- Equipment Returns
- Hardware and Software Updates
- Selling Equipment to Curvature
- Curvature Shipping Standards
- Curvature LLC Purchase Order Terms and Conditions for North America and South America
- Curvature LLC Purchase Order Terms and Conditions for Europe
- Curvature Solutions Pte. Ltd. Purchase Order Terms and Conditions
- Curvature Japan G.K. Purchase Order Terms and Conditions
- Curvature Equipment Quote Terms and Conditions
Updated: February 18, 2016
Personal Use Only
The Site and Services are made available for your personal, non-commercial use only. You may not use the Site to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the results from a search and reformat and display them, or mirror the Company home page or results pages on your Website. You may not “meta-search” the Site. If you want to make commercial use of the Services, you must enter into written agreement with us to do so in advance.
You agree that you will not distribute, post or transmit to or from this Site any Submissions that are unlawful, defamatory, harassing, threatening, libelous, obscene, pornographic or otherwise sexually explicit, scandalous, inflammatory, or other material that could give rise to any civil or criminal liability under the law.
All information, materials and other content contained on this Site (including any submissions as discussed above, “Content”) are our copyrighted material. Except as stated herein, none of the Content may be used, copied, reproduced, transmitted, re-transmitted, distributed, downloaded, posted or otherwise exploited without our prior written consent.
“Curvature” and “NetSure” are registered trademarks of the Company. You are not permitted to use these trademarks without the Company’s prior written consent.
No Representations and Warranties
EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, NONINFRINGEMENT OR ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING THE ERROR-FREE, DISRUPTION-FREE OR INTERRUPTION-FREE NATURE OF THE SITE OR THE SERVICES.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, COST OF COVER, OR LOST DATA THAT ARISE IN WHOLE OR IN PART FROM YOUR USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES, OR YOUR RELIANCE UPON THE SITE OR THE SERVICES, OR OUR PROVISION OF, OR FAILURE TO PROVIDE, THE SITE OR THE SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, WE HAVE NO DUTY TO UPDATE THE SITE OR THE CONTENTS THEREOF. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED FIVE DOLLARS ($5.00). IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND THE SERVICES.
Governing Law; Other
Version: May 24, 2018
1. Data controller
Personal Data processed
When you use the Website, Curvature will collect and process information regarding you (as an individual) which allows you to be identified either by itself, or together with other information which has been collected. Curvature may also be able to collect and process information regarding other persons in this same manner, if you choose to provide it to Curvature.
This information may be classified as “Personal Data” and can be collected by Curvature both when you choose to provide it (e.g., when you sign up for an account, in order to receive Curvature’s Services) or simply by analysing your behaviour on the Website.
Personal Data which can be processed by Curvature through the Website are as follows:
a. Name, contact details and other Personal Data
In various sections of the Website – e.g. if you decide to request a quote on the Website, or to subscribe to the Website’s Blog – you will be asked to submit information such as your name, phone / mobile numbers and e-mail address, as well as information related to the company you currently work for and your position in that company.
In addition, whenever you participate in surveys and other promotions which may be available on the Website, as well as whenever you communicate with Curvature through the contact details provided in the Website, Curvature may collect additional information which you choose to provide. This is also the case regarding any information you choose to disclose in certain sections of the Website which allow you to participate in a public forum or to contact Curvature directly.
b. Special categories of Personal Data
Certain areas of the Website include free text fields where you can write messages to Curvature (e.g., the Live Chat), or otherwise allow you to post various types of content on the Website, which may contain Personal Data.
Where these fields are completely free, you may use them to disclose, or may post content which discloses (inadvertently or not) more sensitive categories of Personal Data, such as data revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership. The content you upload in these fields may also (inadvertently or not) include other types of sensitive information relating to you, such as your genetic data, biometric data or data concerning your health, sex life or sexual orientation.
Curvature asks that you do not disclose any sensitive Personal Data on the Website, unless you consider this to be strictly necessary. If you do, then this Personal Data may be processed by the Company based on your explicit consent.
c. Other persons’ Personal Data
As mentioned in the previous section, certain areas of the Website include free text fields where you can write messages to Curvature, or otherwise allow you to post various types of content on the Website. These messages and content may (inadvertently or not) include Personal Data related to other persons.
In any situation where you decide to share Personal Data related to other persons on the Website, you will be considered as an independent data controller regarding that Personal Data and must assume all inherent legal obligations and responsibilities. This means, among other things, that you must fully indemnify Curvature against any complaints, claims or demands for compensation for damages which may arise from the processing of this Personal Data, brought by the third parties whose information you provide through the Website.
