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 Standard Products (as defined below) from Supplier for an OEM project. In general, an OEM (a) combines 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 Standard Product as part of, in conjunction with, or for use with the OEM Product under OEM Customer’s own brand.

This Agreement governs your (“you” or “OEM”) purchase and use of products and services ordered by you directly from one of the entities below (“Supplier”) (Supplier and OEM also referred to as “Party”), as applicable for your country of purchase (collectively “Offerings”):

Austria: Dell GesmbH or EMC ComputerSystems Austria GmbH, Wienerbergstrasse 41-43, EuroPlaza, 4. Stock, 1120 Vienna, or
Belgium: Dell NV, Z.3 Doornveld 130, 1731 Asse-Zellik, or
Denmark: Dell A/S, Arne Jacobsens Allé 17, 2300 Copenhagen, or
Finland: EMC Computer-Systems OY or Oy Dell Ab, Keilaranta 13 A, Espoo 02150, or
France: EMC Computer Systems France SAS, River Ouest, 80 Quai Voltaire, 95870 Bezons, or Dell SA, 1 Rond-Point Benjamin Franklin, 34000 Montpellier, or
Germany: Dell GmbH, Unterschweinstiege 10, Frankfurt am Main, 60549, or
Ireland: EMC Information Systems International, Ovens, Co Cork, or Dell Products, 70 Sir John Rogerson’s Quay, Dublin 2, or
Italy: EMC Computer Systems Italia S.p.A. or Dell S.p.A, Via Giovanni Spadolini, 5 - Edificio A - 20141 Milano, or
Luxembourg: EMC Luxembourg S.à.r.l. or Dell S.à r.l: Westside Village, Batiment B, Parc d'Activite, 89, Capellen, L-8308 Mamer, or
Netherlands: Dell B.V. Transformatorweg 38, 1014 AK, Amsterdam, or
Norway: Dell AS, Lilleakerveien 2 B, N-0283, Oslo, or
Portugal: Dell III – Comercio de Computadores, Uniperssoal Lda LAGOAS PARK, Edifício 5B - 3º Andar, 2740-298 Porto Salvo, or
Spain: EMC ComputerSystems Spain,S.A.U or Dell Computer SA., Calle Ribera Del Loira n8, Paris Building, 28042 Madrid, or
Sweden: Dell AB, Frösundaleden 2 B, SE-169 70, Solna, or
Switzerland: EMC Computer Systems AG or Dell SA, Hardturmstrasse 181, 8005 Zurich, or
United Kingdom: Dell Corporation Limited, Dell House, The Boulevard, Cain Road, Bracknell, Berkshire RG12 1LF.

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

By (i) issuing a purchase order to Supplier for products and/or services that references a Supplier quote to OEM; or (ii) signing such quote and returning it to Supplier, or 3) 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. In addition, standard terms and conditions attached to the quote or Order are not applicable.