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Terms and Conditions
Terms and Conditions of Sale PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. This Agreement contains the terms and conditions that apply to your purchase from the GammaTech entity named on the invoice (GammaTech) that will be provided to you (Customer) on orders for computer systems, related products, services and support sold in the United States. By accepting delivery of the computer system(s), other products and or services and support described on that invoice, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY, UNLESS (i) THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH GAMMATECH, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR (ii) OTHER GAMMATECH STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change and will take effect upon posting on GammaTech's website of the update to the terms and conditions. Ordering Information Billing and Shipping Information. To ensure that we meet your shipping needs, please pay special attention when entering your billing, shipping and telephone information. For your security, we reserve the right to verify all billing addresses with the issuing bank and confirm all shipping addresses to protect each of our customers from the potential risk of credit card abuse. GammaTech will ship within the time frame requested and accepted by GammaTech. Accurate billing and shipping information will allow us to accomplish this. Pricing, Specifications & Availability Prices, specifications, and availability of products are subject to change without notice. Changes will not affect orders that have already been accepted. Due to the volatile nature of the computer market, descriptions may not reflect current technical information. Any typographical, photographic, or specification error in product, pricing, or offers is subject to correction. GammaTech may change its pricing, product description, or specification after any order confirmation or response e-mail, but prior to shipment due to errors, changing market conditions, product discontinuation or unavailability, typographical errors, or any other reason. Published prices do not include shipping and insurance. Export: To comply with certain vendor agreements and government regulations, GammaTech reserves the right to refuse the exporting of products from the United States at any time. If you are purchasing products for export, you are responsible for the necessary export documentation before shipment is made to a foreign country. Manufacturer's warranties may vary or be null and void for exported products. Purchase & Sale The party whose name appears after the heading (Bill To:) is the Purchaser, and hereby orders from GammaTech Computer Corp. (GammaTech), the product(s) listed on the order invoice. GammaTech agrees to sell the product(s) upon the terms and conditions contained in this document. Purchaser shall be deemed to have agreed to all terms and conditions contained in this document, if Purchaser fails to object thereto in writing, before the earliest of the following times: (I) When Purchaser pays for the product(s), or, (II) When Purchaser accepts delivery of the product(s). Purchase Price Purchaser shall pay the total purchase price plus shipping and handling, if any, as specified on the invoice and any sales, or other applicable 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 limitation, any additional sales, use, gross receipts, privilege, excise, value added, or personal property taxes unless otherwise specified in writing in this document. Order Acceptance Policy Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. GammaTech reserves the right at any time after receipt of your order to accept or decline your order for any reason. GammaTech reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item unless total fulfillment of product is specified on the order. All orders placed over $100.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. Dispute of Charges is not acceptable. If there is anything wrong with the merchandise, please contact customer service for more information. Shipments: Tax, Title and Risk of Loss Unless otherwise specified in writing in this document, shipping terms are FOB point of shipment. Invoice will list a separate line item for shipping and handling charge. Unless Purchaser provides GammaTech with a valid tax exemption certificate the Purchaser is responsible for sales tax and all other taxes associated with the order. Title and risk of loss or damage to the product(s) shall pass to Purchaser upon delivery to the carrier at shipping point. Title to software will remain with the applicable licensor. Warranty: GammaTech Computer Corp. Purchaser shall inspect the product(s) at the time of delivery and shall notify GammaTech of any defects or discrepancies within one (1) day of receipt of product(s). Absent such notification, Purchaser shall be deemed to have accepted the product(s). Unless otherwise stated on the original invoice, GammaTech provides twelve months warranty from the date of invoice for product(s). Our limited warranties with additional warranty options and ExpressCare48 service plans are among the best in the business. For an overview of our plans, refer to GammaTech.com site for latest update. A complete list of the limited warranty terms and conditions are included with the shipment and the following below. Any defective product(s) that are returned to GammaTech must have freight prepaid, according to the Return Material Authorization Procedure set forth in Section 8 below. GammaTech reserves the right to replace defective parts with equivalent parts, new or refurbished, as GammaTech deems necessary. Purchaser shall bear all responsibility for shipping charges and risk of loss or damage during transit to GammaTech. Products that have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by GammaTech, are not covered by warranty. Any alterations, additions, improvements or attachments to the product(s) not authorized in writing by GammaTech shall be deemed to be a waiver of this warranty by Purchaser and shall render this warranty null and void. GammaTech shall return repaired or replaced product(s) to Purchaser, at its expense, via regular ground service within the 48 contiguous United States. Shipping charges by all other methods and to all other destinations shall be borne by Purchaser. The warranty does not extend beyond the original Purchaser of Product(s) from GammaTech. Opened software is non-returnable. