These terms and conditions are valid for subscription and purchase of
op5 Monitor, op5 LogServer, op5 Statistics, Hardware Appliance Servers
and op5 accessories, Maintenance and Support Services and Services,
unless otherwise agreed upon, in writing, between the customer and op5.
1. Ordering
1.1 Ordering of op5 Monitor,op5 LogServer, op5 Statistics, Hardware Appliance Servers and op5
accessories, Maintenance and Support Services and Services can be made
on op5’s web shop and by email, mail, telephone or by fax.
1.2 An order is not binding until it is confirmed in writing by op5.
1.3. Information and specification of op5 Monitor,op5 LogServer, op5
Statistics, Hardware Appliance Servers and op5 accessories, Maintenance
and Support Services and Services will be found in the op5 Product fact Sheet
1.4 op5 reserves the right to change occurring errors in the
information and specification of ordered op5 Monitor,op5 LogServer, op5
Statistics, Hardware Appliance Servers and op5 accessories, Maintenance
and Support Services and Services.
1.5 all pictures shall be viewed as illustrations only and does not
imply any guaranty as to the op5 Monitor, op5 LogServer, op5
Statistics, Hardware Appliance Servers and accessories exact appearance
and character.
2. Shipping and delivery
2.1 Delivery terms and conditions are Ex Works (as defined in the Incoterm 2000 EXW convention).
2.2 The delivery day, when applicable, will be stated in the written
confirmation of the order (see 1.2 above). For customer guidance the
delivery time for Hardware Appliance Server is approximately 10 working
days and for accessories approximately 5 working days
2.3 Upon customer request op5 will arrange for transportation,
including transportation insurance. All costs and expenses related to
such transportation will be paid by the customer, unless otherwise
agreed upon.
2.4 op5 Monitor,op5 Logistics and op5 Statistics is downloaded directly via the web shop
2.5 op5 accessories can be delivered to customers domiciled in the following countries:
Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia,
Finland, France Germany, Greece, Hungary, Ireland, Italy, Latvia,
Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania,
Slovakia, Slovenia, Spain, Sweden, United Kingdom, Norway, Switzerland
and Russia.
2.6 op5 Hardware Appliance Server can be delivered to customers domiciled in the following countries:
Austria, Belgium, Denmark, Finland, France Germany, Ireland, Italy,
Luxembourg, Netherlands, Portugal, Spain, Sweden, United Kingdom,
Norway and Switzerland.
3. Delay of delivery
3.1 The customer may, through a written
notice to op5, cancel the order if there is a delay of delivery caused
by op5 exceeding 45 days from the delivery date stated in the order
confirmation (see 1.2 above).
4. Price and payment
4.1 All prices and fees stated on
the op5 website are excluding VAT. In addition the customer will pay
all indirect taxes, including VAT, and other fees which arise or may
arise as a result of the order.
op5 collaborates with Samport Payment Services AV. For additional
information, please refer to, http://www.samport.se. Payment can be
made by credit card or through invoicing (after special credit
assessment).
Prices and fees are subject to adjustments until the order is confirmed by op5 (see 1.2 above).
Unless otherwise stated all invoices shall fall due for payment 30 days
after day of invoicing. Payment made by credit card is due for payment
30 days after the order confirmation day. If payments is not received
by the due date, at the latest, op5 is entitled to charge interest on
overdue amounts according to an interest rate corresponding to the
Riksbank's established reference interest rate applicable at all times,
with an additional eight (8) percentage points.
4.2 The subscription period is 24 or 36 months. The subscription fee
is invoiced quarterly in advance and includes Hardware Appliance
Servers fee and license, Maintenance and Support Services and Services
fees. The subscription fee is calculated based on the selected
subscription period and the number of nodes.
If the subscription is not cancelled by written notice three months
prior to the end of the current subscription period the subscription is
prolonged by 12 months.
At any point in time the customer may order an extension of the number of nodes.
After the completion of a subscription period, the hardware appliance
server shall be returned to op5. The customer pays the fee for the
return transportation.
4.3 Installation and training can be ordered separately and will be invoiced separately.
5. Maintenance and Support Services and Services
5.1 Queries regarding Maintenance
and Support Services and Services included in the subscription fee are
managed by op5’s support department via telephone, email or the support
portal.
5.2 For support and information regarding the hardware appliance
servers and accessories the customers are referred to the respective
manufacturer.
6. Retention of title - accessories
6.1 The ownership of the accessories
remains with op5 until fully paid. Until the ownership has passed to
the customer it is the responsibility of the customer to take proper
care of the accessories, not to make any changes in the them and not
transfer them to anyone else without prior written consent from op5.
7. Return rights and complaints
7.1 The customer may return only
such accessories, which op5 carry in stock and which have not been
adjusted to fit specific customer requirements. Such return will not be
accepted by op5 until controlled by op5 and found to be in proper
condition. Any cost related to the return transportation of the
accessories will be reimbursed by the customer.
7.2 It is the customers responsibility to control ordered
accessories when delivered. Any complaint regarding found errors or
defects should be made to op5 no later than 10 days from the delivery
day. If case of no such complaint it is considered that the customer
has accepted the delivered accessories as is.
8. Specific terms and conditions
In addition to the above terms and conditions the following apply:
8.1 For op5 Monitor, op5 LogServer and op5 Statistics certain
License Terms and Conditions and General Terms and Conditions apply.
8.2 For Hardware Appliance Servers certain terms and conditions apply.
8.3 For Maintenance and Support Services certain Maintenance and
Support Terms and Conditions, Service Level Agreement (SLA) and General
Terms and Conditions apply.
8.4 For Services certain Service Terms and Conditions and General Terms and Conditions apply.
8.5 For accessories certain terms and conditions apply.
8.6 For all products and services following definitions apply.
9. Attachments
Attachments to Terms and Conditions
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