TERMS AND CONDITIONS OF SALE
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS 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 C3 Electronix entity named on the invoice (“C3 Electronix”) that will be provided to you (Purchaser) 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 C3 Electronix, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN OR (ii) OTHER C3 Electronix STANDARD TERMS APPLY TO THE TRANSACTION. These terms and conditions are subject to change and will take effect upon posting on C3 Electronix’ website of the update to the terms and conditions.
1. 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. Published prices do not include shipping and insurance.
In the event of stock unavailability, if a customer has chosen to purchase and wait for stock, the prices are fixed at the time of sale.
2. Quotations
Quotations are subject to acceptance within 30 days. All Quotations apone aproval require full payment of equipment being purchased at time of signing. Quotations are based on the cost of products and/or services, labor and materials on the date of the quote. If changes occur in cost of materials, labor, or other costs prior to acceptance, or if the customer requires changes in the shipping subsequent to acceptance, the right is reserved to change the price quoted. Unless otherwise confirmed by us in writing, all prices given are exclusive of applicable State sales tax.
3. Purchase & Sale
The party whose name appears after the heading (Bill To :) is the Purchaser, and hereby orders from C3 Electronix (C3 Electronix), the product(s) listed on the order invoice. C3 Electronix 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).
4. Purchase Price
Purchaser shall pay the total purchase price plus any applicable shipping and handling 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.
5. 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. C3 Electronix reserves the right at any time after receipt of your order to accept or decline your order for any reason. C3 Electronix 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. 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.
6. Orders for Collection
Customers must collect all orders within two months of the invoice date.
7. Data Loss
Either on C3 Electronix premise or on-site of customer, C3 Electronix is not responsible for any loss of data during the customers visit or while in the possession of C3 Electronix and the company's employees.
8.. LIMITED HARDWARE WARRANTY POLICY
A Limited Hardware Warranty generally provides a warranty that the Product is free from material defects in materials and workmanship that cause product failure during fair and reasonable usage of the Product for the warranty period.
Generally, a Limited Hardware Warranty does not apply to product failure due to, but not limited to, the following reasons:
• Improper installation or handling or non-compliance with instruction manual or other warranty provider instructions.
• Accident, abuse, misuse, neglect, normal wear and tear, corrosion, physical damage, rusting and staining, and all other forms of improper usage.
• Damage from external causes and natural disaster, such as flood, storm, fire, sand, dirt, earthquake, an Act of God, exposure to sunlight, weather effect, lightning, moisture, water, liquid, heat, vibration, corrosive environment, electrical surge, battery leakage, theft or damage caused by the connection to other products not recommended for interconnection.
• Any Product that has had its serial number altered, defaced or removed.
• Insufficient or excessive electrical supply.
• Abnormal mechanical or environmental conditions.
• Unauthorized disassembly, alterations, repairs or modifications.
• Damage to the Product or it being rendered ineffective due to putting in, using, or attempting to put in or use, products/modules/parts/components that are: (i) not designed to specifications provided in the user guide or at our web site, (ii) incompatible with the Product, and/or (iii) counterfeit products/modules/parts/components. Whether a product/module/part/component is incompatible or a counterfeit shall be at our sole determination.
• Installation of any incompatible third party application or any corrupted application or content that affects the Product’s software or firmware.
• Damage or loss of data due to (i) interoperability with current and/or future versions of operating systems or other current and/or future software and hardware, (ii) a computer virus, worm, Trojan horse or memory content corruption, or (iii) malfunction of or defect in the Product.
• In the case of communications products, the use of the Product outside the borders of the country that it is intended for (as indicated by any local telecommunication approval stickers).
C3 Electronix and the provider of the Limited Hardware Warranty shall not be liable for:
• Loss of data during the use or attempted use of the Product or any of our or our affiliated companies’ service(s). Data retrieval or recovery is not covered under this warranty, and is not part of the warranty repair or exchange process.
• Damage to other products, including but not limited to personal computers, used with the Product.
• Third party charges and costs incurred by You for troubleshooting, removing, servicing, repairing or installing any Product(s) or Software or third party-branded products or software.
• Damage resulting from a third party-branded product or software that causes the Product to fail.
• Any consequential, indirect or incidental damages, lost profits, lost savings, loss of business investments, loss of goodwill, or interference with business relationships as a result of lost data and from the usage of the Product or any of our or our affiliated companies’ service(s).
• Any period of time the Product is at the service center or in transit. Purchaser’s citing this period of time in an attempt to extend the warranty period shall have no effect.
The Limited Hardware Warranty may give Purchaser specific legal rights. Purchaser may also have other rights, which vary from state to state and country to country. The terms of the Limited Hardware Warranty generally do not exclude such rights. Some states and countries disallow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages or the exclusion of liability for injury (including death) caused by negligence, so the above limitations or exclusions may not apply to Purchaser depending on the relevant jurisdiction.
Please refer to any Limited Hardware Warranty or other warranty documentation accompanying Your Product for more specific terms and conditions.
In the event of any conflict with the terms of this policy, the terms of the Limited Hardware Warranty or other warranty document accompanying Your Product shall govern.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, C3 Electronix 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 C3 Electronix BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL C3 ELECTRONIX'S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).
9. DOA Policy
Any new, unused, unsold, undamaged product that proven to be defective within 7 days of the invoice date shall be deemed as dead-on-arrival ("DOA"), subject to verification by C3 Electronix.
DOA products MUST be claimed with C3 Electronix within 7 days of the invoice date. All product(s) requested and authorized as return for DOA (Dead on Arrival) must be received by C3 Electronix within the 30 days of original purchase date.
C3 Electronix reserves the rights to repair, exchange or issue credit to Purchaser on DOA product.
10. Cancellation & Unauthorized Returns
If Purchaser purports to cancel an approved order and wrongfully refuses to accept the product(s), Purchaser shall pay to C3 Electronix a sum equal to twenty five (25) percent of the sales price and, if shipment has been made, Purchaser shall also reimburse C3 Electronix for all cost of shipment. Notwithstanding the foregoing, if Purchaser attempts to return the product(s) without legal excuse, C3 Electronix 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 C3 Electronix.
11. Payment
Full payment is due on collection and goods will not be released to Purchaser until payment has been made. For orders requiring shipment, full payment is due at the time an order is placed.
All other payments are due within 30 days of recieved invoice otherwise
a 5% late fee will be applied per month that it is late.
12. Jurisdiction and Venue
Buyer agrees that any legal action brought against C3 Electronix shall be governed by the laws of the State of Wisconsin without regard to its conflict of law principles. Purchaser agrees that the sole jurisdiction and venue for any litigation arising from orders made to C3 Electronix shall be an appropriate federal or state court located in Wisconsin.
13. Miscellaneous
C3 Electronix may amend any terms and conditions at any time and take effect upon posting on C3 Electronix’s website. This document sets forth the entire and final understanding of Purchaser and C3 Electronix pertaining to the subject matter hereof and supersedes all prior agreements, whether oral or written, and shall not be amended except by a written agreement signed by both parties. C3 Electronix’ 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 Wisconsin, 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 of Wisconsin, and the parties consent to the jurisdiction of these courts.