As Curvature does not collect this information directly from these third parties (but rather collects them, indirectly, from you), you must make sure that you have these third parties’ consent before providing any information regarding them to Curvature; if not, then you must make sure there is some other appropriate grounds on which you can rely to lawfully give Curvature this information.
d. Browsing data
The Website’s operation, as is standard with any websites on the Internet, involves the use of computer systems and software procedures, which collect information about the Website’s users as part of their routine operation. While Curvature does not collect this information in order to link it to specific users, it is still possible to identify those users either directly via that information, or by using other information collected – as such, this information must also be considered Personal Data.
This information includes several parameters related to your operating system and IT environment, including your IP address, location (country), the domain names of your computer, the URI (Uniform Resource Identifier) addresses of resources you request on the Website, the time of requests made, the method used to submit requests to the server, the dimensions of the file obtained in response to a request, the numerical code indicating the status of the response sent by the server (successful, error, etc.), and so on.
These data are used to compile statistical information on the use of the Website, as well as to ensure its correct operation and identify any faults and/or abuse of the Website.
– Definitions, characteristics, and application of standards
Cookies are small text files that may be sent to and registered on your computer by the websites you visit, to then be re-sent to those same sites when you visit them again. It is thanks to these cookies that those websites can “remember” your actions and preferences (e.g., login data, language, font size, other display settings, etc.), so that you do not need to configure them again when you next visit the website, or when you change pages within a website.
When browsing a website, you may also receive cookies from websites or web servers other than the website being visited (i.e., “third-party cookies”).
There are various types of cookies, depending on their characteristics and functions, which may be stored on your computer for different periods of time: “session cookies”, which are automatically deleted when you close your browser, and “persistent cookies”, which will remain on your device until their pre-set expiration period passes.
According to the law which may be applicable to you, your consent may not always be necessary for cookies to be used on a website. In particular, “technical cookies” – i.e. cookies which are only used to send messages through an electronic communications network, or which are needed to provide services you request – typically do not require this consent. This includes browsing or session cookies (used to allow users to login) and function cookies (used to remember choices made by a user when accessing the website, such as language or products selected for purchase).
On the other hand, “profiling cookies” – i.e., cookies used to create profiles on users and to send advertising messages in line with the preferences revealed by users while browsing websites – typically require specific consent from users, although this may vary according to the applicable law.
– Types of cookies used by the Website
The Website use the following types of cookies:
- Browsing or session cookies, which are strictly necessary for the Website’s operation, and/or to allow you to use the Website’s content and Services.
- Analytics cookies, which allow Curvature to understand how users make use of the Website, and to track traffic to and from the Website.
- Function cookies, which are used to activate specific Website functions and to configure the Website according to your choices (e.g., language), in order to improve your experience.
- Profiling cookies, which are used to observe the preferences you reveal through your use of the Website and to send you advertising messages in line with those preferences.
Curvature also uses third-party cookies – i.e. cookies from websites / web servers other than the Website, owned by third parties. These third parties will either act as independent data controllers from Curvature regarding their own cookies (using the data they collect for their own purposes and under terms defined by them) or as data processors for Curvature (processing personal data on Curvature’s behalf). For further information on how these third parties may use your information, please refer to their privacy policies:
- AddThis Services: http://addthis.com/privacy/privacy-policy
- Adroll: https://adrollgroup.com/privacy
- App Nexus: https://appnexus.com/en/company/platform-privacy-policy
- Bing: https://advertise.bingads.microsoft.com/en-gb/resources/policies/microsoft-bing-ads-privacy-policy
- Bidswitch: http://bidswitch.com/privacy-policy/
- DigiTrust: http://digitru.st/privacy-policy/
Marin Software: http://marinsoftware.com/privacy/privacy-central
Marketo (Munchkin): https://documents.marketo.com/legal/cookies/
– Cookies present on the Website
In detail, the cookies present on the Website are as follows:
|Technical name||Data Controller||Cookie type, function and purpose||Duration|
Determines if the user has previously viewed interstitial / pop-up content on the current page.
– Cookie settings
You can block or delete cookies used on the Website via your browser options. Your cookie preferences will be reset if different browsers are used to access the Website. For more information on how to set the preferences for cookies via your browser, please refer to the following instructions:
CAUTION: If you block or delete technical and/or function cookies used by the Website, the Website may become impossible to browse, certain services or functions of the Website may become unavailable or other malfunctions may occur. In this case, you may have to modify or manually enter some information or preferences every time you visit the Website.
