When you place an order that is accepted by an authorized Manta sales representative, you are entering into an agreement between yourself (the Buyer) and Manta for the sale of the specified courseware license(s). Following are the terms of that agreement.
In consideration of the mutual promises herein contained, the parties hereto agree as follows:
Sale. Manta agrees to sell, transfer and
convey to Buyer, and Buyer agrees to purchase a license to use the Manta
courseware specified in the Sales Agreement. The Manta License specifies the terms
and conditions under which the courseware may be used.
Price. Buyer agrees to pay Manta for the
products and licenses ordered. Prices are
published in the Manta catalog and on the Manta web site and are subject to
change without notice. Given a
price change by Manta, Buyer has the right to terminate this agreement upon
notification of the change.
Payment. Buyer shall make payment of the
purchase price in full within thirty (30) days following delivery of the courses
by Manta as provided herein, subject to Buyer's right of inspection as set forth
in Section 5 below. In the event
that the purchase price is not timely paid, in addition to its other remedies,
Manta may impose, and Buyer shall pay, a late payment charge equal to one
percent (1.5%) of the overdue amount each month.
Shipping. Because all courses are delivered online, no shipping is required. Instructions will be e-mailed to the specified contact person.
Inspection. Buyer shall have the right to review the courses and terminate the license agreement
for any reason within fifteen (15) calendar days after purchase.
To terminate the agreement, Buyer must call or e-mail a Manta representative and return the original Invoice or Sale Receipt marked with "Cancel." Failure of Buyer to comply with these conditions within the time set forth herein shall constitute irrevocable acceptance of the course license by Buyer. A 5% return fee will be applied to purchases made with credit cards (such as Visa and MasterCard) that impose seller fees for both sales and returns.
Warranty. Manta makes the following limited
warranties, for a period of 30 days from the date the Buyer acquires the
courseware from Manta:
The courseware delivered by Manta
will materially conform to the description in the Manta course catalog. If the courseware
fails to operate in accordance with this warranty, the Buyer may, as its sole and exclusive
remedy, return all of the courseware and documentation received, if any, to Manta, along
with a dated proof of purchase, specifying the problem, and Manta will provide the Buyer
with a full refund.
7. Warranty Disclaimer. Manta does not warrant that the courseware will meet the Buyer's requirements or that its operation will be uninterrupted or error free. Manta excludes and expressly disclaims all expressed and implied warranties not stated herein, including the implied warranties of merchantability and fitness for a particular purpose.
8. Limitation of Liability. Manta's liability to the Buyer for any losses shall be limited to direct damages, and shall not exceed the amount the Buyer originally paid for the courseware license. In no event will Manta be liable to the Buyer for any indirect, special, incidental, or consequential damages (including loss of profits) even if Manta has been advised of the possibility of such damages.
License. The license to use the Manta courseware
shall not pass from Manta to Buyer until Buyer has paid in full the purchase
price to Manta.
Taxes. Buyer shall pay or reimburse Manta as
appropriate for any sales, use, excise or other tax imposed or levied with
respect to the payment of the purchase price for the courseware or the
conveyance of the license to use the courseware to the Buyer. In no event shall Buyer be responsible
for any tax imposed upon Manta based upon Manta's income or for the privilege of
Notices. Any notice required by this
Agreement or given in connection with it, shall be in writing and shall be given
to the appropriate party by personal delivery or by certified mail, postage
prepaid, or recognized overnight delivery services at the addresses shown on the
Law. This Agreement shall be construed and
enforced in accordance with the laws of the state of Colorado.
Agreement. This Agreement terminates and
supersedes all prior understandings or agreements on the subject matter
hereof. This Agreement may be
modified only by a further writing that is duly executed by both parties.
Severability. If any term of this Agreement is held by
a court of competent jurisdiction to be invalid or unenforceable, then this
Agreement, including all of the remaining terms, will remain in full force and
effect as if such invalid or unenforceable term had never been included.
Headings. Headings used in this Agreement are
provided for convenience only and shall not be used to construe meaning or
Transactions: If the Buyer acquired this
courseware in Canada, the Buyer agrees to the following:
The parties hereto have expressly required that the present Agreement and its Exhibits be drawn up in the English language. / Les parties aux presentes ont expressement exige que la presente Convention et ses Annexes soient redigees en langue anglaise.
If you have any questions about this Agreement, write to us at: Manta
Technologies Inc., 8234 Blue River Avenue, Littleton, CO 80125, USA,
or call us at (800) 40-MANTA.
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