THIS AGREEMENT IS A BINDING CONTRACT AND APPLIES TO CUSTOMER’S PURCHASE OF PRODUCTS AND SERVICES FROM MAKO IT CONSULTING, LLC (“MAKO”). NO ADDITIONAL OR DIFFERENT TERMS IN ANY FORM DELIVERED BY THE CUSTOMER SHALL APPLY.
BY ACCEPTING A QUOTE OR PLACING AN ORDER WITH MAKO, THE CUSTOMER AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS UNLESS THE CUSTOMER AND MAKO HAVE SIGNED A SEPARATE WRITTEN AGREEMENT.
1. Definitions
• “Agreement” means these terms and conditions
• “Customer” means the entity purchasing Products or Services from Mako
• “Products” means hardware, software, subscriptions, and services resold by Mako
• “Services” means consulting, support, and professional services provided by Mako
2. Payment Terms
• Payment is due within thirty (30) days of invoice date (Net30)
• Overdue payments incur 1.5% monthly interest (18% annually)
• Mako may suspend services if payments are not received when due
• Customer is responsible for applicable taxes, fees, and assessments
• Pricing subject to change due to market conditions, availability, and exchange rates
3. Orders and Delivery
• Orders are not binding until accepted by Mako
• Delivery dates are estimates only
• Risk of loss transfers upon delivery to carrier (F.O.B. Origin)
• Shipping costs will be added to invoice
• Mako is not liable for shipping damage or delays
4. Warranty
• Mako will pass through any manufacturer warranties where applicable
• MAKO PROVIDES NO ADDITIONAL WARRANTIES, EXPRESS OR IMPLIED
• NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE
5. Limitation of Liability
• Mako’s total liability limited to lesser of: (a) amounts paid in previous 12 months or (b) $10,000
• No liability for indirect, special, or consequential damages
• No liability for lost revenue, data, business interruption, or similar claims
6. Confidentiality
• Pricing, terms, and business information are confidential
• Non-disclosure obligations survive termination
7. Term and Termination
• Agreement valid until terminated
• Either party may terminate with 30 days written notice
• Payment obligations survive termination
8. General Provisions
• Governed by State of Arizona law
• No assignment without Mako’s written consent
• Force majeure applies to events beyond reasonable control
• Invalid provisions shall be severed
• Complete agreement; no other terms apply
• Changes require a written agreement