Curvature uses Google Analytics on the Website. This is a tool developed by Google and used to collect information, which permits evaluation of the use of the Website, analysis of your behaviour and improvement of your experience with the Website. You can obtain more information about how to opt out of Google Analytics at: https://tools.google.com/dlpage/gaoptout.
2. Purposes of processing
Curvature intends to use your Personal Data, collected through the Website, for the following purposes:
- To verify your identity and assist you, in case you lose or forget your login / password details for any of Curvature’s registration services, to allow you to access different restricted areas and sections of the Website (such as the Customer Portals), to request quotes, to send messages to Curvature, and to provide any other Services which you may request (“Service Provision”);
- For future marketing, promotional and publicity purposes, including to carry out direct marketing, market research and surveys, via e-mail and/or SMS (“Marketing”);
- To create a profile of you as a Website user, through the use of profiling cookies and by collecting and analyzing information on the preferences you select and choices you make in the Website, as well as your general activities on the Website. This profile will be used to give you information about other websites / services which Curvature believes you may be interested in, and to show you information and advertisements which may be relevant to you and your interests. All algorithms involved in this processing are regularly tested, to ensure the processing’s fairness and control for bias (“Profiling”);
- For compliance with laws which impose upon Curvature the collection and/or further processing of certain kinds of Personal Data (“Compliance”);
- For development and administration of the Website, in particular by use of data analytics regarding how you and other users use the Website, as well as the information and feedback you provide, to improve our offerings (“Analytics”);
- To prevent and detect any misuse of the Website, or any fraudulent activities carried out through the Website (“Misuse/Fraud”).
3. Grounds for processing and mandatory / discretionary nature of processing
Curvature’s legal bases to process your Personal Data, according to the purposes identified in Section 3, are as follows:
- Service Provision: processing for these purposes is necessary to provide the Services and, therefore, is necessary for the performance of a contract with you. It is not mandatory for you to give Curvature your Personal Data for these purposes; however, if you do not, Curvature will not be able to provide any Services to you.
- Marketing: processing for these purposes is based on Curvature’s legitimate interest in promoting its goods and services to its existing and potential customer base. Though Curvature’s customers are exclusively legal persons (as Curvature does not supply goods or services to individuals), this implies the use of personal data on contact persons within those legal persons, such as names and contact details. Given the fact that these direct marketing communications are directed at legal persons, that they are collected in the context of a request for a quote or an actual sale of Curvature’s goods and services, and that individuals which receive these communications are entitled to opt-out at any time (including when their data is collected and within each communication sent), Curvature believes that its legitimate interest is not overridden by individuals’ rights, freedoms and interests. It is not mandatory for you to allow Curvature to use your Personal Data for these purposes, and you will suffer no consequence if you choose not to (aside from not being able to receive further marketing communications from Curvature).
- Profiling: processing for this purpose is based on your consent, given by accepting the use of profiling cookies. It is not mandatory for you to give consent to Curvature for use of your Personal Data for this purpose, and you will suffer no consequence if you choose not to (aside from not being able to benefit from greater personalization of your user experience regarding the Website). Any consent given may also be withdrawn at a later stage (please see Section 8 for more information).
- Compliance: processing for this purpose is necessary for Curvature to comply with its legal obligations. When you provide any Personal Data to Curvature, Curvature must process it in accordance with the laws applicable to it, which may include retaining and reporting your Personal Data to official authorities for compliance with tax, customs or other legal obligations.
- Analytics: Information collected for this purpose is used to allow Curvature to understand how users interact with the Website and to improve the Website accordingly, with the aim to providing a better user experience.
- Misuse/Fraud: Information collected for this purpose is used exclusively to prevent and detect fraudulent activities or misuse of the Website (for potentially criminal purposes).
4. Recipients of Personal Data
Your Personal Data may be shared with the following list of persons / entities (“Recipients”):
- Persons, companies or professional firms providing Curvature with advice and consultancy regarding accounting, administrative, legal, tax, financial and debt collection matters related to the provision of the Services;
- Entities engaged in order to provide the Services (e.g., hosting providers or e-mail platform providers);
- Persons authorized by Curvature to perform technical maintenance (including maintenance of network equipment and electronic communications networks);
- Persons authorized by Curvature to process Personal Data needed to carry out activities strictly related to the provision of the Services, who have undertaken an obligation of confidentiality or are subject to an appropriate legal obligation of confidentiality (e.g.,employees of Curvature);
- Other companies within the Curvature Group; and
- Public entities, bodies or authorities to whom your Personal Data may be disclosed, in accordance with the applicable law or binding orders of those entities, bodies or authorities;
5. Transfer of Personal Data
Considering Curvature’s worldwide presence and business operations, your Personal Data may be transferred to Recipients located in several different countries. Curvature implements appropriate safeguards to ensure the lawfulness and security of these Personal Data transfers, such as by relying on adequacy decisions from the European Commission, standard data protection clauses adopted by the European Commission, or other safeguards or conditions considered adequate to the transfer at hand.
