I-40 COMPUTERS, INC. Terms and Conditions of Sale
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY.
THE TERMS AND CONDITIONS OF SALE ("Terms") ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN I-40 COMPUTERS, INC. INVOICE OR OTHER I-40 COMPUTERS, INC. DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND I-40 COMPUTERS, INC. HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.
"We", "Our" or "Us" refers to I-40 Computers, Inc.
Application of Terms; Customer Acknowledgment
These Terms constitute a binding contract between Customer and I-40 Computers, Inc. Customer acknowledges agreement and acceptance of these Terms by making a purchase, placing an order or otherwise shopping on our Website (the "Site"). These Terms are subject to change without prior notice, except that the Terms posted on the Site at the time Customer initially places or modifies an order will govern the order in question.
Governing Law; All Sales made in New Mexico
THESE TERMS AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW MEXICO, WITHOUT REGARD TO CONFLICTS OF LAWS RULES, REGARDLESS OF THE LOCATION OF THE CUSTOMER. ANY DISPUTE, ACTION OR LITIGATION MUST BE BROUGHT IN NEW MEXICO AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN NEW MEXICO, SUBMITS TO JURISDICTION THERE, AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER HEREBY AGREES THAT SUCH VENUE IS APPROPRIATE AND THAT I-40 COMPUTERS, INC. AGREEMENT TO SELL AND DELIVER PRODUCTS TO THE CUSTOMER IS DEPENDENT ON THIS PROVISION.
Prices are listed in our catalogs and Web site, and are subject to change without notice. Prices for certain government, corporate, and institutional customers may be set forth in a bid or other written agreement between the parties. Payment is due before shipment, unless credit terms have been arranged in advance with our credit department. In such case, payment terms shall be as set forth in the credit agreement.
We collect sales and use taxes for sales shipped to the State(s) of Alabama, Connecticut, Georgia, Illinois, Massachusetts, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Tennessee, and Texas. Additional states may be added without notice. We shall not be liable for handling or customs charges for shipments outside the United States.
Shipping; Risk of Loss; Security Interest
I-40 Computers, Inc. will arrange payment for shipping with the carrier, but such costs are the responsibility of Customer. I-40 Computers, Inc. charges shipping and handling fees for every shipment, unless a special promotion or contract term provides otherwise; such cost includes the freight charged by the carrier, packaging, and handling, but does not necessarily equal a direct pass-through of such cost to the customer. Risk of loss is upon Customer once we deliver the product to the carrier. Delivery times are estimates only and we shall not be liable for delays.
I-40 Computers, Inc. retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
Non-US or Export Sales
Sales of our products must follow the Export Administration Regulations of the U.S. Commerce Department and applicable State Department restrictions. Certain hardware products may not be exported to certain countries, or may be exported only with individual licenses; and software that contains DES data and/or encryption technology may not be exported outside the U.S.
The commodities, technology and/or software sold or distributed under these Terms may not be exported or re-exported to countries, entities and persons that are ineligible under United States law to receive United States commodities, technology and/or software. Customer represents and warrants that it is eligible to receive products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher. Manufacturers' warranties for exported products may vary or may be null and void for products exported outside the United States.
LIMITED MANUFACTURER'S WARRANTY
Customer understands that I-40 Computers, Inc. is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not us. In purchasing the products, Customer is relying on the manufacturer's specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by us. In connection with services, neither affiliates of I-40 Computers, Inc. nor third party service providers are our agents and we have no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers.
We warrant that we have good title to the hardware products we sell, and that we have proper authority to license the software products we distribute.
We do not warrant the performance or integrity of any Product, but merely pass through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective products.
STATEMENTS MADE TO YOU IN THE COURSE OF ANY PRIOR, CURRENT, OR FUTURE SALE ARE SUBJECT TO THE YEAR 2000 INFORMATION AND READINESS DISCLOSURE ACT, (___U.S. C.___) (P.L. 105-271). IN THE CASE OF A DISPUTE, THIS ACT MAY REDUCE YOUR LEGAL RIGHTS REGARDING THE USE OF ANY SUCH STATEMENTS, UNLESS OTHERWISE SPECIFIED BY YOUR CONTRACT OR TARIFF.
I-40 COMPUTERS, INC. AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF PC CONNECTION, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
I-40 Computers, Inc.has no control over the technology of the Products sold herein, and therefore cannot and does not indemnify Customer for claims by third parties that Products infringe any patent, copyright, trademark or trade secret. I-40 Computers, Inc. will pass through any such indemnity it receives from the Product manufacturer or supplier.
Pricing Information; Availability; Errors and omissions Disclaimer
All pricing is subject to change. We reserve the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, we cannot guarantee that it will be able to fulfill Customer's orders.
We make every effort to ensure the accuracy of the information published in our catalogs and on our Web site(s). However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. We make no representations about the suitability of the information and graphics presented on this site. All such documents and graphics are provided "as is" without warranty of any kind.
If an error is made and a product is listed at an incorrect price, we shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, we shall immediately issue a credit in the amount of the incorrect price. Note: We also do not guarantee that our prices listed on other Web sites or price engines are accurate or up-to-date.
Limitation of Liability
NEITHER I-40 COMPUTERS, INC. NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER PC CONNECTION NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY PC CONNECTION OR ITS AFFILIATES, NEITHER PC CONNECTION NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.
We will not be responsible for any delays in delivery which result from any circumstances beyond our control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.
