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These terms (“Purchase Terms“) govern the purchase of Mako Equipment provided by Mako Networks, Inc. (“Mako“) to the Customer. The Purchase Terms are incorporated by reference into the Services Agreement between Mako and Customer. In the event of any conflict, the Services Agreement shall control unless explicitly stated otherwise.
The Purchase Terms apply to all Mako Equipment provided on a purchase basis (“Purchased Equipment“). By accepting delivery of Purchased Equipment, Customer agrees to be bound by these Purchase Terms. Title to Purchased Equipment transfers to Customer upon full payment. The rights and responsibilities regarding the Purchased Equipment are detailed below.
Warranty for Purchased Equipment
Mako’s warranty against defects in workmanship and material shall begin on the date the Purchased Equipment is installed at Customer’s site and continue for thirty-six (36) months. Customer may add an extended warranty for the Purchased Equipment to their monthly charges by contacting Mako prior to the expiration of the initial warranty period. For detailed warranty coverage, limitations, and procedures, please refer to Mako Equipment’s warranty terms available at https://makonetworks.com/legal/warranty-terms/.
Technical Support
The monthly fee for Mako Services includes 24×7 technical support for the duration of the Service Term (as defined in Services Agreement). For detailed support terms and conditions, please refer to Mako’s Support Terms available at https://makonetworks.com/legal/support-terms/.
Ownership
Title to the Purchased Equipment transfers to Customer upon full payment of all applicable charges. Mako maintains a security interest in the Purchased Equipment until Customer’s payment obligation is completely satisfied.
Delivery and Risk of Loss
Delivery of Purchased Equipment will be made from Mako’s shipping location. Title and Risk of Loss to all Purchased Equipment will pass to Customer when the Purchased Equipment is transferred to a carrier for shipment.
Prohibited Uses
Customer shall not use the Purchased Equipment for any purpose not expressly permitted by Mako. Specifically, Purchased Equipment is not designed or intended for use in (i) the design, construction, operation, or maintenance of any nuclear facility, (ii) navigating or operating aircraft, or (iii) operating life-support or life-critical medical equipment, and Mako disclaims any express or implied warranty of fitness for such uses.
Installation Terms
For detailed information regarding installation services for Purchased Equipment, refer to the Installation Terms at https://makonetworks.com/legal/installation-terms/. Customer acknowledges that installation of Purchased Equipment must comply with these Installation Terms, including requirements for site preparation, access, and completion of any required documentation.
Equipment Disposal and Recycling
Customer is responsible for proper disposal/recycling of Purchased Equipment at end-of-life in compliance with all applicable laws governing electronic waste. Customer acknowledges that the equipment may contain components requiring special handling under environmental regulations.
Export Compliance
Customer agrees to comply with U.S. export control laws and regulations, including EAR and OFAC sanctions programs, regarding Mako products and services. Customer will not export, re-export, transfer, or release Mako offerings to prohibited destinations, entities, or persons without required licenses or approvals. Customer is responsible for ensuring compliance and will indemnify Mako against any claims resulting from non-compliance.
Warranty Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN MAKO’S WARRANTY POLICY, ANY WARRANTIES OR OTHER TERMS THAT MIGHT OTHERWISE BE IMPLIED INTO THIS AGREEMENT BY LAW FOR CUSTOMER’S BENEFIT ARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, MAKO DOES NOT WARRANT THAT THE RENTAL EQUIPMENT WILL BE ERROR-FREE OR WILL ACHIEVE ANY PARTICULAR OUTCOME CUSTOMER MIGHT DESIRE.
Definitions
“Customer” means the person or other legal entity using Mako Services or Mako Equipment, being a person or other legal entity contractually engaged by Mako.
“Mako Equipment” means the hardware device (or devices) supplied to Customer by Mako that enables Customer to access the Mako Services, including any software installed on such devices.
“Mako Services” means the network, applications, reporting, support, or other services Customer has requested to use under license from Mako and which Mako agrees to supply via Mako Equipment and any other means Mako makes available to enable the provision of those services to Customer.
“Services Agreement” means any agreement between Mako and Customer governing the provision of Mako Services, including but not limited to service orders, statements of work, or other written agreements.
If you have any questions about these policies, please contact legal@makonetworks.com.