6. Retention of Personal Data
Personal Data processed for Service Provision will be kept by Curvature for the period deemed strictly necessary to fulfil such purposes – in any case, as these Personal Data are processed for the provision of the Services, Curvature may continue to store this Personal Data for a longer period, as may be necessary to protect Curvature’s interests related to potential liability related to the provision of the Services.
Personal Data processed for Marketing will be kept by Curvature until you opt-out or unsubscribe. Once this is done, Personal Data will no longer be used for these purposes, although it may still be kept by Curvature, in particular as may be necessary to protect Curvature’s interests related to potential liability related to this processing.
Personal Data processed for Profiling will be kept by Curvature from the moment you give consent until the moment you withdraw the consent given. Once consent is withdrawn, Personal Data will no longer be used for these purposes, although it may still be kept by Curvature, in particular as may be necessary to protect Curvature’s interests related to potential liability related to this processing.
Personal Data processed for Compliance will be kept by Curvature for the period required by the specific legal obligation or by the applicable law.
Personal Data processed for Analytics and Misuse/Fraud will be kept by Curvature for as long as deemed strictly necessary to fulfil the purposes for which it was collected, unless you validly object to the processing of your Personal Data for these purposes (please see Section 8 for further information).
7. Data subjects’ rights
As a data subject, are entitled to exercise the following rights before Curvature, at any time:
- Access your Personal Data being processed by Curvature (and/or a copy of that Personal Data), as well as information on the processing of your Personal Data;
- Correct or update your Personal Data processed by Curvature, where it may be inaccurate or incomplete;
- Request erasure of your Personal Data being processed by Curvature, where you feel that the processing is unnecessary or otherwise unlawful;
- Request the restriction of the processing of your Personal Data, where you feel that the Personal Data processed is inaccurate, unnecessary or unlawfully processed, or where you have objected to the processing;
- Exercise your right to portability: the right to obtain a copy of your Personal Data provided to Curvature, in a structured, commonly used and machine-readable format, as well as the transmission of that Personal Data to another data controller;
- Object to the processing of your Personal Data, based on relevant grounds related to your particular situation, which you believe must prevent Curvature from processing your Personal Data; or
- Withdraw your consent to processing (for Profiling).
Please note that most of the personal information you provide to Curvature can be changed at any time, including your e-mail preferences, by accessing the user profile you can create on the Website.
You can object to the processing of your Personal Data for Marketing also by selecting the appropriate link included at the bottom of every marketing e-mail message received.
Aside from the above means, you can also exercise your rights described above by sending a written request to Curvature at the following address: DataPrivacy@Curvature.com
In any case, please note that, as a data subject, you are entitled to file a complaint with the competent supervisory authorities for the protection of Personal Data, if you believe that the processing of your Personal Data carried out through the Website is unlawful.
You may return Equipment within thirty (30) days of the date on which you received the Equipment subject to a restocking fee equal to 20% of the purchase price for such Equipment. You must return such Equipment in the same condition it was in when it was initially delivered to you.
We will replace non-working or defective Equipment in accordance with the terms of our Warranty as set forth below.
If you wish to return any Equipment, you must first contact us for prior authorization and additional instructions. You may contact us at firstname.lastname@example.org.
The return policy set forth above only applies to pre-owned and refurbished original equipment manufacturer (“OEM”) branded equipment, OEM branded equipment acquired outside of authorized resale channels (i.e. “new in box” or “out of channel” equipment) and new Curvature branded equipment (collectively, the “Equipment”). Returns of new OEM branded equipment are subject to the return polices of the OEM.
Software, maintenance contracts, support contracts, warranty contracts and other special order items may not be returned.
Curvature’s Equipment Warranty
This warranty is effective as of September 17, 2018 and applies to pre-owned and refurbished original equipment manufacturer (“OEM”) branded equipment, OEM branded equipment acquired outside of authorized resale channels (i.e. “unused in box”, “new in box” or “out of channel” equipment) and new Curvature branded equipment (collectively, the “Equipment”).
