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.