Our Policies and Terms of Sale
Terms of Sale Agreement
<%= XConfig.cStoreName %>is an Internet e-commerce company that operates the <Website Name> Website permitting you to have direct online access to product catalogs. This agreement shall govern your access and use of our website. By accessing the <%= XConfig.cStoreName %>web site, you agree to be bound by the listed terms and conditions as listed within this agreement.
Orders and Acceptance
Order modifications are acceptable before the order is submitted. By submitting an order in <%= XConfig.cStoreName %>'s site you are accepting responsibility for such order, payment, the shipping details and service level you selected. If you refuse to receive the products ordered upon arrival, immediate evaluation of further business with you will be conducted and you may be subject to cancellation fees at the sole discretion on <%= XConfig.cStoreName %>. <%= XConfig.cStoreName %>will not consider any claim for loss, indemnity or refund until liability, if any, has been established or agreed up with the applicable manufacturer and where applicable the shipper and/or insurance company.
<%= XConfig.cStoreName %>does not warrant product descriptions or any content of this site to be accurate, complete, reliable, current, or error-free. It is your responsibility to make sure you are ordering the correct product for your needs. We only consider the product's manufacturer part or model number as the valid identifier for the transaction. If you receive a product from <%= XConfig.cStoreName %>where the manufacturer's product number does not match the manufacturer product number you ordered, please follow our return procedure to ensure a credit to your account or immediate delivery of the correct product.
Our company offers catalogs of products to authorized resellers, value-added resellers, service centers, as well as corporate and individual consumers. The products listed for sale on <%= XConfig.cStoreName %>'s website are the only products made available by <%= XConfig.cStoreName %>, either directly or from various distributors who have made their product catalogs available. All sales of product are considered final and shall be governed solely by the terms and conditions of this Agreement along with any other terms and conditions listed on our <%= XConfig.cStoreName %>'s catalog and invoice, as amended from time to time. Any conflicting terms in your purchase order or elsewhere are without effect. <%= XConfig.cStoreName %>reserves the right to accept or decline, at its sole discretion, to sell you.
Our freight engine calculates freight charges on the basis of information obtained from the product's manufacturer and distributors. However, although we make every effort to make sure we have complete weight and dimensional information for all products, some may become available for sale without the weight and dimensional information required to pre-calculate the freight. Also, manufacturers may change the product weight and dimensions without notice, resulting in changes to the freight charges we quoted.If the product you select does not have the weight or dimensional information needed to calculate the freight, you will be notified at the time of checkout and you can decide whether or not to proceed with your order. We measure and weigh all products at the time of receipt. Therefore, in the case of a product which had no weight or dimensional information, or where the stated weight and dimensions changed, we will recalculate and correct the freight charges and invoice your order accordingly. On request, we will be pleased to document the basis for our charge.
<if Applicable> <%= XConfig.cStoreName %>shall ship product in accordance with the shipping method you defined through your selection as you place your order. The cost of shipping and any other related costs are displayed as you checkout and will be added to your order. A confirmation of the transaction's particulars will be made available to you online and transmitted to the e-mail address you specified.
For Florida customers, <if Applicable><%= XConfig.cStoreName %> shall calculate and add the applicable sales tax to the sale unless you provide us with a valid Florida Sales Tax Resale Certificate and provide us with a signed Sales Tax Exemption Certificate: available for download here: Tax Exempt Certificate. You shall be solely responsible for the collection, reporting and remittance to the appropriate tax authorities of any taxes assessed on the sale of product which was sold you under your tax exemption certificate. You agree to indemnify and hold <%= XConfig.cStoreName %>harmless from and against all liability for sales and /or use taxes and import or export duties arising from or in any way connected with the sale of product.
Terms of Sale (Incoterms) Policy <if Applicable>
We adhere to the principles laid down by ICC's INCOTERMS 200. For information on INCOTERMS definitions, please consult the ICC (International Chamber of Commerce) website.
Clearance & Delivery Note: <if Applicable>
Some countries impose a value or weight limit on the shipments that can be cleared by the carrier. If your shipment exceeds this limit, you may have to select a broker to clear the shipment for you. Please consult your broker or select a broker in your country from our broker guide published in the Information page. We have selected these brokers for their ability to work with our selected carriers as well as process the clearance and delivery of your shipment in a timely manner. If you select a broker from our broker guide, we will automatically forward your order's documentation to them so they can initiate the clearance process. The selected broker will contact you directly to arrange the payment of the applicable clearance charges, duties, taxes and delivery charges.