Curvature warrants that the Equipment sold to Buyer will be free from defects in material and workmanship for the lifetime of such Equipment provided that the Equipment is properly used and maintained.
Notwithstanding the foregoing, the warranty for certain Equipment shall be limited. Pre-owned X86 servers and all complex server products (excluding hard drives and solid-state drives) will carry a lifetime warranty but only for so long as the original configuration is maintained on the Equipment. Any changes to the original configuration will invalidate the warranty. The warranty period for pre-owned hard drives and solid-state drives and other pre-owned storage products (including storage systems, controllers, shelves, tape drives and libraries) will be one year from the date of shipment. The warranty period for Curvature-branded solid-state drives shall expire upon the earlier of: (a) three years from the date of shipment or (b) the point at which the use of the drive exceeds the stated endurance limit as set forth in the applicable product specifications.
During the warranty period, Curvature will, at its discretion, either replace defective Equipment with a properly functioning unit (“Replacement Equipment”) or issue a credit to Buyer for the purchase price paid by Buyer for the defective Equipment. Curvature reserves the right to replace defective Equipment with the same model or an upgraded model with comparable functionality.
Buyer may open a warranty claim by contacting the Curvature support desk via phone at 800-301-9850 or electronically at email@example.com. Curvature Maintenance customers may open a ticket directly through the singlePoint ticketing system.
Buyer must ship the defective Equipment back to Curvature unless otherwise agreed upon. Buyer must do so within ten days of receipt of Replacement Equipment or refund, whichever is applicable. If Buyer fails to return the defective Equipment, and if Curvature issued Buyer a credit for the defective Equipment, Curvature may cancel the credit. If Buyer fails to return the defective Equipment, and if Curvature sent Replacement Equipment, Buyer shall be liable for the cost of such Replacement Equipment and Curvature shall invoice Buyer accordingly.
Curvature shall cover the costs of shipping the defective Equipment back to Curvature but only if shipped from the same location to which Curvature initially delivered the Equipment or another location with comparable shipping costs. Buyer must obtain a valid return authorization number from Curvature prior to returning defective Equipment. In addition, Buyer must ship the defective Equipment using Curvature’s account with its preferred carrier. If Buyer ships such defective Equipment per a different account or with a different carrier, Curvature will not be liable for shipping costs.
If Buyer returns Equipment claiming that it was defective but it is determined not to have been defective, Buyer shall be liable for all shipping costs associated with such improper return. In addition, if Curvature issued Buyer a credit for such improperly returned Equipment, Curvature may cancel the credit and if Curvature sent Replacement Equipment for such improperly returned Equipment, Buyer shall be liable for the cost of such Replacement Equipment and Curvature shall invoice Buyer accordingly.
Curvature will pay for the costs to ship Replacement Equipment to the Buyer but only if shipped to the same location to which Curvature initially delivered the Equipment or another location with comparable shipping costs. Replacement Equipment will be shipped using Curvature’s preferred carrier, freight prepaid by Curvature. Curvature shall also cover the cost of any import duties, taxes or other similar fees, arising in connection with the shipment of such Equipment, except for any such duties, taxes or fees arising as a result of shipments to or from India, China, Russia, Central America, South America, Philippines, South Korea, Thailand, or Saudi Arabia, which shall be Buyer’s responsibility.
This warranty does not apply to any failure of the Equipment due to misuse, abuse, accident, neglect, mishandling, lack of proper maintenance, environmental factors, improper installation or configuration, flood, fire or other natural disasters, physical damage, electrical issues such as lightning, power surges or incorrect electrical voltages, or improper modifications.
This warranty is nontransferable and only valid for the original purchaser of the Equipment (“Buyer”).
This warranty does not apply to any new OEM branded equipment for which Curvature is an authorized reseller or any new OEM branded equipment acquired for resale by Curvature from an authorized reseller. Warranties for such equipment are provided solely by the manufacturer of the equipment. CURVATURE EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO ANY SUCH EQUIPMENT, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. To the extent it is authorized to do so, Curvature will pass through to the Buyer any transferable warranties. Curvature’s sole responsibility with respect to any such warranties is to provide Buyer with reasonable assistance in its efforts to have the manufacturer honor the warranties.
This warranty does not apply to any products purchased in wholesale transactions. This warranty does not cover mainframes, software, batteries, licenses or any equipment provided as part of Curvature’s maintenance services or other services. Curvature disclaims any warranty, express or implied, for such goods and services, except as separately agreed to in writing by Curvature.
