Terms & Conditions / Return Policy
1. TAXES: PURCHASER will be responsible for and shall pay all applicable
taxes, fees, levies, imports, duties, withholdings or other charges (including
interest and penalties thereon, if any) imposed by taxing authorities by reason
of the sale and delivery herein provided for. In the event PURCHASER is buying
for resale, a duly executed resale certificate shall be delivered to SELLER
prior to delivery for the state where delivery takes place. If the appropriate
information provided on the reverse side hereof, this form shall constitute such
resale certificate.
2. TITLE AND SECURITY INTEREST: Title to the Equipment shall be free of all
liens, claims, and encumbrances of any kind and shall vest in PURCHASER at such
time as PURCHASER'S obligations hereunder are satisfied in full. If the balances
due to SELLER from BUYER hereunder is not paid when due, there shall be added to
the amount due to SELLER hereunder a service charge of 1 ½% for each month of
fraction thereof said monies are past due, and the amount of all reasonable
attorney's fees actually and reasonably incurred by SELLER in collecting such
amount or in repossessing the Equipment.
3. MAINTENANCE AND WARRANTY: Unless noted otherwise on previous page(s), the
SELLER warrants the following SELLER warrants the Equipment will be eligible for
the manufacturer's maintenance agreement at the time of delivery. SELLER
WARRANTS THAT EQUIPMENT WILL BE AT CURRENT ENGINEERING LEVELS. SELLER MAKES NO
OTHER WARRANTY, EXPRESSED OR IMPLIED AS TO ANY MATTER WHATSOEVER, INCLUDING
WITHOUT LIMITATION, THE DESIGN OR CONDITION OF THE EQUIPMENT, ITS FITNESS OR
CAPACITY OF DURABILITY FOR ANY PARTICULAR PURPOSE. THE QUALITY OF THE MATERIAL
OR WORKMANSHIP OF THE EQUIPMENT OR CONFORMITY OF THE EQUIPMENT TO T THE
PROVISIONS AND SPECIFICATIONS OF ANY PURCHASE ORDER OR ORDERS RELATING THERETO,
AND, AS, TO SELLER. PURCHASER PURCHASES THE EQUIPMENT "AS IS." PURCHASER shall
upon delivery of the Equipment, inspect the Equipment and notify SELLER, in
writing within ten (10) days of delivery or on the date manufacturer accepts the
Equipment for a maintenance agreement, whichever occurs first, of any defects or
Nonconformity's whatsoever in the Equipment. Failure of PURCHASER to notify
SELLER shall constitute an acceptance of the Equipment and waiver of all defects
and/or nonconformity's in the Equipment.
4. NOTICES: Any notices provided for herein shall be in writing and sent by
registered or certified mail, postage prepaid, addressed to the party for which
it is intended at the address set forth on the reverse side of this Agreement,
or to such other address as either party shall from time to time indicate in
writing said notice to be deemed effective upon receipt or three days from the
date of mailing, whichever comes first.
5. OPTION TO TERMINATE: In the event Purchaser refuses or is unable to accept
delivery of the Equipment by the date set forth in Section 3 hereof, then
SELLER, at its option, may (A) (i) terminate this Agreement upon notice to
Purchaser, (ii) take immediate possession of the Equipment, and (iii) retain all
money paid hereunder to the date of such notice toward liquidated damages if it
shall so elect, in addition, it may recover its actual loss, and (B) exercise
any other right or remedy available to SELLER by law or equity.
6. FORCE MAJEURE: If SELLER is unable to deliver the Equipment because of an act
of God or any contingency, delay, failure or other cause beyond the control of
SELLER, SELLER shall not be liable for such failure during the period of and to
the extent of said disability. If said disability shall prevent or interfere
with the shipment of the Equipment by carrier which SELLER would have ordinarily
have used, said shipment shall not be made by a more costly carrier unless
PURCHASER shall advise SELLER that PURCHASER will assume and pay additional
costs.
7. PURCHASER'S PURCHASE ORDER: SELLER agrees that PURCHASER may order Equipment
by Purchase Order if required for its internal processing. PURCHASER agrees that
any conflicting or additional terms and conditions on such Purchase Order shall
be of no force or effect with respect to this transaction.
8. MISCELLANEOUS:
A. This constitutes the entire Agreement between SELLER and PURCHASER with
respect to the sale of the Equipment and no representation or statement not
contained herein shall be binding upon SELLER or BUYER as a warranty or
otherwise unless in writing and executed by both SELLER and PURCHASER.
B. This Agreement shall be binding and inure to the benefit of the parties
hereto and their respective successors and assigns.