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, GAMMATECH DISCLAIMS AND MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. IN NO EVENT SHALL GAMMATECH BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL GAMMATECH'S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S). DOA Policy If a product(s) fails, does not properly function within 20 (twenty) days of the invoice date, GammaTech will replace the product(s) subject to Purchaser obtaining a valid RMA number. All authorization is provided after troubleshooting with GammaTech's Technical Support department prior to RMA being issued. All product(s) requested and authorized as return for DOA (Dead on Arrival) must be received by GammaTech within the thirty (30) days of original purchase date. RMA Credit Policy No credit will be issued unless approved by GammaTech. Returns for credit shall only apply to product(s) purchased within the first fifteen (15) days of original invoice date which a 15% or more restocking fee will be assessed and charged for product returned for credit. Return Material Authorization Procedure To obtain a Return Material Authorization (RMA) Number, Purchaser must: 1. Download our RMA form or call GammaTech Customer Service Representative at 1-510-492-0828. 2. Provide the invoice number, date of purchase, and serial number of items to be returned, and reason for return. RMA numbers are valid for 15 days from date of issuance. If it is not received within 15 days from the issuance you must obtain a new RMA number. Otherwise, the shipment will be refused. GammaTech will not accept freight collect or any international shipment requiring a Broker or Customs Fee as well as duty, or any other fee. It is the Purchaser's responsibility for any shipping and improper packing damage. Packing and Shipping: 1. Attach a copy of the original invoice along with the RMA form with RMA number issued by GammaTech. 2. Pack items in original shipping containers with all accessories, including manuals, cables, diskettes, etc. For product(s) repairs only, do not enclose the manuals or disks with the returned product(s). GammaTech does not repackage or supply these items on repair and cannot return the same items. Only the items sent for repair will be returned. 3. Mark RMA number clearly on the outside of each container. 4. Ship to GammaTech's factory service depot, freight prepaid and insured. Replacement or repair will be made when GammaTech receives the merchandise. No advance replacement is available. In the event a product(s) under warranty cannot be repaired or replaced, an alternative product(s) of equal or greater performance will be provided. Cancellation & Unauthorized Returns If Purchaser purports to cancel its order and wrongfully refuses to accept the product(s), Purchaser shall pay to GammaTech a sum equal to twenty (20) percent of the sales price and, if shipment has been made, Purchaser shall also reimburse GammaTech for all cost of shipment. Notwithstanding the foregoing, if Purchaser attempts to return the product(s) without legal excuse, GammaTech may, in its discretion, refuse delivery and pursue its remedies hereunder and under applicable law, which shall include, for example, the right to file a legal action against Purchaser for the full purchase price and incidental damages suffered by GammaTech. Payment Payment shall be made promptly according to the terms shown on the invoice. Beyond this period, invoices are considered to be past due. All amounts not paid within these terms shall be subject to a service charge of one and one-half percent (1.5%) per month or the maximum amount allowed by law, whichever is more. Until the purchase price and all other charges payable to GammaTech hereunder have been received in full, GammaTech hereby retains a security interest in the products delivered to Purchaser and any proceed therefrom. In the event of a default in payment by Purchaser, GammaTech may take possession of the product(s) on Purchaser's premises or elsewhere, and all rights of action for trespass or other causes are waived. Purchaser shall cooperate in whatever manner necessary to honor said security interests and hereby grants GammaTech power of attorney to sign any documents necessary for such purpose in the event of Purchaser's refusal or failure to do so. The extension of credit or the acceptance of notes or guarantees of payment shall not affect such security interests and liens. Purchaser agrees to pay a $25.00 charge for the returned check and all collection costs including legal fees if applicable. Jurisdiction and Venue Buyer agrees that any legal action brought against GammaTech shall be governed by the laws of the State of California without regard to its conflict of law principles. Purchaser agrees that the sole jurisdiction and venue for any litigation arising from orders made to GammaTech shall be an appropriate federal or state court located in Alameda County California. Miscellaneous GammaTech may amend any terms and conditions at any time and take effect upon posting on GammaTech's website. This document sets forth the entire and final understanding of Purchaser and GammaTech pertaining to the subject matter hereof and superscedes all prior agreements, whether oral or written, and shall not be amended except by a written agreement signed by both parties. GammaTech's agents have no authority to make representations, warranties or promises, which are not contained in this document. The failure of either party to enforce at any time, or for any period of time, the terms of this document shall not be construed as a waiver of such terms or the rights of such party thereafter to enforce each term contained herein. If any term contained in this document is held invalid by a court of competent jurisdiction, such holding shall not affect the validity of any other term. This document and all questions of interpretation, performance, enforcement and the rights and remedies of the parties hereunder shall be determined in accordance with the laws of the State of California, USA. Any legal action or proceeding arising from or related to this document or the transaction described herein shall be brought and maintained in state court in Alameda County, California or in the Federal District Court for the Northern District of California, and the parties consent to the jurisdiction of these courts. No action, regardless of form, arising out of or related to the transaction described in this document may be brought by either party more than one year after the cause of action arises, or in the case of non-payment, more than four years after the date of this document.
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