5U to 3U Server Trade-up Program Terms and Conditions for Participating Kaleidescape Dealers
This is a dealer-supported promotional program. These Terms and Conditions describe the conditions which must be met in order to take advantage of this promotional opportunity. Contact your participating Kaleidescape Dealer for additional details.
This trade-up credit program is subject to the terms of the Kaleidescape Dealer Agreement and the terms and conditions that follow. All qualifying purchases must be made between August 14, 2009 and February 28, 2010. Dealer warrants that it holds sole legal title to all products exchanged and has legal right to transfer them to Kaleidescape, Inc. and that said products, including their software in the case of third-party products, are free of any liens, security interest, or encumbrances. Dealer warrants that Kaleidescape, Inc. shall receive sole, exclusive and marketable title to the products exchanged when said products are received by Kaleidescape, Inc. Dealer understands and acknowledges that once exchanged products are received by Kaleidescape, they may be recycled or destroyed and cannot be returned. Dealer warrants that the sale and shipment of products exchanged does not violate any laws, statutes, ordinances or regulations, including trade and export laws, and that any third-party products exchanged do not infringe on third-party intellectual property rights or other proprietary rights. Dealer agrees to indemnify Kaleidescape, Inc. from any claims or losses incurred as a result of any breach by Dealer of the terms and conditions of this program. Dealer agrees that Kaleidescape, Inc. shall not be responsible for the loss or maintenance in confidence of any data resident on any products exchanged. Dealer agrees that Kaleidescape shall not be responsible for any data lost in any replication and that Dealer may have to re-load all CDs and DVDs at Dealer's sole expense. All products exchanged must be received in good working and good cosmetic condition within 60 days of shipment of the 3U Server. All products exchanged are subject to inspection and acceptance by Kaleidescape or its authorized agent upon receipt and prior to issuance of any trade-up credit. If products exchanged are not received within 60 days of shipment of the 3U Server in good working and good cosmetic condition as determined by Kaleidescape in its sole discretion, then Kaleidescape reserves the right to deny the trade-up credit and return the trade-up product to Dealer at Dealer's expense. Kaleidescape reserves the right to refuse the trade-up credit for Kaleidescape products if it does not timely receive a properly completed trade-up request form, cannot contact the Dealer, or if Dealer breaches any terms and conditions, or in its reasonable discretion. Trade-up credits will be given on account and may be applied to current balances, future purchases or refunded upon request. Dealer is responsible for shipping costs incurred when shipping products exchanged to Kaleidescape. Kaleidescape is not responsible for damage to products exchanged occurring during shipment. Risk of damage or loss remains with dealer until Kaleidescape receives, inspects and accepts the products exchanged. This trade-up credit program is open to Kaleidescape dealers worldwide, except where prohibited or restricted by law. Trade-up requests must be submitted when ordering the product(s) purchased. Kaleidescape is not responsible for lost, misdirected, late, or illegible trade-up credit forms. This offer is not valid with any other Kaleidescape-sponsored offers. Kaleidescape reserves the right to change these terms and conditions without notice, and reserves the right to terminate this program upon posting notice on the Kaleidescape website.