1. Scope and Applicability
These Hardware Sales Terms and Conditions ("Hardware Terms") govern the sale of telephones, adapters, headsets, gateways, and other physical equipment ("Hardware") by OktoRocket, operated by ShopRocket, LLC ("OktoRocket," "the Company," "we," "us"), to customers ("Customer," "you"). These Hardware Terms apply in addition to, and do not replace, OktoRocket’s Terms and Conditions or Master Services Agreement governing the underlying SaaS and VoIP services. In the event of a conflict specific to Hardware purchases, these Hardware Terms control.
2. Orders, Pricing, and Payment
- All Hardware orders are subject to acceptance by OktoRocket. OktoRocket may accept, reject, or partially fulfill any order at its discretion, including due to inventory availability or pricing errors.
- Prices are as quoted at the time of order and are exclusive of applicable sales, use, or excise taxes, which are the Customer's responsibility unless a valid exemption certificate is provided.
- Payment is due at time of order unless otherwise agreed in writing. OktoRocket billing is full-month/full-order; no partial payment or proration applies to Hardware purchases.
3. Shipping, Risk of Loss, and Title
- Shipping timelines provided are estimates only.
- Risk of loss and damage passes to Customer upon delivery to the carrier, unless otherwise required by applicable law.
- Title to Hardware passes to Customer upon full payment. OktoRocket represents that title to all Hardware shall be free from any security interests, liens, and encumbrances at the time of delivery to Customer.
4. Manufacturer Warranty; Disclaimer of OktoRocket Warranty
- Hardware is covered solely by the original equipment manufacturer’s ("Manufacturer") warranty, the terms of which are provided by the Manufacturer and incorporated by reference. OktoRocket passes through, but does not itself provide or extend, any Manufacturer warranty.
- EXCEPT FOR THE MANUFACTURER’S WARRANTY PASSED THROUGH ABOVE, OKTOROCKET SUPPLIES HARDWARE "AS IS" AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Customer's exclusive remedy for a defective unit during the Manufacturer's warranty period is repair or replacement as provided under the Manufacturer's warranty terms, processed through OktoRocket's RMA process below.
- Any warranties, conditions, or terms implied by common law, statute, or otherwise in connection with these Hardware Terms are expressly excluded to the fullest extent permitted by law.
5. Return Merchandise Authorization (RMA) Process
- Customer must open a support ticket with OktoRocket prior to returning any Hardware; unauthorized returns may be refused or subject to delay. Your ticket will act as the RMA for hardware returns.
- Hardware may be returned for any reason within 30 days after delivery. RMA requests for defect claims after this period must be submitted within the applicable Manufacturer warranty period.
- Returned Hardware must be in original packaging with all accessories, unless being returned specifically because of a missing-accessory defect.
- Non-defective returns are subject to a $25 restocking fee per device.
- Hardware confirmed defective under Manufacturer warranty will be repaired or replaced per Manufacturer terms; OktoRocket does not issue cash refunds for warranty claims after the standard return window unless required by law.
- Customer bears return shipping costs for non-defective returns; OktoRocket bears return shipping costs for confirmed warranty defects, consistent with Manufacturer policy.
6. Regulatory Compliance Specific to VoIP Hardware
- Certain Hardware (e.g., IP phones, ATAs) is intended for use with OktoRocket's VoIP services and is subject to FCC E911 obligations described in OktoRocket's 911/E911 Notice. Customer is responsible for ensuring Registered Location information is accurate for any location where Hardware is installed.
- Hardware is provided subject to FCC equipment authorization requirements (47 CFR Part 15/68, as applicable); Customer may not modify Hardware in a manner that voids its FCC equipment authorization.
7. Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, OKTOROCKET’S TOTAL LIABILITY ARISING FROM OR RELATED TO THE SALE OF HARDWARE SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER FOR THE SPECIFIC UNIT(S) OF HARDWARE GIVING RISE TO THE CLAIM.
- IN NO EVENT SHALL OKTOROCKET BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, ARISING FROM HARDWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- This limitation does not apply to liability arising from OktoRocket's gross negligence, willful misconduct, or where such limitation is prohibited by applicable law.
8. Indemnification
- Customer agrees to indemnify and hold OktoRocket harmless from claims arising out of Customer's misuse, unauthorized modification, or negligent handling of Hardware, except to the extent caused by OktoRocket's or the Manufacturer's own defect or negligence.
9. Export Compliance
- Hardware may be subject to U.S. export control laws. Customer agrees not to export or re-export Hardware in violation of such laws and represents it is not located in, or a national of, any country subject to U.S. embargo, and is not on any U.S. government restricted-party list.
10. Cancellation
- Orders may be canceled prior to shipment without penalty. Orders canceled after shipment are treated as returns under Section 5.
11. Governing Law
- These Hardware Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-law principles, with venue in Williamson County, Tennessee, consistent with OktoRocket's other governing documents.
12. Entire Agreement
- These Hardware Terms, together with OktoRocket's Terms and Conditions or Master Services Agreement (as applicable) and any Manufacturer warranty documentation, constitute the entire agreement between the parties regarding Hardware purchases.