Warranties
Warranty does not cover any damages due to accidents, misuse,
or negligence of Buyer. Software are warranted only by the manufacturer
and is sold by Seller to Buyer "AS IS,". Seller does
not warrant the functions contained in the software or the related
programming is error-free or that they will satisfy the requirements
of Buyer. Moreover, seller cannot and does not warrant that
the operation of the hardware, in combination with software
selected by Buyer or programs selected and added or modified
by Buyer, are error-free, uninterrupted, or debugged.
Conditions of Sales
The terms and conditions of the sale transaction contained
in this contract supersede all agreements and purchase orders
submitted and accepted by the named company, hereafter referred
to as "seller,". All agreements are contingent upon
delays caused by strikes, accidents, material shortages or other
delays unavoidable or beyond Seller's control.
Returns and Exchanges
All merchandise must be accompanied by the original invoice
and must be in its original packaging. Buyer must CALL Seller
and RECEIVE a RETURN MERCHANDISE AUTHORIZATION
(RMA) number prior to returning any item to Seller.
All return must be shipped fully insured and all freight charges
prepaid by Buyer. Any return without pre-authorized RMA number
from Seller or sent without full freight charges prepaid will
be rejected. Furthermore, Seller will accept NO RETURNS
OR EXCHANGES OF ANY SOFTWARE. Seller will accept NO
RETURN OR EXCHANGES AFTER FIFTEEN (15) DAYS OF RECEIPT OF MERCHANDISES
by Buyer, Buyers Agent or Buyers Carrier. However, when merchandises
are returned or exchanged with the issued RMA number, Buyer
will be charged up to Twenty Five (25) percent of the retail
list price as the restocking fee which will be applied to offset
the manufacturer restocking charge.
Claims
All merchandise leaves our warehouse inspected and in good
condition. The risk of loss or damage shall pass to Buyer as
those good are accepted by Buyer. Buyer's Agent or the Buyer
designated Carrier. Buyer should inspect all packages and their
content for any damage before accepting the delivery and prior
to signing the delivery receipt. All claims should be filed
immediately with the carrier, NOT WITH SELLER, for merchandises
damaged in transit.
Payments
If Buyer fails to pay outstanding balance when due, Buyer
agrees that Seller will have the right to charge a late fee
of one and a half (1.5) percent per month, 18% per year, but
not in excess of the lawful maximum on all unpaid balance. RETURNED
CHECK CHARGES : A $20.00 fee will be applied to all bank returned
checks.
Forum
For the purpose of interpreting and/or enforcing this Terms
and Conditions, the parties hereby voluntarily and knowingly
choose the California state courts in Southern California or
the U.S. District to be the chosen forum, and agree that such
courts have personal jurisdiction over the parties. The parties
hereby voluntarily and knowingly waive all defenses of forum
non-convenience and/or improper venue.
Legal Costs and Attorney Fees
In the event of any controversy, claim, or disputer among
the parties, arising out of or relating to this Terms and Conditions,
in addition to damages, the prevailing party shall be entitled
to receive from the other party reasonable costs and attorney's
fees.