EXCEPT AS SET FORTH ABOVE, OR AS OTHERWISE AGREED TO BY CURVATURE IN WRITING, CURVATURE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH REGARD TO THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, SUITABILITY, OR NON-INFRINGEMENT.
THE REMEDY OF REPLACEMENT OR REFUND, AS DETERMINED IN CURVATURE’S SOLE DISCRETION, WILL BE THE EXCLUSIVE AND SOLE REMEDY OF BUYER WITH RESPECT TO ANY CLAIMS BASED ON THE EQUIPMENT. IN NO EVENT SHALL CURVATURE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONTINGENT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGE OR LOSS OF OTHER PROPERTY OR GOODS, LOSS OF PROFITS OR REVENUE, LOSS OF USE OR LOSS OF DATA.
THE LIFETIME WARRANTY COVERAGE SET FORTH ABOVE TERMINATES UPON THE SALE OR TRANSFER OF THE EQUIPMENT BY BUYER TO ANOTHER PARTY.
Hardware and Software Updates
Curvature is a supplier of pre-owned hardware and a provider of third-party maintenance and support. As such, we are not responsible for software updates as those must be supplied by the original manufacturer. We can, however, offer hardware replacements with alternate or newer hardware; costs for this can be supplied upon request. If a customer is interested in an individual device or platform research around software updates, Curvature can also provide that service at an additional cost.
Selling Equipment to Curvature
We honor our commitments and we expect anyone who sells us equipment to do the same. If we buy equipment from you and such equipment is not in good physical and working condition with valid serial numbers, we expect you to refund all amounts we paid for such equipment. We will only buy equipment from legitimate suppliers who are able to convey to us clear and free title to the equipment.
To request a bid for your equipment, click here.
Curvature LLC Purchase Order Terms and Conditions for North America and South America
- General Application. These terms and conditions and the Purchase Order to which they are attached (together, the “Agreement”) govern the purchase of the equipment, software and services specified in the Purchase Order by Curvature LLC (“Curvature”) from the person or entity identified as the seller in the Purchase Order (“Seller”). Any services specified on the Purchase Order are referred to herein as the “Services” and any equipment or software specified on the Purchase Order is referred to herein collectively as the “Goods”. By accepting the Purchase Order, Seller agrees to be bound by these terms and conditions. Notwithstanding the foregoing, if Curvature and Seller have entered into a written agreement applicable to the Goods and Services then such agreement shall govern the Purchase Order and these terms and conditions shall be inapplicable.
- Prices and Payment; Taxes. The agreed upon price for the Goods and Services is set forth in the Purchase Order. Payment shall be due as set forth in the Purchase Order, or, if not set forth in the Purchase Order, payment shall be due on the later of (a) thirty (30) days from Curvature’s receipt of Seller’s invoice and (b) the expiration of the Inspection Period. Curvature shall be responsible for all taxes imposed by any governmental authority relating to the purchase of the Goods and Services, except for any such taxes based on Seller’s income, and all such taxes shall be set forth on the applicable invoice. Seller shall remit all such taxes to the proper taxing authority.
- Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, exclusive of conflicts of law provisions that would permit or require the application of the laws of another jurisdiction.
- Dispute Resolution and Arbitration. Any claim, dispute or controversy arising out of or relating to the Goods and Services or this Agreement shall be resolved exclusively by binding arbitration in Los Angeles, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Curvature LLC Purchase Order Terms and Conditions for Europe
- Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of the Netherlands, exclusive of conflicts of law provisions that would permit or require the application of the laws of another jurisdiction.
- Dispute Resolution and Arbitration. Any claim, dispute or controversy arising out of or relating to the Goods and Services or this Agreement shall be resolved exclusively by binding arbitration in Amsterdam, The Netherlands.
Curvature Singapore Pte. Ltd. Purchase Order Terms and Conditions
- General Application. These terms and conditions and the Purchase Order to which they are attached (together, the “Agreement”) govern the purchase of the equipment, software and services specified in the Purchase Order by Curvature Solutions Pte. Ltd. (“Curvature”) from the person or entity identified as the seller in the Purchase Order (“Seller”). Any services specified on the Purchase Order are referred to herein as the “Services” and any equipment or software specified on the Purchase Order is referred to herein collectively as the “Goods”. By accepting the Purchase Order, Seller agrees to be bound by these terms and conditions. Notwithstanding the foregoing, if Curvature and Seller have entered into a written agreement applicable to the Goods and Services then such agreement shall govern the Purchase Order and these terms and conditions shall be inapplicable.
- Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of Singapore.