Third Party Services
Customer acknowledges and agrees that we and our affiliates are resellers of services and are not the provider of those services. In those cases, the third party service provider is the only party responsible for providing services to Customer. In those cases, Customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases I-40 Computers, Inc., and its affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. Services may be subject to tax. All amounts, including taxes, associated with third party services are being collected by us solely in the capacity as an independent sales agent.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon us until accepted by us. Terms of payment are within our sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. We may invoice parts of an order separately. Customer is responsible for, and will indemnify and hold I-40 Computers, Inc. harmless from, any applicable sales, use or other taxes or federal, state or local fees or assessments associated with the order. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax or fees or assessments is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of our costs of collection, including court costs, filing fees and attorney's fees.
All non-defective returns authorized by I-40 Computers, Inc., whether opened or unopened, will be assessed a minimum 35% restocking fee, and must be authorized for return within 10 days from date of receipt. No refunds will be issued after such 10 day period. Authorization may be obtained by e-mailing Customer Service at customerservice@I-40Computers.com. Customer will be issued a Return Merchandise Authorization (RMA) which is valid for 7 days. Failure to return a product within such 7 day authorization period will be deemed to be an acceptance of the product.
Return privileges are subject to various manufacturers' policies. Many manufacturers have imposed certain return restrictions. Consequently, I-40 Computers, Inc. reserves the right to decline specific return requests based on those restrictions. Be sure to ask your Account Manager about specific return conditions before you purchase any item.
Vendor license agreements
Customer agrees to abide by all license provisions or end user agreement imposed by the manufacturer or publisher.
All packages shipped from I-40 Computers, Inc. are inspected prior to shipment. However, from time to time, damage during shipping may occur. Packages that are obviously damaged should be refused upon original delivery attempt. If the package is accepted, then any damage should be noted on the carrier delivery record prior to the driver leaving your premises. Any hidden or internal damage to any product must be reported to Customer Service at customerservice@I-40Computers.com within the first 3 days of receipt to arrange for a carrier inspection and return of the damaged product(s). Please save the product, the shipping carton and all manufacturer packaging. Manufacturer packaging can not have writing on it. Timely receipt of this information is necessary for I-40 Computers, Inc. to file a damage claim. Failure to notify I-40 Computers, Inc. of damage within this time period will be deemed an acceptance of the product, and standard return policies will apply.
These Terms constitute the entire agreement between Customer and I-40 Computers, Inc. relating to the sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting us at the address provided below.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the Terms contained herein and in our invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms or any purchase order or invoice related thereto. This section may not apply if there is a written contract between Customer and I-40 Computers, Inc.
In the event any section or portion of a section of these Terms are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms, and the remaining terms shall continue in full force and effect.
I-40 Computers, Inc. Terms and Conditions of Use
IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.
By accessing or otherwise using this web site ("web site "), you agree to be bound by these terms and conditions of use. "We", "Our" or "Us" refers to I-40 Computers, Inc.
Changes to the Terms and Conditions
I-40 Computers, Inc. may change these terms and conditions of use at any time, without prior notice. If you access or use the web site after we post a change, you accept that change. If you do not accept the change, do not access or use the Web site. You should check these terms and conditions of use periodically.
Access and Use of the Web siteWe grant you a limited license to access and use the Web site, including to display, copy, distribute and download its content, only for your personal, non-commercial use and provided that you do not modify the Web site, its content, or any copyright or other proprietary notices. This license terminates automatically if you breach any of these terms and conditions of use. Upon termination, you must immediately destroy all copies in your possession.
Unauthorized use of the Web site or any content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Restrictions on Use of the Web site
Except as expressly authorized above, you may not copy, modify, distribute, download, display, transfer, post, or transmit the Web site or its content in any form without our prior written permission.
The following activities are also expressly prohibited without our prior written permission: any non-personal or commercial use; use of any robot, spider, other automatic device, or manual process to monitor or copy the Web site or any of its content; "mirroring" the Web site or any content on any other server; collection or use of product listings, descriptions, or prices for a supplier of competitive or comparable products; and any action that imposes an unreasonable or disproportionately large load on the Web site or otherwise interferes with its functioning.
Posting and Transmitting to the Web site
You may not post or transmit any threatening, defamatory, sexually graphic, inflammatory, profane, or other inappropriate material. We reserve the right to edit or remove any post or transmission that, in our sole judgment, is not appropriate.
Accuracy of Information and Disclaimer of Warranty
We have made every effort to present the content on the Web site accurately, but additions, deletions and changes may occur. Content on the Web site is provided "as is"; neither we nor our representatives make any representation or warranty with respect to the content.
I-40 Computers, Inc. and its representatives specifically disclaim, to the fullest extent permitted by law, any and all warranties, express or implied, relating to the Web site or its content, including but not limited to, implied warranties of merchantability, completeness, timeliness, correctness, noninfringement, or fitness for any particular purpose.
Limitation of Liability
Under no circumstances will I-40 Computers, Inc. or its affiliates have any liability with respect to any claims or damages (whether direct or indirect, special, incidental, consequential or punitive) as a result of your access or use of (or inability to access or use) this Web site or its content, even if they have been advised of the possibility of such damages. You access and use this Web site at your own risk.
Links to this Web site
You may not use our logos, trademarks, or other proprietary graphics in the link without our prior written permission.
Links to Third Party Web sites
The material provided on this Web site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of the Web site is owned by I-40 Computers, Inc. or other parties that have provided it permission for use. Except for the limited rights granted above, all other rights are reserved.
All trademarks are the property of their respective owners. Some images are courtesy of manufacturers.
For Use in the United States
This Web site originates in and is controlled and operated by I-40 Computers, Inc. from its offices within the United States. This Web site may not be appropriate or available for use elsewhere, and access to the Web site from locations where its contents are illegal is not authorized. If you access this Web site from outside the United States, you do so at your own risk.