Ordering, Shipping and Payment
Orders: Orders submitted electronically by Customer shall be considered for all purposes to (i) be a “writing” or “in writing”; (ii) be “signed”; (iii) constitute an “original” when printed from electronic records established and maintained in the ordinary course of business; and, (iv) be valid and enforceable. Xerox may accept an order by commencing performance (e.g., Product delivery).
Products: As used herein, “Products” refers collectively to (i) Xerox-brand equipment (“Xerox Equipment”) and Xerox-brand software (“Xerox Software”); (ii) third party hardware (“Third Party Hardware”) and/or third party software (“Third Party Software”) (collectively, “Third Party Products”) that are available for acquisition through the Xerox eStore. You represent that the Products are being ordered for your own business use (rather than resale) and that they will not be used for personal, household or family purposes.
Prices: The prices that will be charged for each Product are shown in the shopping cart, and in the order confirmation pages. Product prices do not include shipping & handling or sales tax. U.S. domestic prices apply to Products purchased in the U.S. for use in the U.S. Shipping and handling charges and taxes will be listed separately on order confirmation pages and invoices.
Payment & Invoices: Payment must be made by credit card in U.S. dollars. Credit cards accepted are Visa, MasterCard, and American Express. Shipment of Customer's order is subject to approval of the purchase by the financial institution that issued Customer's credit card. If Customer's credit card and purchase are accepted and approved, Customer agrees to pay its obligations to its credit card issuer as required under the terms of Customer's agreement with the issuer.
Seller will issue an invoice that provides confirmation of credit card charges applied to Customer's card, which invoice will be sent to the billing address specified in Customer's order.
Taxes: Xerox Corporation is registered to do business in all of the United States. You shall be responsible for any and all applicable Taxes, which will be included in the order confirmation page and Xerox's invoice unless you provide proof of your tax exempt status. "Taxes" shall mean any tax, assessment or charge imposed or collected by any governmental entity or any political subdivision thereof, however designated or levied, imposed on this Agreement or the amounts payable to Xerox by you for the billing of Products, Print Charges, services and maintenance of any kind. Taxes include, but are not limited to, sales and use, rental, excise, gross receipts and occupational or privilege taxes, plus any interest and/or penalty thereon, but excluding taxes on Xerox's net income. Taxes will be applied based on shipping address. If a taxing authority determines that Xerox did not collect all applicable Taxes, you shall remain liable to Xerox for such additional Taxes.
Non-Electronic Shipping & Delivery: The following section shall apply to Products not delivered electronically. Seller will ship based on its Product availability and shipping capability. Seller may make partial shipments. All Product shipments will be made FOB origin. Xerox will ship Products using Xerox’s carrier of choice in accordance with Xerox’s shipping policies at the time of shipment. Notwithstanding anything to the contrary herein, additional charges may apply for unusually heavy or large items or for shipment of materials designated as hazardous in accordance with Federal and/or International Air Transportation regulations. COD and additional fees may also apply. Seller will bill Customer a freight/insurance charge shown on the invoice as a single item identified as a shipping and handling charge. Seller will not be liable for any delay or failure to deliver resulting from circumstances beyond Seller's reasonable control or which would cause Seller to incur unreasonable expense to avoid. These terms shall apply even if Xerox chooses to offer free shipping.
Shipping Addresses: A given order may ship to a single address in the 50 United States. Xerox cannot ship to other destinations outside the United States, or to a Post Office Box. To ship Products to more than one address requires multiple orders, one per address. For each new shipping address, you must enter billing information, even if it is the same as for the previous address. This is a security precaution to protect against misuse of your account.