Terms and Conditions

This quote is GovSmart Confidential Information.

Use of all products and original manufacturer (“OEM”) services resold by GovSmart hereunder are governed by either the license agreement between Customer and the OEM or, if no such agreement exists, the OEM’s standard end user license and support agreements as provided by the OEM. GovSmart acknowledges that all such separate terms and conditions, rights and responsibilities by and between OEM and Customer will pass to any order placed by Customer hereunder. Customer acknowledges that GovSmart is not a party to any such terms between Customer and OEM and Customer agrees to look solely to the OEM for satisfaction of all license support claims or obligations related to the product and OEM services, but may request assistance from GovSmart with their claim, which assistance GovSmart shall use commercially reasonable efforts to provide.

Notwithstanding any terms in place between Customer and GovSmart, GovSmart reserves the right to modify pricing (including quotes) any time prior to shipment/delivery of the product and/or services whether due to shortage of materials or products, increase in costs from the OEM or distributors, pricing or other error, currency and exchange rate fluctuations, new tariffs or duties, or other factors beyond GovSmart’s control. Orders under this Quote are subject to GovSmart’s acceptance. Acceptance of one Order is independent from acceptance of any other Order. An accepted order is hereinafter referred to as an “Order.” Orders are subject to availability and are cancellable only by GovSmart except as expressly permitted with GovSmart’s written approval. Any variation to an accepted Order must be agreed in writing between Customer and GovSmart. In addition, GovSmart may cancel Orders due to shortage of products or materials, increases in the costs of manufacturing, or any event beyond GovSmart’s control.

Ordering only a portion of the products or services included in this quote may affect pricing. GovSmart reserves the right to revise pricing and issue an updated quote based on the revised scope of the order.

Unless expressly stated herein, prices do not include, and Customer is responsible for any and all taxes, duties, tariffs, or other charges or fees relating to the sale and delivery of products.

Products resold hereunder may only be returned in accordance with the original manufacturer’s RMA policy. Special-order, custom-configured, and custom-built products are non-cancelable, non-returnable, and non-refundable unless otherwise approved by the manufacturer.
All delivery dates are approximate and not guaranteed. Delivery schedules are subject to manufacturer and distributor availability.

Products may ship from multiple manufacturers, distributors, or fulfillment locations and may arrive at different times. Customer authorizes GovSmart to submit invoices for partial shipments, partial deliveries, completed services, software licenses, subscriptions, maintenance renewals, and other deliverables as they are delivered, activated, or fulfilled.

Title and risk of loss will transfer to Customer at the location indicated in the Order unless otherwise agreed in writing. Unless otherwise agreed in writing, payment terms are net 30 days from the date of GovSmart’s invoice.

Licenses, Software, and Subscriptions. Software licenses, subscriptions, SaaS offerings, cloud services, maintenance renewals, support agreements, and other electronically delivered products may be invoiced upon receipt of Customer’s purchase order for the full applicable term. All software licenses, subscriptions, cloud services, maintenance renewals, support agreements, and other services are non-refundable and non-returnable once ordered, activated, provisioned, or delivered.

State Fees include Electronic Waste Fees specific to each state that fund recycling programs for Electronic Waste such as computers, monitors, televisions, audio equipment, printers, and other electronic devices as required by law. California charges an Electronic Waste Fee for monitor disposal.

Economic Price Adjustment (EPA – FAR Part 12 Commercial Items)

Due to current market volatility, including pricing fluctuations, part shortages, newly enacted tariffs or duties, changes in government regulations affecting the cost of OEM products, and other factors beyond GovSmart’s control, GovSmart reserves the right to adjust pricing as follows:

Manufacturer Price Changes. If, after the quote date and before shipment, the manufacturer increases its established price for the product, GovSmart may adjust the quoted or Order price on a pass-through, no-markup basis to reflect the actual increase in GovSmart’s price.

Commercial Documentation (FAR 12.209). Any requested price adjustment will be supported by customary commercial documentation, including: a. Manufacturer’s written price notice or published catalog/list update; b. The effective date of the manufacturer’s change; and c. A calculation showing the adjustment.

