Terms & Conditions
Standard Terms & Conditions for Purchase Orders from Libertas IT.
Version: Jan 2025
1. The Contract
These Terms and Conditions shall constitute the exclusive agreement between Libertas IT (hereinafter “LIT”) and the Seller for the purchase of equipment. Any additional or conflicting terms proposed by the Seller will not be binding unless explicitly agreed upon in writing by both parties.
2. Equipment/Products
The Seller agrees to deliver the equipment, including part numbers and quantities, exactly as specified in the Purchase Order. Any deviations from this must be pre-approved in writing by LIT. Failure to comply with this requirement shall constitute a breach of contract.
Seller guarantees all equipment has been properly data-erased per industry standards (e.g., NIST SP 800-88). Non-compliance will make the Seller liable for any data privacy breaches and penalties. LIT may reject the delivery or demand a refund.
The equipment must be fully operational and free from any defects. LIT will not accept equipment with any minor errors or failures. LIT will inspect and test equipment upon delivery. If the equipment is damaged or not as specified, LIT may return it at Seller’s expense or withhold payment until compliance is confirmed.
All accessories related to the equipment, such as cables, rails, fronts, and keys, must be included.
3. Packaging
The Seller is responsible for ensuring the equipment is properly packaged to prevent damage during transportation. Packaging must meet the following minimum standards:
Boxed Equipment: Anti-static bubble wrap, secure fillers, and sturdy boxes designed for the equipment.
Palletized Equipment: Fully wrapped in anti-static bubble wrap, secured with pallet straps, and covered with stretch film for added protection.
Rack-mounted Equipment: Placed on EUR-pallets, securely locked, with keys taped to the rack. Wrapped in anti-static bubble wrap and covered with stretch film.
If the Seller encounters any issues fulfilling these packaging requirements, they must inform LIT at least one (1) day before the agreed availability or pickup date.
Failure to meet packaging requirements may result in LIT rejecting the delivery or holding the Seller liable for any resulting damages.
4. Delay
The Seller must promptly notify LIT in writing of any anticipated delays. If the delivery exceeds 5 business days from the agreed date, LIT reserves the right to:
Cancel the contract and claim damages for any resulting losses.
Impose a penalty of 5% of the purchase price for each week the delivery is delayed, capped at 20% of the total purchase price.
5. Warranty
The Seller guarantees the following warranties:
Free of Claims: The equipment is free from any encumbrances, liens, charges, or claims. LIT will obtain full, unencumbered ownership upon purchase.
Original Manufacture: The equipment is of original manufacture and has not been altered or counterfeited.
Maintenance and De-installation: The equipment has been properly maintained and inspected prior to de-installation, which must be carried out by the original manufacturer or an authorized party, unless otherwise agreed upon.
Data Erasure: The equipment has been thoroughly data-erased or wiped to industry standards, unless otherwise agreed. The Seller is responsible for any data privacy breaches caused by failure to comply.
Operating System Firmware: The equipment includes all necessary operating system firmware pre-installed, unless otherwise agreed.
Physical Condition: The equipment is in “like-new” condition, free from visible damages, dents, or scratches, unless otherwise agreed upon in writing prior to delivery.
Warranty Coverage: The Seller provides a 12-month warranty from the delivery date, covering repairs, replacements, or refunds for defective equipment. The choice of remedy (repair, replacement, or refund) is at the sole discretion of LIT.
6. Assignment
The Seller may not assign this contract or any of its rights and obligations without the prior written consent of LIT, which may be withheld at LIT’s sole discretion.
7. Settlement of Disputes
Any disputes arising from or relating to this contract will be resolved exclusively in the courts.
Standard Terms & Conditions for Sales Orders from Libertas IT.
Version: Jan 2025
1. The Contract:
These Terms and Conditions constitute the entire agreement between the “Buyer” and Libertas IT (“LIT”) for the sale of equipment. Additional or conflicting terms proposed by the “Buyer” are not binding unless explicitly agreed upon in writing by “LIT.”
2. Equipment:
All equipment sold by “LIT” is used unless specified otherwise. No software, licenses, or warranties are included unless stated in the Order. The “Buyer” is responsible for compliance with import, export, and usage regulations. “LIT” is not liable for non-compliance.
3. Payment Terms:
- Payment Due Date
The payment due date is based on agreed terms:- Upfront Payment: Full payment due upon order confirmation, with possible discounts.
- Payment on Arrival: Full payment due upon delivery to the specified location.
- Credit Terms: Payment due within 14 days post-delivery; sale price may be adjusted with possible interest for late payments. Final payment details will be confirmed in the Order Confirmation.
- Credit Terms for Trusted Clients:
“LIT” may offer 45-day credit terms at its discretion. Credit terms will be revoked immediately for overdue payments. - Accepted Payment Methods:
Payments must be made via bank transfer or Bitcoin to the specified account/address. Other payment forms require prior written agreement. - Currency of Payment:
Payments are in EUR/USD as specified in the invoice. The “Buyer” is responsible for associated fees. - Late Payments:
- LIT may charge interest of 1% per week on overdue payments.
- LIT may suspend future deliveries or cancel the contract until all overdue payments are cleared.
- Retention of Title:
Ownership remains with LIT until full payment is received. In case of non-payment, LIT reserves the right to reclaim the equipment at the “Buyer”’s expense. - Disputed Invoices:
Disputes must be raised within 2 days of the invoice date. Undisputed amounts must still be paid on time. - Payment Verification:
Payment is not complete until the full amount is received and cleared in LIT’s account.
4. Property of the Equipment:
Ownership of equipment transfers to the “Buyer” only upon full payment. Until then, LIT retains full ownership.
5. Delivery:
All sales are based on Ex-Works (EXW) Incoterms. Delivery is complete when equipment is handed to the transporter. Risk transfers to the “Buyer” at this point. Any missing or incorrect items must be reported within 24 hours of delivery.
6. Cancellation Policy:
Orders are non-cancellable and non-refundable once confirmed, except when agreed upon in writing by LIT.
7. Notification of Damage:
The “Buyer” must inspect equipment upon receipt and notify LIT of visible damage within the same day. Claims after this period are not accepted.
8. Notification of Defect:
The “Buyer” must test equipment within 5 business days of delivery to ensure full functionality. Defects must be reported within this period with supporting evidence (photos, serial numbers, etc.).
9. Return of Defective Equipment:
Defective equipment must be securely packaged for return, ideally in original packaging. Improper packaging may result in rejection or additional charges for transit damages.
10 Legal Responsibility:
LIT’s liability is limited to the total purchase price of the equipment. LIT is not liable for indirect, incidental, or consequential damages unless gross negligence is proven.
11. Force Majeure:
LIT is not liable for delays or losses due to events beyond its control (e.g., natural disasters, strikes, war). Delivery times may be extended, or orders may be canceled without liability.
12. Assignment:
The contract cannot be assigned by the “Buyer” without LIT’s written consent, which may be withheld at LIT’s discretion.
13. Settlement of Disputes:
Any disputes will be resolved exclusively in the courts.