C. This Agreement shall be governed by and construed in accordance with the laws
of the State of Minnesota including but not limited to all matters of
construction, validity, performance and enforcement.
D. In the event that SELLER prevails in any action to enforce the terms and
conditions of this Agreement in any arbitration or litigation, SELLER shall be
entitled to recover from PURCHASER its reasonable attorneys' fees and costs,
including those incurred on appeal, as determined by the arbitrator or court.
E. This agreement is subject to acceptance by SELLER at its offices in
Minnesota, and shall only become effective on the date thereof.
F. This agreement may be executed in multiple counterparts, each of which shall
be deemed to be an original and of equal force and effect.
G. Time is of the essence
H. Freight charges will not be refunded under any circumstances.
I. Core exchange charges: If this core exchange part is not returned within 14
days, buyer agrees to pay a minimum fee equal to the original sale price.
Charges will be applied to the original credit card used during purchase.
J. All sales are final. No returns. Equipment is sold as is unless otherwise
stated in writing by seller.
9. RETURNS / RMA POLICY & PROCEDURES
A. All items sold have been PHOTOGRAPHED, MARKED, SERIALIZED and in most cases
SECURITY SEALED for your protection.
B. Our shipping and receiving department will reject items returned without the
Authorized RMA number on the box. WRITE THE AUTHORIZED RMA # ON THE OUTSIDE OF
THE BOX LEGIBLY.
C. Customers are responsible for the return of any RMA items to Minnesota
Computers, including freight charges, packaging, and shipping labels. Items to
be returned, must be packed with materials equivalent to the way the customer
received the original shipment. Minnesota Computers recommends that all packing
materials be kept until items are determined to be in satisfactory condition.
RMA# will expire 14 days after it is issued. Any items received after the RMA
expiration date will not be given credit nor refunded. It will be the
responsibility of the customer to retrieve any part returned after this time. (i.e
Call tag) Late returns shipped and left at Minnesota Computers after 5 business
days become the property of Minnesota Computers.
D. Warranty is voided if any security seals are broken or removed. All sales are
final. Equipment is sold as is unless a warranty period is specified in writing
on the sales contract.
E. RMA’s will not be issued after any warranty period has expired. “Your
customer just opened the box” is not a valid excuse.
F. RMAs will not be issued for items damaged in transit. A replacement item must
be purchased while the carrier is processing the claim. Any freight damage
claims must be filed within 24 hours of receiving the item from the carrier. Any
claims resulting from carrier negligence need to be filed by the buyer. Save all
packing materials, call the carrier immediately to report the damage and
schedule an onsite inspection. If needed: Your Minnesota Computes Sales Rep will
assist you with instructions on how to do this properly. We will do all we can
to assist you in filing your claim.
G. RMA’s will only be issued after our technical assistant department has
reviewed the issue Let our trained technicians assist you in trouble shooting
before asking for a RMA or claiming defective equipment. Minnesota Computers is
here to assist you in any way we can.
H. RMA replacements will only be shipped by ground service unless pre-approved
by Minnesota Computers management.
I. Authorized RMA items found to be in good working order will be subject to a
restocking fee (40% of the original purchase price. Min.$50.)
J. Unauthorized returns will not be refunded. Any unauthorized items returned to
Minnesota Computers must be picked up within 72 hours at the buyer’s expense.
After 72 hours, if buyer has not picked up the unauthorized item, the items will
become the property of Minnesota Computers.
K. Freight charges will not be refunded under any circumstances.
L. Core RMAs that are returned must be a repairable part. If the part is broken
or unrepairable you will not get credit and will be invoiced. The part will be
sent back to you on your freight account number. If no freight account number is
provided you will be invoiced for the freight.
10. SHIPPING CHARGES:
If for any reason product is shipped on SELLERS's freight account (ie. Fedex,
DHL) PURCHASER agrees to pay SELLER for all freight charges including taxes,
fees, levies, import, and duties associated with the shipment of the product(s).
This includes products shipped from off site locations. All freight charges are
nonrefundable. Reimbursement from shipping charges are due to SELLER the day
PURCHASER is invoiced. PURCHASER agrees to reimburse shipping charges to SELLER
in the same means as the products purchased (ie. Credit Card).
You are also responsible for all charges, including transportation charges and
possible surcharges, and all duties and customs assessments including fees
related to our prepayment of same, governmental penalties and fines, taxes, and
our lawyers' fees and legal costs, related to this shipment.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and do
hereby warrant and represent that the execution and delivery of this Agreement
has been duly authorized by all necessary and appropriate corporate action and
constitutes a valid, legal and binding Agreement enforceable in accordance with
its terms.
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