Certified cost or pricing data is not required unless separately mandated by statute.

Effective Date. Adjusted pricing applies only to: a. Active quotes; b. New Orders placed after the manufacturer’s change becomes effective; or c. Undelivered quantities under existing Orders for which GovSmart incurs increased price at the time of shipment.

Notice. GovSmart will provide written notice of any price adjustment within a reasonable time after receiving notice of the manufacturer’s price change and in all cases prior to shipment of affected items.

Adjustment Limits. If a solicitation or contract specifies limits on EPA adjustments, those limits apply. If no limits are specified, adjustments are limited to the manufacturer’s price increase on a pass-through, no-markup basis.

Verification. The Government or Prime Contractor may review reasonable commercial documentation solely to verify the basis for the adjustment. Certified cost or pricing data is not required unless separately mandated by statute.

Contract Type. This EPA mechanism is commercial in nature and does not convert the transaction to a cost-type arrangement. All other terms of the quote remain unchanged.

Resulting Contract. Customer agrees the resulting contract will incorporate language that is materially similar to the EPA terms and conditions set forth herein.

COMMERCIAL ITEMS: This Quote is for “Commercial Items” as defined by 48 C.F.R. 2.101, offered exclusively under the streamlined acquisition procedures of FAR Part 12.

REGULATORY COMPLIANCE: GovSmart relies solely on the information provided by the Manufacturer, its Distributor(s), Licensor(s), and Service Provider(s) when completing and complying with any representations and certifications, reporting requirements, and regulatory compliance matters related to the deliverables.

The Trade Agreements Act (“TAA”) compliance status of the items listed on the quote is the most current information available from the Manufacturer.

Electronic & Information Technology (“EIT”) Accessibility Requirements of Section 508 of the Rehabilitation Act of 1973 (“Section 508”). Upon request, GovSmart will request a Manufacturer’s Voluntary Product Assessment Template (“VPAT”) that discloses compliance with Section 508.

GovSmart must separately acknowledge compliance with additional requirements such as Energy Star, EPEAT, IPv6, NIST, FIPS, FISMA, HIPAA, and similar requirements. GovSmart offers no certifications, express or implied, as to the accuracy or completeness of any such information provided by the Manufacturer.

ASSET TAGGING: Item Unique Identification (IUID) and Passive Radio Frequency Identification (RFID) tagging are additional services and are not included unless separately identified in this quote.

Controlled Unclassified Information (CUI). Customer shall not transmit Controlled Unclassified Information (CUI), Federal Proprietary Information (FPI), or other sensitive government information to GovSmart through standard email channels unless expressly authorized. Customer should contact GovSmart for approved methods of securely transmitting such information.

Purchase Order Requirements. Customer purchase orders should include: a. End-user contact information, including organization name, office code (if applicable), physical address, telephone number, and email address; b. The applicable GovSmart quote number; c. Any applicable prime contract number, task order number, delivery order number, or award number; d. Any required FAR or DFARS authorization documentation, including FAR 51 authorization letters when applicable; and e. Any applicable Statement of Work (SOW), Performance Work Statement (PWS), or approved change orders.

Although GovSmart is not a manufacturer, it makes good faith attempts to confirm the accuracy of its responses to representation requests under FAR 52.204-24 (and related clauses) and inserts the substance of FAR 52.204-25 in its purchase orders to suppliers. Such representations are made to the best of GovSmart’s knowledge as of the Quote Date based upon information provided by suppliers. GovSmart will promptly inform Customer if it is later notified of information requiring modification of any such representation.

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. GOVSMART’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE QUOTE OR ANY ORDER SHALL NOT EXCEED THE AMOUNTS PAID TO GOVSMART UNDER THE APPLICABLE ORDER.

Neither party shall be liable for delays or failures caused by circumstances beyond its reasonable control, including acts of God, labor disputes, supply chain disruptions, transportation delays, governmental actions, tariffs, embargoes, epidemics, cyber incidents, or manufacturer shortages.

Updated: June 18, 2026