Third Party Terms of Service

These Third Party Terms of Service (“TPTOS”) form part of the Samsara Master Terms of Service (“Agreement”) and are incorporated by reference therein as applicable. Any capitalized terms not defined herein shall have the definition set forth in the Agreement.   

1. Financed Purchases and Other Payment Arrangements.  If you are financing the Products through a Lender, or paying for the Products through a Customer Affiliate or other third party, the terms in this Section shall apply. Any obligation you may have to the Lender is absolute and unconditional, not subject to any setoff or counterclaim as between you and Lender, unless agreed to otherwise in the separate Financing Agreement you enter into with the Lender. You acknowledge and agree that when you execute the Financing Agreement, the Lender is prepaying Samsara for the Products on your behalf and such prepayment is final and cannot be refunded by Samsara unless otherwise provided under these TPTOS You accept the risk that any Products are not provided or are not satisfactory; provided this sentence does not affect your rights against Samsara as limited by these TPTOS, or Samsara's obligations to you under these TPTOS. If you choose to discontinue use of the Products for any reason, you will continue to be liable for any outstanding payment obligations specified in the Financing Agreement.  If you have any claim against or dispute with Samsara, you may not take action by reason of such claims against Lender.  If you are purchasing through a Lender, Samsara may terminate your access to the Products should you breach these TPTOS or the terms of the Financing Agreement.  Any Refunds issued by Samsara under these TPTOS for Product purchases financed under a Financing Agreement may in Samsara’s sole discretion be remitted to the Lender, and any impact such remittance may have on your remaining payment obligations to Lender is governed by the Financing Agreement.  Subject to the other terms of this Section (Financed Purchases and Other Payment Arrangements), in the event Samsara consents, in its sole discretion, to granting Customer’s request for a Payment Arrangement, Customer represents and warrants that (i) such Payment Arrangements are made for legitimate business purposes and are in compliance with all applicable laws, including but not limited to tax laws, and (ii) Customer remains directly liable for all obligations, including all payment obligations, under these TPTOS, the Agreement, and such Order Form.  Customer agrees to indemnify, defend, and hold harmless Samsara against any liabilities, damages, demands, losses, claims, costs, fees (including legal fees), and expenses related to such Payment Arrangements. 

2. Third Party Products and/or Services.  To the extent an Order Form includes any description of third-party products and/or services not directly provided by Samsara, the applicable third-party provider or subcontractor will be solely and exclusively responsible for the provision of such products and/or services, and Customer may not withhold payment to Samsara due to such third-party products and/or services, notwithstanding any acceptance or delivery requirements or delays with respect thereto.

3. Definitions.

3.1 “Financing Agreement” means the separate financing agreement entered into between Customer and a Lender to finance the Customer’s purchase of Products.

3.2 "Lender” means a third party financing entity.

3.3 “Payment Arrangement” means a payment under an Order Form made by a Customer Affiliate, Lender, or any other third party authorized by Customer to make purchases or payments on behalf of Customer, subject to Samsara’s approval (which may be withheld in Samsara’s sole discretion).