VAST Data Quote Conditions
Terms relevant to your quote are determined based on the Price Book referenced on your quote.
|
Price Book |
Relevant Section |
|
FPB | Fixed Price Book |
A |
|
Shipping Price Book |
B |
|
DPB | Dynamic Price Book |
C |
|
NTE | Not to Exceed Price Book |
D |
|
VAST Software & Services |
E |
A. Fixed Price Book
- Validity and Acceptance
This quote constitutes a firm offer to sell the products and services described herein at the prices and under the terms and conditions stated. This offer is valid and irrevocable until the expiration date specified on the quote, (the “Validity Period”). To accept this offer, the customer must submit a conforming Purchase Order (“PO”) to Arrow Electronics, Inc. that is received by Arrow Electronics, Inc. no later than 5:00 PM PST on the final day of the Validity Period. Any PO received after the Validity Period shall be deemed a request for a new quote.
- Stock Reservation and Fulfillment
Stock for the hardware components listed in this quote is reserved for the customer for the duration of the Validity Period. This quote is contingent upon receipt of the customer’s conforming PO within the Validity Period. Arrow Electronics, Inc. will use best efforts to ship the quoted hardware within sixty (60) days of the receipt of the PO.
- Price and Terms
The prices for the products and services set forth in this quote are firm for the duration of the Validity Period only. Except as otherwise explicitly stated herein, this quote is subject to Arrow Electronics, Inc.’s Terms and Conditions of Sale, a copy of which can be found at https://www.arrow.com/en/support/legal/terms-and-conditions.html#sale-americas. In the event of a conflict between the terms of this quote and the customer’s PO or any other document, the terms of this quote shall prevail.
- VAST Software and Services
If this quote contains VAST Software and Services, it is the intention of the parties that the VAST Software be installed as soon as possible and all parties shall use best efforts to activate the license key within thirty (30) days of receipt of the hardware. If a customer has not activated the license key within sixty (60) days of receipt of the hardware, despite VAST or a designated third party being available to perform the installation, VAST Data reserves the right to provision the license key and commence the Services Term. Access to the VAST Software and use of the Services by customer is subject to and governed by the VAST Data End User Services and License Agreement available at https://www.vastdata.com/legal/end-user-services-and-license-agreement.
B. Shipping Price Book
- Validity and Acceptance
This quote constitutes a firm offer to sell the products and services described herein at the prices and under the terms and conditions stated. This offer is valid and irrevocable until the expiration date specified on the quote (the “Validity Period”). To accept this offer, the customer must submit a conforming Purchase Order (“PO”) to Arrow Electronics, Inc. that is received by Arrow Electronics, Inc. no later than [e.g., 5:00 PM PST] on the final day of the Validity Period. Any PO received after the Validity Period shall be deemed a request for a new quote.
- Stock Reservation and Fulfillment
Stock for the hardware components listed in this quote is reserved for the customer for the duration of the Validity Period. This quote is contingent upon receipt of the customer’s conforming PO within the Validity Period.
Arrow Electronics, Inc. will use best efforts to ship the quoted hardware within sixty (60) days of receipt of the PO.
- Price and Terms
The prices for the products and services set forth in this quote are firm for the duration of the Validity Period only. Except as otherwise explicitly stated herein, this quote is subject to Arrow Electronics, Inc’s Terms and Conditions of Sale, a copy of which can be found at https://www.arrow.com/en/support/legal/terms-and-conditions.html#sale-americas . In the event of a conflict between the terms of this quote and the customer’s PO or any other document, the terms of this quote shall prevail.
- VAST Software and Services
If this quote contains VAST Software and Services, it is the intention of the parties that the VAST Software be installed as soon as possible and all parties shall use best efforts to activate the license key within thirty (30) days of receipt of the hardware. If a customer has not activated the license key within sixty (60) days of receipt of the hardware, despite VAST or a designated third party being available to perform the installation, VAST Data reserves the right to provision the license key and commence the Services Term. Access to the VAST Software and use of the Services by customer is subject to and governed by the VAST Data End User Services and License Agreement available at https://www.vastdata.com/legal/end-user-services-and-license-agreement.
C. Dynamic Price Book
- Arrow Electronics, Inc. may cancel customer’s purchase order after acceptance of such purchase order due to changing market conditions or raw material supplier price increases. The prices for the product set forth in this quote are subject to change until 30 days prior to shipment of such products. If an adjustment to the prices is required at such time, Arrow will issue a final quote with the revised pricing (“Revised Pricing”). If the Revised Pricing exceeds the prices set forth in this quote, customer may, within fourteen (14) days following receipt of the final quote: (i) cancel the purchase order; (ii) confirm the purchase by placing an updated purchase order reflecting the Revised Pricing; or (iii) defer the purchase of the product and the VAST Software and Services and remain in the allocation queue for an updated future price quote. If the Revised Pricing is not required, this quote and any corresponding purchase order submitted by the customer are legally binding and cannot be cancelled.
- VAST Software and Services
If this quote contains VAST Software and Services, it is the intention of the parties that the VAST Software be installed as soon as possible and all parties shall use best efforts to activate the license key within thirty (30) days of receipt of the hardware. If a customer has not activated the license key within sixty (60) days of receipt of the hardware, despite VAST or a designated third party being available to perform the installation, VAST Data reserves the right to provision the license key and commence the Services Term. Access to the VAST Software and use of the Services by customer is subject to and governed by the VAST Data End User Services and License Agreement available at https://www.vastdata.com/legal/end-user-services-and-license-agreement.
D. Not to Exceed Price Book
- Not an Offer to Sell; Price Ceiling Only
This quote is a Not-to-Exceed (“NTE”) Quote and it establishes the maximum price for the specified products and services therein. The final price may be lower than the stated NTE amount. If requested by customer, a revised quote reflecting the final price (“Firm Quote”) will be issued and customer shall provide a revised PO including such final price therein.
- Validity and Fulfillment
This NTE Quote is valid for the earlier of (i) 180 days from the date of issuance or (ii) the date a subsequent Firm Quote is provided. No stock is reserved under this NTE Quote until such time as a legally binding PO is received by Arrow Electronics, Inc.
E. VAST Software and Services
This Quote is subject to Partner flowing down the VAST Data End User Services and License Agreement available at https://www.vastdata.com/legal/end-user-services-and-license-agreement to the End User.
Please issue the PO to the VAST Data entity and address listed on the quote and send such PO to orders@vastdata.com.