UNEDA Code of Ethics
The following Code of Ethics ("Code") signifies the dedication of the members of the United Networking Equipment Dealers Association (UNEDA) to maintain the highest level of ethics and responsibility in their relationship with each other.
Our objective is to maintain and enforce high standards of ethical professional practices, which will make membership in the Association a recognized mark of experience, stability, reliability, integrity and competence.
ARTICLE 1
UNEDA Members shall conduct themselves in such a manner as to bring credit to our industry and to enhance the reputation of our industry. We will avoid all conduct that discredits our industry.
ARTICLE 1A - Stolen or non-merchantable equipment.
A member who purposefully steals or willfully sells stolen equipment is subject to immediate expulsion from UNEDA. Member-sellers are responsible for clear title passing to the buyer. If there is an unreasonable delay of title passing, regardless of fault, the member-seller must make the customer whole.
A member who purposefully steals or willfully sells stolen equipment is subject to immediate expulsion from UNEDA. Member-sellers are responsible for clear title passing to the buyer. If there is an unreasonable delay of title passing, regardless of fault, the member-seller must make the customer whole.
ARTICLE 1B - Counterfeit Equipment
a. UNEDA does not, in any circumstances, condone the sale, purchase, or transfer of gear which is deemed to be counterfeit.
b. A member who knowingly traffics in counterfeit equipment is in violation of this ethics agreement.
c. A seller shall be bound by the same standards if he unknowingly sells counterfeit equipment as if he had sold non-functional equipment.
b. A member who knowingly traffics in counterfeit equipment is in violation of this ethics agreement.
c. A seller shall be bound by the same standards if he unknowingly sells counterfeit equipment as if he had sold non-functional equipment.
ARTICLE 2
UNEDA member companies guarantee the performance of the promises and commitments made by each of their employees who are duly subscribed to the Network Equipment List. Any promise made by any employee on the List shall be binding upon the UNEDA member.
ARTICLE 3
A prospective seller and prospective buyer who are both UNEDA members shall fulfill all agreements and promises made, whether made verbally, via electronic means, via paper, or any other means.
ARTICLE 3A - Seller's responsibilities.
A member that is a seller must abide by the following standards in all transactions:
A member that is a seller must abide by the following standards in all transactions:
1. Seller need not communicate to a prospective seller that equipment is offered "SUBJECT TO PRIOR SALE" as this is always understood between members unless explicitly stated otherwise.
2. Seller must be prepared to immediately conclude the sale if his offering terms are accepted.
3. If equipment is untested, then the seller should communicate as much to the prospective buyer.
4. Seller must communicate to a prospective buyer that Equipment is quoted subject to test. However, in event of equipment failure the seller shall offer any fungible inventory for purchaser's consideration at agreed upon price.
2. Seller must be prepared to immediately conclude the sale if his offering terms are accepted.
3. If equipment is untested, then the seller should communicate as much to the prospective buyer.
4. Seller must communicate to a prospective buyer that Equipment is quoted subject to test. However, in event of equipment failure the seller shall offer any fungible inventory for purchaser's consideration at agreed upon price.
ARTICLE 3B - Buyer's responsibilities.
A member that is a buyer must abide by the following standards in all transactions:
A member that is a buyer must abide by the following standards in all transactions:
1. Buyer must state any contingencies to offers made for equipment. This includes statements such as "going to send a PO"
2. Once a Purchase Order is proffered and accepted, the Buyer cannot cancel said purchase order unless Seller does not perform to specified terms and conditions.
3. The Buyer is solely responsible for actions of his customer. The actions of the Buyer's customer shall not be grounds for cancellation of a purchase order.
4. All Purchase Orders without instructions for acknowledgement shall be deemed accepted and binding on transmission of the Purchase Order to the Seller. Purchase Orders with instructions of acknowledgement are not deemed to be accepted by the Seller until the P.O. is executed by the Seller with a copy transmitted to the Buyer.
2. Once a Purchase Order is proffered and accepted, the Buyer cannot cancel said purchase order unless Seller does not perform to specified terms and conditions.
3. The Buyer is solely responsible for actions of his customer. The actions of the Buyer's customer shall not be grounds for cancellation of a purchase order.
4. All Purchase Orders without instructions for acknowledgement shall be deemed accepted and binding on transmission of the Purchase Order to the Seller. Purchase Orders with instructions of acknowledgement are not deemed to be accepted by the Seller until the P.O. is executed by the Seller with a copy transmitted to the Buyer.
Since verbal offers are unlikely to address all of the variables needed to complete a transaction, members should outline transactions in written contracts if at all possible. However, if a verbal agreement is completed, is verifiable, and terms and conditions are not in dispute, members should deem such verbal agreements valid and enforceable.
ARTICLE 4 - Standards
To avoid disputes involving expectations of equipment condition on completed transactions, UNEDA has adopted the following standards. Members retain the right to buy or sell equipment in any condition, but the member-sellers must inform buyers of the deviations from the following standards in Article 4A
ARTICLE 4A - Standard condition upon sale
1. All equipment shall have the valid and original Cisco Serial Number sticker affixed in its standard location and it must match the internal serial number where applicable.
