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POLICY & FORM
RATER
Research & Publishing, Inc.
(DBA) WebTV Discounters
- Terms and Conditions of Sale
Your
credit card will be billed by WebTV
Discounters.
By submitting this order
you are agreeing to be bound by the terms and conditions of the sale as
outlined herein.
USE RESTRICTIONS
The following terms and conditions govern the sale by the entity named on
the invoice (hereafter referred to as "The Company") that will
be provided to Customer on orders for computer systems and/or related
products sold in the United States. By accepting delivery of the computer
systems and/or other products described on that invoice, Customer agrees
to be bound by and accepts these terms and conditions. These terms and
conditions are subject to change without prior written notice at any time,
in The Company's sole discretion.
1. Other Documents.
These terms and conditions may NOT be altered, supplemented, or amended by
the use of any other document(s). Any attempt to alter, supplement or
amend this document or to enter an order for product(s) which is subject
to additional or altered terms and conditions will be null and void,
unless otherwise agreed to in a written agreement signed by both Customer
and The Company.
2. Governing Law.
THE SALE(S) WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA. Venue
and jurisdiction for all disputes will lie in Broward County, Florida.
3. Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation or
acknowledgement does not signify our acceptance of your order, nor does it
constitute confirmation of our offer to sell. We reserve the right at any
time after receipt of your order to accept or decline your order for any
reason. We may require additional verifications or information before
accepting any order, including verification of acceptable method of
payment in accordance with our credit and fraud avoidance policies.
4. Typographical Errors
In the event a product is listed at an incorrect price or with incorrect
information due to typographical error or error in pricing or product
information received from our suppliers, RATER shall have the right to
refuse or cancel any orders placed for product listed at an incorrect
price or incorrect specifications. RATER will have the right to refuse or
cancel any such orders whether or not the order has been confirmed and
your credit card charged. If your credit card has already been charged for
the purchase and your order is cancelled, RATER shall immediately issue a
credit to your credit card account in the amount of the charge.
5. Payment Terms; Orders; Quotes; Catalog.
Terms of payment are within The Company's sole discretion, and, unless
otherwise agreed to by The Company, payment must be received by The
Company prior to The Company's acceptance of an order. Payment for the
products will be made by faxed check, credit card, debit card, lease,
mailed check or purchase order. The Company may invoice parts of an order
separately. Orders are not binding upon The Company until accepted by The
Company. Any quotations given by The Company will be valid for 15 days,
subject to product availability. The Company will not be liable for lost
profits, loss of business or other consequential, special, indirect or
punitive damages resulting from typographical errors, incorrect
information or technical inaccuracies in its Product Catalog.
6. Shipping Charges; Taxes.
When applicable, separate charges for shipping and handling will be shown
on The Company's invoice(s). Unless Customer provides The Company with a
valid and correct tax exemption certificate applicable to the product
ship-to location prior to The Company's acceptance of the order, the
Customer is responsible for sales and all other taxes associated with the
order, however designated.
7. Title.
Title to products passes from The Company to Customer on shipment from The
Company's or a designated shipping point (FOB Warehouse). Title to
software is licensed to customer according to manufacturer's license
agreement.
8. Inspection by Customer.
All products shall be inspected by Customer upon delivery. Failure to
inspect within 48 hours after delivery shall constitute a waiver of
Customer's rights of inspection and shall be equivalent to acceptance of
the product.
9. Warranties.
THE LIMITED MANUFACTURER'S WARRANTIES APPLICABLE TO THE COMPANY'S PRODUCTS
ARE INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS. THE COMPANY
MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN THE
MANUFACTURERS' APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE
INVOICE. APPLICABLE WARRANTIES WILL BE EFFECTIVE ONLY UPON THE COMPANY'S
RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. THE COMPANY
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE COMPANY'S RESPONSIBILITY FOR WARRANTY CLAIMS IS
LIMITED TO REPAIR AND REPLACEMENT. ALL PRODUCT WARRANTIES ARE BETWEEN THE
MANUFACTURER AND THE CONSUMER. ALL WARRANTY COMMUNICATION NEED TO BE
DIRECTED TO THE MANUFACTURER, NOT RATER. The Company reserves the right to
modify its warranty at any time, in its sole discretion. All software is
provided subject to the license agreement that is part of the package.
