Key Definitions
- "The Company" or "we" refers to nBalance.
- "The Buyer"refers to the customer purchasing the products.
- "The Goods"refers to the products supplied by the Company to the Buyer under their contract.
Contract Overview
All orders are governed by these conditions of sale, and by placing an order, the Buyer accepts these terms. Any alterations to these conditions must be confirmed in writing by the Company. The Company’s lack of objection to any terms from the Buyer does not imply acceptance of any differing terms or waiver of these conditions.
Opening an Account
Prospective customers may apply for a credit account. Until the Company confirms the opening of a credit account, a remittance should accompany any order.
Terms of Payment
Invoices are due for settlement within 30 days of delivery of the Goods or as otherwise stipulated by the Company, and payments should be made according to the invoice amounts. The Company reserves the right to impose interest on overdue balances.
Money Back Guarantee
The Money Back Guarantee applies to all hardware, software, and services. The Buyer may request a return, cancellation, and full refund in writing within 90 days of the invoice date. Returns of hardware may incur a reasonable re-stocking fee.
Warranty/Guarantee
The warranty period begins on the date of delivery to the Company’s customer and lasts for thirty six months from that date.
The Company commits to repairing or replacing any product it has manufactured that becomes defective within the warranty period, with a defect defined as hardware that fails to function correctly due to design, material, or workmanship faults under normal service or storage conditions.
The Company’s liability is limited to the terms of this warranty, and it is not liable for any direct or consequential loss or damage, however caused. No other guarantees, statutory or otherwise, expressed or implied, are given. Warranty conditions are void if the product is deemed by the Company to have been misused or improperly installed or applied.
Any software is covered under its own warranty.
Buyer’s Obligations
The customer agrees to thoroughly examine the Goods supplied by the Company or any work done by the Company and will notify the Company in writing of any shortage, defect, or non-compliance with the contract, which should be apparent upon such examination, within 5 working days of delivery or collection.
Delivery and Packaging
The Company ensures that all goods leaving its premises are packed to protect against damage during standard transit handling. Appointed carriers will handle delivery. The Company reserves the right to change carriers without prior notice and to alter product specifications without notice.
The Buyer will acknowledge receipt by signing the carrier’s delivery receipt form. Acceptance by a third party (e.g., a co-location host) will be deemed acceptance by the Buyer.
Return Conditions
Goods correctly supplied may not be returned without obtaining an RMA number from the Company. Custom-made goods cannot be returned under any circumstances. With the Company’s written consent, returned goods must be sent "carriage paid" and accompanied by a packing note stating the Company’s invoice number and date. Goods may be returned within 90 days of purchase for any reason, though hardware returns may incur a reasonable re-stocking fee.
Ownership of Goods
The title to the Goods remains with the Company until the Buyer has fully paid all sums due. The Company may recover the Goods at any time if the outstanding balance exceeds the credit limit extended to the Buyer. The Company’s representatives may enter any premises where the Goods are located to recover them.
The Buyer is entitled to sell the Goods in the ordinary course of business, passing good title to their customer, provided that the Company retains a right to the proceeds until the Buyer’s debts are fully settled. The Company may also recover the Buyer’s price from the Buyer’s customer to the extent unpaid, accounting to the Buyer for any excess after deducting expenses incurred.
Cancellation and Termination
The Company reserves the right to terminate the contract immediately under any of the following conditions:
- If the Buyer becomes insolvent, enters into a creditor arrangement, or has any of their assets seized.
- If the Buyer, as an incorporated company, has a Receiver appointed for any part of its undertaking or assets.
- If the Buyer breaches any part of the contract.
Upon termination, the Company is entitled to be paid for Goods manufactured or sold up to the termination date, and the Buyer must pay for any allocated materials at current prices.
Service Agreement (Support & Firmware Updates)
Payment of the security update fee covers critical security updates for the current software version but does not include upgrades to newer versions. Payment of any technical support contract entitles the Buyer to software upgrades.
Software updates may be provided as 'Online Updates', 'Partition Images', or 'Hot-fixes'.
The standard Service Level Agreement (SLA) is a 1-hour response for critical production issues and a 4-hour response for non-critical issues.
Intellectual Property
All nBalance software and documentation, in any format including source code, flash card, hard drive, ISO, or virtual partition image, are protected by international copyright law.
Governing Law
This contract is governed by the laws of Kuwait and United Arab Emiirates, and any disputes, questions, or remedies will be determined by the courts of Kuwait.
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With over 20 years of experience in load balancing solutions, nBalance has encountered and solved a vast array of challenges. Trust us to meet your business needs with expertise and reliability.