TERMS AND CONDITIONS
1.
TITLE OF GOODS.
Title to all goods, products, merchandise and items (“goods”) is
retained by seller until all goods are fully paid for by purchaser
and all obligations of purchaser have been fulfilled.
2.
The BUYER agrees to pay the total purchase price as
specified on your shopping cart order, in addition, the BUYER agrees
to pay any sales, freight charges or other taxes levied on or
measured by such purchase price, or arising from the use of the
product(s) and any parts
or maintenance supplied, including without any limitation, any
additional sales, use gross receipts, privilege,
excise, and personal property taxes unless specified in writing on
this document.
3.
WARRANTY RETURNS.
As a precondition to the return of any goods, the purchaser must
first obtain a Return Merchandise Authorization (“RMA”) number from
the seller. In addition, all returns must be shipped to seller with
both full insurance and all freight charges prepaid by purchaser.
The RMA number must be clearly marked on the return shipping label
of each box that contains returned goods, not elsewhere on the box.
Seller will not accept any return that does not meet the above
requirements. Goods returned in abused or altered condition will
not be accepted by seller.
4.
RETURNS FOR CREDIT/REFUND.
All
products requested and authorized as return for credit/refund must
be received by seller within 14 days from the original purchase
invoice date, subject to a 20% restocking fee. After 14 days, no
credit/refund return will be accepted by seller. Special order and
custom-made goods are not returnable. In addition to purchaser’s
meeting of all the requirements for WARRANTY RETURNS stated above,
all return goods must be returned in their original boxes and
packing material, including all accessories.
5.
WARRANTY.
Unless
otherwise stated, Seller provides a limited 12-month warranty on all
products purchased from seller with the following exceptions: (A)
30-day warranty on computer chassis (case); (B) 20-day performance
warranty on CPU chip, but the warranty does not cover damage to a
CPU chip (e.g. cracks, burns, breaks, bent pins, etc.); (C) 30-day
DOA warranty on monitors; (D) DVR Cards are warranted for a period
of one (1) year from purchased date. Exceptions to this is any acts
of God such as lighting strikes. Please note that replaced or
repaired goods continue warranty on the remaining warranty period.
The warranty does not extend beyond the original buyer of products
from seller. Purchaser may obtain detailed product warranty
information from seller. Seller’s only warranty obligation is to,
at the seller’s sole discretion, repair, or replace, or issue a
refund, in whole or in part, for any goods deemed defective by the
seller during the applicable warranty period. Seller makes no
warranty of merchantability of the goods or of the fitness of the
goods for any particular purpose. Purchaser assumes all risk,
liability, damage and loss in connection with the use of all goods
and resale thereof, if any. Seller shall in no event be liable or
responsible for any injury, loss, damage, liability, debt, cost,
expense, charge or fee of whatever nature, incurred or suffered by
purchaser, or any successor or customer of purchaser, whether direct
or indirect, incidental or consequential, or in any other manner, in
connection with the purchase, use or any resale of the goods.
6. CLAIMS/FREIGHT
DAMAGE OR DISCREPANCIES.
If shipment appears to be damaged or has any discrepancy, the
purchaser should note it on the delivery receipt and have the
carrier to acknowledge it. Refuse only the damaged cartons and
contact Seller within 48 hours. Seller will file claim with the
carrier since the carrier is liable for damage caused during
shipping. At the same time, seller will reship replacement on the
damaged goods to purchaser. However, if shipping transportation is
arranged by purchaser, then claims for damage or loss in transit
must be made by purchaser directly to the carrier, as the carrier is
responsible for such damage or loss, not the seller.
7. REFUSED
ORDERS.
Purchaser will be responsible for a 20% return processing charge for
refused orders in addition to all freight charges. No future orders
will be shipped until this charge is paid.
8.
RETURNED CHECKS/PAST DUE ACCOUNTS.
If any check, negotiable instrument, or credit line of purchaser is
returned or rejected for any reason, a $25 service charge will be
imposed by the seller for each such event. An account will be
deemed past due if full payment is not received by seller in
accordance with the terms specified in this invoice. Past due
accounts are automatically placed on C.O.D. cash/cashier’s check and
all shipments are withheld until the account is brought current. An
interest charge of 1.5% per month (18% per annum) will be imposed by
seller as to all sums not paid when due. In the event of legal
action by seller to collect any sum due on account or enforce any
term or condition of this invoice, purchaser agrees to pay all of
seller’s expenses of collection, including court costs and
reasonable attorney’s fees.
9.
CHOICE OF LAW, FORUM SELECTION & VENUE.
The transaction set forth on all purchases has been entered
into in the State of Georgia. The laws of the State of Georgia
shall govern all matters as to the interpretation, performance, and
enforcement of our TERMS and
CONDITIONS.
In the event of any litigation between purchaser and seller in
connection with the TERMS and
CONDITIONS
or any goods specified
herein, jurisdiction shall be exclusively in the courts of the State
of Georgia, State and Federal, and Venue shall be exclusively in the
Circuit Court of Social Circle, Georgia or in the United States
District Court for the Northern District of Georgia, Eastern
Division at Atlanta, Georgia.
10.
NO REPRESENTATIONS.
Purchaser acknowledges that neither the seller, nor anyone acting on
seller’s behalf, has made any representation or statement of fact or
opinion to induce the purchaser of any goods specified in this
invoice.
11.
FORCE MAJEURE.
Neither
party shall be liable for any delay in performing its obligations
under this Agreement if such delay is caused by circumstances beyond
that party's reasonable control, including without limitation any
delay caused by any act or omission of the other party, acts of God,
or fire, floods or labor disputes.
12.
ENTIRE AGREEMENT.
The
TERMS and
CONDITIONS
is intended to be the entire agreement between purchaser and
seller. These
TERMS and
CONDITIONS
supersedes all prior and contemporaneous communications,
negotiations, representations, and agreements of purchaser and
seller whether oral or written, with respect to the goods specified
in your invoice as well as the terms and conditions hereof. the
TERMS and
CONDITIONS
may not be modified except by a writing signed by duly authorized
representatives
of the seller.