OEM TERMS OF SALE


These OEM Terms of Sale, including all applicable terms referenced herein, (“Agreement” or “OTS”) only applies to you, if you are an OEM as defined below:

“OEM” means you in your capacity as an original equipment manufacturer that is purchasing Products (as defined below) through the OEM Solutions (or its successor) business group of Supplier to create an OEM Product (defined below). For clarity, an OEM (a) combines a Standard Product with OEM’s proprietary hardware, software or other intellectual property, resulting in a specialized system or solution with industry or task-specific functionality and (b) resells the Product as part of, in conjunction with, or for use with the OEM Product under OEM Customer’s own brand.

This Agreement governs OEM’s purchase of Products and Services purchase (collectively “Offerings”) ordered directly from one of the entities below, or as mentioned on your Dell EMC quote, as applicable for your country of purchase (“Supplier”): 

Australia: EMC Global Holdings Company (Australian Branch) ABN 86 699 010 685, Level 4, 207 Pacific Highway, St Leonard’s, NSW 2065, Australia; Dell Australia Pty Limited ABN 46 003 885 561 of Level 4, 207 Pacific Highway, St Leonards NSW 2065, Australia;

China: Dell (China) Company Limited;

Hong Kong: Dell Hong Kong Limited; EMC Computer Systems (FE) Limited;

India: EMC Information Systems International, Ovens, Co Cork, Ireland;

Japan: Dell Japan Inc., Solid Square East Tower 20F, 580 Horikawa-cho, Saiwai-ku, Kawasaki, Kanagawa, 212-8589, Japan;

Korea: Hankook EMC Computer Systems Chusik Hoesa, Hong Kong Branch, at 9F., Cityplaza 4, Taikoo Shing, Hong Kong; Dell International Inc. (Korea), 18th Floor, 152, Teheran-ro, Gangnam-gu, Seoul 06236, Korea (Yeoksam-dong, Gangnam Finance Center)

Malaysia: EMC Computer Systems (Malaysia) Sdn Bhd [Company No. 425343-D], Lot 7.01, Level 7, Menara BRDB, No. 285, Jalan Maarof, Bukit Bandaraya, 59000 Kuala Lumpur, Malaysia; Dell Global Business Center Sdn. [Co. No. 200601022727 / 742481-H], 2900 Persiaran APEC, 63000 Cyberjaya, Selangor Darul Ehsan, Malaysia

Macau: EMC Information Systems International, Ovens, Co Cork, Ireland; Dell Hong Kong Limited;

Singapore: Dell Global B.V. (Singapore Branch); Address: 2 International Business Park, The Strategy Tower 2, #01-34, 609930, Singapore;

Taiwan: Dell B.V. Taiwan Branch, 20F, No. 218, Sec.2, Tun Hua S. Rd., Da-an District, Taipei City, Taiwan; EMC Information Systems International, Ovens, Co Cork, Ireland

“Indirect countries” or “APJ countries not listed above”:

Dell Global B.V. (Singapore Branch); Address: 2 International Business Park, The Strategy Tower 2, #01-34, 609930, Singapore;
DELL WORLD TRADE L.P., One Dell Way, Round Rock TX 78682, United States; and
EMC Information Systems International, Ovens, Co Cork, Ireland
 
In this OTS, OEM may be referred to as “you” or “your”, and Supplier and OEM may be referred to individually as a “Party” or collectively as the “Parties”.

The OTS consists of the main body setting forth the general terms and conditions applicable to all Offerings (“General Terms”), and may be supplemented by additional schedules and exhibits (“Schedules”), which shall form an integral part of this OTS. Schedules will be offering-specific and contain terms applicable only to those certain Offerings.

By (i) issuing a Order to Supplier that references a Supplier quote to OEM; or (ii) signing such quote and returning it to Supplier, or (iii) otherwise by placing your Order, you accept and are bound to the terms of this Agreement. For the avoidance of doubt, in the event of an existing agreement that covers the scope of the Offering, such agreement will apply.