OEM Terms of Sale

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, No. 2388 Jin Shang Road, Xiamen, Fujian, 360110 China; 

Hong Kong: Dell Hong Kong Limited with its registered office at Suites 1702-04 and 18/F, Oxford House, Taikoo Place, 979 King’s Road, Island East, Hong Kong;

India: Dell International Services India Private Limited with its registered office at Divyashree Greens, Ground Floor, Sys Nos.12/1, 12/2A and 13/1A, Challaghatta Village, Varthur Hobli, Bangalore, 560071; EMC Information Systems International Unlimited Company, Ovens, Co Cork, Ireland;

Japan: Dell Technologies Japan Inc., Otemachi One Tower, 2-1, Otemachi 1-chome, Chiyoda-ku, Tokyo 100-8159, Japan;

Korea: Dell International Inc. (Korea), 18th Floor, 152, Teheran-ro, Gangnam-gu, Seoul 06236, Korea (Yeoksam-dong, Gangnam Finance Center) and Suites 1702-04 and 18/F, Oxford House, Taikoo Place, 979 King’s Road Island East, 9990779F, Hong Kong respectively; 

Malaysia: Dell Global Business Center Sdn. Bhd. [Co. No. 200601022727 / 742481-H], 2900 Persiaran APEC, 63000 Cyberjaya, Selangor Darul Ehsan, Malaysia;

Macau: EMC Information Systems International Unlimited Company, Ovens, Co Cork, Ireland; Dell Hong Kong Limited; with its registered office at Suites 1702-04 and 18/F, Oxford House, Taikoo Place, 979 King’s Road, Island East, Hong Kong;

Singapore: Dell Global B.V. (Singapore Branch); Address: 1 Changi Business Park Central 1, #08 – 101, ONE@Changi City, Singapore 486036;

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 Unlimited Company, Ovens, Co Cork, Ireland.

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

Dell Global B.V. (Singapore Branch); Address: 1 Changi Business Park Central 1, #08 – 101, ONE@Changi City, Singapore 4860362;

DELL WORLD TRADE L.P., One Dell Way, Round Rock TX 78682, United States; and

EMC Information Systems International Unlimited Company, 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.