Customer agrees that it will be bound by the license agreement once the
package is opened or its seal is broken. The Company does not warrant any
software under this Agreement. Warranties, if any, for the software are
contained in the license agreement that governs its purchase and use.
10. On-Site Service Contracts.
If an on-site service contract has been purchased, The Company has no
obligation to provide service or support until The Company has received
full payment for the product or service/support contract for which service
or support is requested. The Company will assist the customer in obtaining
on-site service available to Customer in the United States in accordance
with the then-current terms and conditions set by The Company and/or the
third-party service provider.
The On-Site Service Contract does not cover any loss or damage
resulting from; improper installation of components or peripherals,
unauthorized repairs or modifications, improper use of electrical/power
supply; loss of power, dropped product, collision with another object; any
result of a malfunction or damage of an operating part from failure to
provide manufacturer's recommended maintenance; transportation damage,
damage to cabinetry, attachments; theft, abuse, misuse, neglect,
vandalism, or environmental conditions (fire, floods, corrosion, sand,
dirt, windstorm, hail, earthquake, or exposure to weather conditions);
software and software related problems; losses on any component(s) never
covered by a manufacturer's warranty; any damage to recording media
including any program, data or setup resident on any mass storage devices
such as hard drives, CD-ROM devices, floppy diskettes, tape drives or tape
backups as a result of the malfunctioning or damage of an operating part.
Other exclusions include, but are not limited to; any repair covered by
a manufacturer's warranty; recall or rework, regardless of the
manufacturer's ability to pay for such repairs; damage resulting from
computer viruses; burned in phosphor in CRTs; products with removed or
altered serial numbers; consumables such as toner, ribbons, drums,
developer, ink cartridges, and batteries; removal and reinstallation of an
internal component; cosmetic or structural items, cables and connectors;
component(s) never covered by a manufacturer's warranty; damage, warping
or rusting of any kind in the housing, case or frame of the product or any
non-operating part, including plastic, or decorative parts; loss of data
or for loss of use during the period the product is at a repair facility
or otherwise awaiting parts.
11. Return Policies. ALL CANCELLATIONS MUST BE IN WRITING WITHIN
24 HOURS OF ORDER SUBMISSION. NO RETURNS AFTER PRODUCT IS SHIPPED.
IF WE DO ISSUE AN RMA FOR RETURN AFTER PRODUCT IS SHIPPED THERE WILL BE
a $25 or 25% INSPECTION / RESTOCKING FEE, WHICHEVER IS LARGER.
SHIPPING COSTS ARE NOT REFUNDABLE. IF FREE SHIPPING WAS OFFERED THE
SHIPPING COSTS ENCOUNTERED BY COMPANY WILL BE CHARGED TO THE ORDER BEING
RETURNED WITH A$25 or 25% RESTOCKING FEE.
SPECIAL ORDERS, BULK BID ORDERS, IN OFFICE/HOME SERVICE ORDERS MAY NOT
BE CANCELED AFTER ORDER IS SUBMITTED DUE TO NATURE OF SPECIAL
ORDERS.
12. Special Orders. SPECIAL ORDERS MAY TAKE LONGER TO DELIVER
DUE TO ON DEMAND AND/OR CUSTOM CONFIGURED SYSTEMS AND PRODUCTS.
SPECIAL ORDERS, BULK BID ORDERS, IN OFFICE/HOME SERVICE ORDERS MAY NOT
BE CANCELED AFTER ORDER IS SUBMITTED DUE TO NATURE OF SPECIAL
ORDERS.