- Dispute Resolution and Arbitration. Any claim, dispute or controversy arising out of or relating to the Goods and Services or this Agreement (collectively, the “Claims”) shall be resolved exclusively by binding arbitration in accordance with the Arbitration Rules of the Singapore Arbitration Centre. The Tribunal shall consist of three (3) arbitrators. Each party shall nominate one arbitrator, and the third arbitrator shall be appointed by the two so appointed. The language of the arbitration shall be English. The Tribunal shall give a written record of the Award and the reasons therefor.
Curvature Japan G.K. Purchase Order Terms and Conditions
- General Application. These terms and conditions and the Purchase Order to which they are attached (together, the “Agreement”) govern the purchase of the equipment, software and services specified in the Purchase Order by Curvature Japan G.K. (“Curvature”) from the person or entity identified as the seller in the Purchase Order (“Seller”). Any services specified on the Purchase Order are referred to herein as the “Services” and any equipment or software specified on the Purchase Order is referred to herein collectively as the “Goods”. By accepting the Purchase Order, Seller agrees to be bound by these terms and conditions. Notwithstanding the foregoing, if Curvature and Seller have entered into a written agreement applicable to the Goods and Services then such agreement shall govern the Purchase Order and these terms and conditions shall be inapplicable.
- Governing Law. This Agreement shall be governed by, and construed in accordance with, the laws of Japan.
- Dispute Resolution and Arbitration. All disputes, controversies or differences which may arise between the parties hereto, out of or in relation to or in connection with this Agreement shall be finally settled by arbitration in Tokyo in accordance with the Commercial Arbitration Rules of the Japan Commercial Arbitration Association.
Curvature Equipment Quote Terms and Conditions
- General Application. These terms and conditions and the “Quote” into which they are incorporated by reference (together, the “Agreement”) shall govern the sale of the equipment and other products specified in the Quote (the “Equipment”) by the Curvature entity identified on the Quote (“Curvature”) to the buyer identified on the Quote (“Buyer”). By accepting the Quote and/or issuing a purchase order for the Equipment, Buyer agrees to be bound by these terms and conditions. Curvature’s offer to sell the Equipment is expressly conditioned on Buyer’s acceptance of these terms and conditions. Curvature’s acceptance of any offer by Buyer to purchase the Equipment is also expressly conditioned on Buyer’s acceptance of these terms and conditions. No other terms and conditions (including any pre-printed terms and conditions attached to Buyer’s purchase order) shall apply. Notwithstanding the foregoing, if Curvature and Buyer have entered into a separate written master agreement applicable to the Equipment then such agreement shall govern the sale of the Equipment and these terms and conditions shall be inapplicable.
- Purchase and Sale. Curvature hereby offers to sell the Equipment to Buyer and Buyer may accept such offer by accepting the Quote in writing and/or issuing a purchase order for the Equipment thereby creating an “Order”. By accepting such offer, Buyer hereby authorizes Curvature to act as Customer’s representative in (a) the acquisition of, registration of, and/or acceptance of any terms and conditions necessary to acquire, licenses related to third-party software on the Equipment, (b) the installation of such software on the Equipment, and (c) the acquisition of any third-party maintenance or service plans/contracts pertaining to the Equipment. Curvature makes no representation or warranty as to whether any license or contract purchased pursuant to this authorization will be deemed valid by the software owner/licensor and/or maintenance/service provider. Buyer may not cancel an Order unless Curvature agrees in writing to such cancellation.
- Prices and Payment; Taxes. The agreed upon price for the Equipment is set forth on the Quote and will be set forth in the corresponding invoice generated by Curvature (each an “Invoice”). Buyer shall be responsible for all shipping charges, and any applicable taxes (e.g. sales tax, VAT, GST), fees, duties, levies, or similar charges imposed by any governmental authority relating to the purchase of the Equipment (except for any taxes based on Curvature’s income). The shipping charges and applicable taxes will also be set forth on the Invoice. Payment shall be due 30 days from receipt of Invoice unless stated otherwise on the Invoice. Amounts not paid when due shall bear interest at the rate of 1.5% per month (18% per annum) or the highest rate allowed under applicable law, whichever is lower. All payment obligations are absolute and are not subject to counterclaim or setoff.
- Shipment; Title and Risk of Loss. Unless stated otherwise on the Quote, title to, and risk of loss of, the Equipment shall pass to Buyer when the carrier takes possession of the Equipment at Curvature’s shipping point. All delivery dates are approximate. Curvature will deliver in one shipment when possible but reserves the right to make delivery in installments.
