Other Documents. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and Bortly. If you do not receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information about your purchase may be obtained by contacting your sales representative.

Payment Terms; Orders; Quotes; Interest. Payment terms are within Bortly's sole discretion, and, unless otherwise agreed to by Bortly, payment must be made at the time of purchase. Payment for Product may be made by credit card, wire transfer, or some other prearranged payment method. Dell may invoice parts of an order separately. Your order is subject to cancellation by Bortly, at Bortly's sole discretion. Bortly is not responsible for pricing, typographical, or other errors, in any offer by Bortly and reserves the right to cancel any orders resulting from such errors.

Shipping Charges; Taxes; Title; Risk of Loss. Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by Bortly is Bortly's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify Bortly within 30 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing wrong or damaged. Unless you provide Bortly with a valid and correct tax exemption certificate or number applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only.

Warranties. THE LIMITED WARRANTIES APPLICABLE TO BORTLY-BRANDED NEON PRODUCT CAN BE FOUND AT www OR IN THE DOCUMENTATION BORTLY PROVIDES WITH THE PRODUCT. BORTLY MAKES NO WARRANTIES FOR SERVICE, OR NON-BORTLY BRANDED PRODUCT. BORTLY MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN BORTLY'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. WARRANTIES AND SERVICE WILL BE EFFECTIVE, AND BORTLY WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES AND SERVICES, ONLY UPON BORTLY'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED OR SERVICED.

5.

Return Policies; Exchanges New Product that you purchase directly from Bortly (and not a third party) you may return or exchange only in accordance with Bortly's return policy in effect on the date of the invoice or acknowledgement. Any returns or exchanges will be made in accordance with Bortly's exchange policies in effect on the date of the return or exchange. You must contact us directly before you attempt to return Product. You must return Product to us in their original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. Bortly's return policy for Bortly-branded Product can be found at: www . If you fail to follow the return or exchange instructions and policies provided by Bortly, Bortly is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal or resale. If you are returning all components in an order, you will be credited the full amount paid for the order. At Bortly's discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing.

6.

Changed or Discontinued Product. Bortly's policy is one of ongoing update and revision. Bortly may revise and discontinue Product at any time without notice to you and this may affect information saved in your online "cart." Bortly will ship Product that have the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing Product may be new, equivalent-to-new, or reconditioned.

7.

Service and Support. Bortly and/or the third-party service provider may at their discretion, revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. Borty has no obligation to provide service or support until Bortly has received full payment for the Product or service/support contract you purchased. Bortly is not obligated to provide service or support you purchase through a third party and not Bortly.

8

Limitation of Liability. BORTLY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, BORTLY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, BORTLY IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.