export contrary to United States law is prohibited. The commodities, technology and/or software sold or distributed under these Terms and Conditions of Sale may not be exported or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. In addition, manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States. 

Governing Law

These Terms and Conditions of Sale, all Order Documents and all sales will be governed by the laws of the State of Georgia, without regard to conflicts of laws rules. Any litigation between the Parties will be brought in Fulton County, Georgia and Customer consents to the jurisdiction of the Federal and State courts located in Fulton County, Georgia and submits to the jurisdiction thereof and waives the right to change venue from such courts. Customer further consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding. 

General 

 If any provision herein shall be deemed invalid or unenforceable, the other provisions hereof shall remain in full force and effect, and binding upon Customer, RELIANT TECHNOLOGY and their respective successors and assigns. These Terms and Conditions of Sale shall survive the delivery and Customer's acceptance of any products and services provided by or on behalf of RELIANT TECHNOLOGY to Customer. Headings are provided for convenience purposes only and have no legal effect or intent.