- Inspection and Acceptance of Goods. Failure to reject the Equipment due to material non-conformance to this Agreement within seven (7) days after delivery constitutes acceptance of the Equipment by Buyer.
- Warranty and Return Policy. Curvature’s warranty on the Equipment can be found at the following page: https://www.curvature.com/PoliciesAndWarranty#Warranty.
Curvature’s return policy for the Equipment can be found at the following page: https://www.curvature.com/PoliciesAndWarranty#ProductReturns.
- Disclaimer; Limitation of Liability. THE ABOVE LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND CURVATURE DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES. THE REMEDY OF REPAIR, REPLACEMENT OR REFUND, AS SELECTED BY CURVATURE, WILL BE THE EXCLUSIVE AND SOLE REMEDY OF BUYER WITH RESPECT TO ANY DEFECTIVE EQUIPMENT. CURVATURE SHALL NOT BE LIABLE TO BUYER, WHETHER IN CONTRACT, TORT OR OTHERWISE, (A) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS OR LOSS OF REVENUE (EVEN IF SUCH DAMAGES ARE FORESEEABLE, AND WHETHER OR NOT IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR (B) IN AN AMOUNT GREATER THAN THE TOTAL AMOUNT PAID TO CURVATURE BY BUYER UNDER THIS QUOTE.
- Export Restrictions. All Equipment is exported in accordance with the United States Export Administration Act of 1979 as amended, the United States Export Administration Regulations (“EAR”), EU Regulation 428/2009, Singapore’s Strategic Goods Control Act and all other applicable laws and regulations and international treaties and agreements (collectively, the “Applicable Laws”), and any diversion or re-export by Buyer contrary to the Applicable Laws is strictly prohibited. Buyer hereby agrees that it will strictly comply with the Applicable Laws. In furtherance of the foregoing, Buyer shall neither sell nor transfer any Equipment to: (a) any person, company or other entity if Buyer knows or has reason to know that the Equipment will be re-exported, sold or otherwise transferred in violation of the Applicable Laws; (b) any person, company or other entity appearing on any of the EAR lists of prohibited persons or entities, including but not limited to the Table of Denial Orders, or the Specially Designated Nationals List administered by the U.S. Treasury Department Office of Foreign Assets Control; (c) any person, company or other entity located in Cuba, Iran, North Korea, Sudan, Syria or any other country where US-origin items, software or technology may not be exported under the EAR, from time to time; or (d) any person, company or other entity if Buyer knows that such Equipment is for use in connection with design, development, production, stockpiling or use of nuclear, chemical or biological weapons or missile delivery systems for these weapons, or at a facility at which such activities are taking place. Buyer agrees to indemnify and hold harmless Curvature against any claim, demand, action, proceeding, judgment, penalty, fine, loss, liability, cost or expense (including reasonable attorneys’ fees) suffered or incurred by Curvature, and arising out of or relating to any violation, or alleged violation, by Buyer or any of its customers of the Applicable Laws.
- Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to conflict of law provisions thereof. Each party hereto consents to the exclusive jurisdiction of the state courts of North Carolina, Mecklenburg County, for any litigation that may arise out of this Agreement and each party hereto waives any objection based on forum non conveniens or any other objection to such venue.
- Notices. Any notice, approval or other communication to the other party under this Agreement must be submitted by facsimile, email, overnight express mail or certified or registered mail (postage prepaid, return receipt requested) to the contact details provided by the other party in the Quote and/or purchase order and shall be effective upon receipt.
- Miscellaneous. If either party fails to perform its obligations because of strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, then that party’s non-performance shall be excused until such time as the cause of such non-performance has ended. Notwithstanding the foregoing, if such an event continues for more than ten (10) days, the other party shall be permitted to terminate this Agreement in its discretion. This Agreement is made solely for the benefit of Curvature and Buyer and their respective successors and assigns, and no other person or entity shall have or acquire any right by virtue of this Agreement. The waiver of a provision, covenant, condition or right, or an extension of time, will be effective only if made in writing, and will not be construed as a subsequent waiver of the same or any other provision, covenant, condition or right, or an extension of any other time. Except as may be set forth in a written agreement signed between Curvature and Buyer, this Agreement constitutes the final, complete, and exclusive statement of the terms of the purchase and sale of the Equipment between the parties and supersedes all prior and contemporaneous understandings or agreements of the parties. In the event any provision of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable part had been severed and deleted. The prevailing party in any action, suit, arbitration or proceeding arising from or based upon this Agreement shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to the costs of such action, suit, or proceeding. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties to this Agreement.