13. Exchanges.
From time-to-time, The Company may, in its sole discretion, exchange
products or portions of a product. Any exchanges will be made in
accordance with The Company's exchange policies in effect on the date of
the exchange.
14. Products.
The Company's inventory policy is one of on-going product update and
revision. The Company may revise and discontinue products at any time. The
Company will ship products that have the functionality and performance of
the products ordered, but reserves the right to make changes between what
is shipped and what is described in a specification sheet or catalog if
necessary. The parts and assemblies used in building The Company products
are selected from new and equivalent-to-new parts and assemblies in
accordance with industry practices.
15. Limitation of Liability.
THE COMPANY DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH
HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE
OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. THE COMPANY WILL NOT 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 EXCEPT AS EXPRESSLY PROVIDED
HEREIN.
16. Applicable Law; Not For Resale or Export.
Customer agrees to comply with all applicable laws and regulations of the
various states and of the United States. Customer agrees and represents
that it is buying for its own internal use only, and not for resale. Any
export of Products by Customer is subject to applicable U.S. export
regulations and will be Customer's sole responsibility.
17. Service and Support.
Product service and support are available from the product manufacturer
according to the terms of each manufacturer's warranty.
18. Force Majeure.
Failure of The Company, in whole or in part, to perform its obligations
hereunder when due, if occasioned by act of God or the public enemy, fire,
explosion, flood, riot, war, insurrection, labor disputes, sabotage,
accident, embargo, or by interruption of or delay in transportation, or by
any inadequacy or shortage or failure of supply of product, or by
compliance with any order, direction, action or request of any court or of
any governmental officers, department or agency, or by other cause beyond
The Company's control which makes it impracticable for The Company to
perform, shall not subject The Company to any liability to Customer. In
such event, Customer may, at its option, either cancel such order in whole
or in part or extend the period for performance to the extent of the delay
occasioned by any such circumstance.
19. Use of Site.
By accessing, browsing and using The Company Site, Customer acknowledges
that Customer has read, understood, and agreed to be bound by these terms
and to comply with all applicable laws and regulations, including U.S.
export and re-export control laws and regulations. If Customer does not
agree to these terms, Customer should not use this Site. The material
provided on this Site is protected by law, including, but not limited to,
United States copyright law and international treaties. The Company makes
no representation that materials in the Site are appropriate or available
for use outside the United States, and access to them from locations where
their contents violate applicable laws is prohibited. Those who choose to
access this Site from other locations do so on their own initiative and
are responsible for compliance with applicable laws. Any matter relating
to, and the use of, this Site and the materials contained herein is
governed by the laws of the State of Texas.
20. Use of Trademarks.
The trademarks, service marks, and logos (the "Trademarks") used
and displayed on this Site are registered and unregistered Trademarks of
The Company and others. Nothing on this Site should be construed as
granting, by implication, estoppel, or otherwise, any license or right to
use any Trademark displayed on this Site, without the written permission
of the Trademark owner. The name of The Company or The Company logo may
not be used in any way, including in advertising or publicity pertaining
to distribution of materials on this Site, without prior, written
permission.
21. Confidentiality.
The Company will not disclose to any third party any specific information
provided by Customer except as contemplated by these terms and conditions
and as may be reasonable or necessary to process orders, verify
information provided and to collect amounts owed to The Company. However,
The Company does not warrant to Customer and disclaims any responsibility
for maintaining the confidentiality of information provided by Customer in
using this Site and in ordering products or services. In using this Site,
Customer acknowledges that there are inherent risks associated with the
electronic transmission of information over the Internet and that The
Company will not be liable to a Customer except for willful misconduct or
gross negligence on the part of The Company.
22. Headings.
The section headings used herein are for convenience of reference only and
do not form a part of these terms and conditions, and no construction or
inference shall be derived thereof.
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