2. Rack ears and standard power cords are presumed to be included in the shipment.
3. Differences in memory configuration from current standard should be noted.
4. Warranty is to be 30 days or more.
5. Standard warranty shall be refund only.
6. Seller shall receive returned equipment in "like" physical condition in a timely manner.
7. Sales price is quoted FOB Seller location, safely packed and made ready for shipment.
8. NO SOFTWARE LICENSE is implied in sales between UNEDA members, unless otherwise stated.
2. Rack ears and standard power cords are presumed to be included in the shipment.
3. Differences in memory configuration from current standard should be noted.
4. Warranty is to be 30 days or more.
5. Standard warranty shall be refund only.
6. Seller shall receive returned equipment in "like" physical condition in a timely manner.
7. Sales price is quoted FOB Seller location, safely packed and made ready for shipment.
8. NO SOFTWARE LICENSE is implied in sales between UNEDA members, unless otherwise stated.
ARTICLE 4B - Standard descriptions of equipment condition
1. NIB - "new in box" - Condition same as if it came direct from Cisco.
2. NOB - "new open box" - Box has been opened. Nearly the same as NIB. Seller should state if inner static bag has been opened to test. All accessories and packaging are there as if it had been purchased new. 3. Refurbished - Restored to good cosmetic and working condition. 4. Cisco Authorized Refurbished - Equipment according to Cisco's CARP standards. 5. Used - Equipment is working but no guarantees as to cosmetic condition. Examples would include equipment sold directly from a user site. 6. Clean Serial Number - this implies that the serial number does not appear to be under a Cisco SmartNet contract according to the Cisco Service Contract Center web site.
2. NOB - "new open box" - Box has been opened. Nearly the same as NIB. Seller should state if inner static bag has been opened to test. All accessories and packaging are there as if it had been purchased new. 3. Refurbished - Restored to good cosmetic and working condition. 4. Cisco Authorized Refurbished - Equipment according to Cisco's CARP standards. 5. Used - Equipment is working but no guarantees as to cosmetic condition. Examples would include equipment sold directly from a user site. 6. Clean Serial Number - this implies that the serial number does not appear to be under a Cisco SmartNet contract according to the Cisco Service Contract Center web site.
ARTICLE 5
In the event that one UNEDA member has determined that another UNEDA member has acted in an unethical manner, and having exhausted productive negotiation with that other member, then the member with the complaint (the "Complainant") may seek resolution with the UNEDA Dispute Resolution Committee (DRC) against the other member (the "Respondent"). Sending an ethics violation charge to the DRC should be only when other measures have failed. Before filing an ethics violation, a potential complainant may request the DRC to help mediate a dispute to avoid going through the formal process. Any assistance offered to mediate a dispute is offered at the sole discretion of DRC chairman.
ARTICLE 5A -- ETHICS DISPUTE RESOLUTION PROCEDURE.
UNEDA has adopted the following Dispute Resolution Procedure:
UNEDA has adopted the following Dispute Resolution Procedure:
1. A Complainant will fill out an Ethics Violation Form (EVF) and submit it to the chairman of the DRC along with supporting documentation of the violation.
The DRC will contact the Respondent, provide a copy of the complaint, and solicit documentation and an explanation of the events. The Respondent has 7 business days to respond and failing to respond signals an admission of charges made by the Complainant. Once the DRC has received information from the Complainant and Respondent, or after 7 business days have passed with no response from the Respondent, DRC proceedings will commence.
2. The DRC shall select an impartial Jury from UNEDA members not involved in the dispute. The Jury will review the information submitted by the Complainant, the Respondent and any other relevant source. Further, the DRC members along with members of the Jury may wish to hold teleconference depositions from the same parties.
3. Within 14 business days of receipt of the EVF, the Jury shall submit its findings and recommendations to the DRC and to the UNEDA Board.
4. The UNEDA Board shall take any actions it deems reasonable.
At any time, the Complainant may withdraw the ethics charge.
The DRC will contact the Respondent, provide a copy of the complaint, and solicit documentation and an explanation of the events. The Respondent has 7 business days to respond and failing to respond signals an admission of charges made by the Complainant. Once the DRC has received information from the Complainant and Respondent, or after 7 business days have passed with no response from the Respondent, DRC proceedings will commence.
2. The DRC shall select an impartial Jury from UNEDA members not involved in the dispute. The Jury will review the information submitted by the Complainant, the Respondent and any other relevant source. Further, the DRC members along with members of the Jury may wish to hold teleconference depositions from the same parties.
3. Within 14 business days of receipt of the EVF, the Jury shall submit its findings and recommendations to the DRC and to the UNEDA Board.
4. The UNEDA Board shall take any actions it deems reasonable.
At any time, the Complainant may withdraw the ethics charge.
ARTICLE 5B -- PENALTY PHASE
The Jury and DRC may send recommendations of punishments to the Board. Punishments may include:
The Jury and DRC may send recommendations of punishments to the Board. Punishments may include:
a. Written public statement of reprimand to plaintiff or UNEDA membership
b. Posting of verdict and punishment on UNEDA WEB site
c. Suspension from UNEDA (and the list) if punishment is not resolved in a timely fashion.
d. Immediate suspension from UNEDA and NEL for a period of time.
b. Posting of verdict and punishment on UNEDA WEB site
c. Suspension from UNEDA (and the list) if punishment is not resolved in a timely fashion.
d. Immediate suspension from UNEDA and NEL for a period of time.
ARTICLE 6
Member companies are responsible for the actions of their employees in accordance with this agreement. Further, violations of this agreement may be investigated by the DRC and may be considered by the Membership Committee if former employees apply for membership on their own or with another firm.