Prepaid: Unless otherwise specified, ordering from <%= XConfig.cStoreName %>requires a prepayment. For all prepaid orders, your funds must arrive at <%= XConfig.cStoreName %>and clear before we ship your order.
Open Account: <%= XConfig.cStoreName %>offers Net 30-day terms. If you wish to apply for open account terms of sale, you must first complete, sign, and fax us a Credit Application, which will be reviewed by our credit department.
Open Account terms of sale also require the backing of an Irrevocable Standby Letter of Credit in favor of <%= XConfig.cStoreName %>. - please refer to the Standby Letter of Credit Instructions. A letter of credit is a standard secured financing tool used in this industry. In the event your payment does not arrive within 5 days of the due date, we would issue a draft and draw against the Standby Letter of Credit.
Under Open Account terms of sale, your company agrees to pay <%= XConfig.cStoreName %>in full all invoice(s) on or before the due date.All unpaid invoices shall bear interest at an amount equal to 1.5% of the outstanding balance per month (or the maximum rate of interest allowed to be contracted for by law, whichever is less), commencing upon the date payment is due. Your failure to make a timely payment may also result in additional actions on our part, which would include but are not limited to: initiating a collection proceeding, revoking your credit line, holding your shipments, and delaying and canceling any future deliveries. We may also seek the repossession of any delivered goods corresponding to unpaid invoices as well as termination of any sales agreements in effect.
Notwithstanding any "net" payment provisions specified on the invoice, <%= XConfig.cStoreName %>shall have no continuing obligation to deliver Products on credit, and any credit approval may be withdrawn by <%= XConfig.cStoreName %>at any time without prior notice.
Accepted Methods of Payment <To be Defined>
We accept the following methods of payment. For detailed information on the conditions associated with each method of payment, please check our Payment Methods page.
1. Cashier's Checks, Bank Checks, International Drafts
2. Exchange House Checks (Casas de Cambio)
3. Traveler's Checks
4. Money Orders
6. Personal Checks and Company Checks
7. Wire Transfers
9. Credit Cards (domestic and International Visa, MasterCard, and Diner's Club)
Important Credit Card Conditions
You agree that by asking <%= XConfig.cStoreName %>to accept payment by credit card, <%= XConfig.cStoreName %>. s Customer Service Policy supercedes your ability and right to dispute a credit card charge. You agree that you cannot dispute a credit card charge if either: (1) the corresponding order was placed under your Account Number, PIN Code, and Password; (2) the order was delivered to a address different than the one on your credit card provider's database.
If you give your Account Number, PIN code and Password to another person, you are enabling access to your account and allowing that person to modify your account, including adding other shipping addresses, and place orders under your account using your default credit card information. You are responsible for the security of your Account Number, PIN code and Password and for any resulting purchases made under your account.
CARRIERS AND SERVICE LEVELS <Consider Carefully this policy>
At the time you place the order, you are determining or selecting the suitable carrier and service level. Our site will provide you with delivery information, which you can accept or reject at will. We ship the products ordered on the day they arrive in our warehouse. You will be informed when to expect delivery of your product when you place your order. This depends in part on the transportation company and level of service you select on checking out. If you have any questions, please contact us by email.
Export Compliance Policy <if Applicable>
<%= XConfig.cStoreName %>is committed to complying with all export regulations set forth by the United States of America. All products and services purchased from <%= XConfig.cStoreName %>are subject to all pertinent import and export laws, and regulations of the United States. These include but are not limited to the rules cited by the U.S. Export Administration Regulations (EAR). Transaction are also subject to the EAR's Restrictive Trade Practices or Boycotts regulations. You agree that you will not transfer, export or re-export, directly or indirectly, to any person, firm or country on the: Denied Persons List, Debarred Parties or Specially Designated Nationals lists or to Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria and any other country designated by the U.S. Government, as prohibited by U.S. law.
You agree that you will not transfer, export or re-export, directly or indirectly technical data, for use or to users in military or proliferation activities (Nuclear, Missile, Chemical or Biological Weapons) without an approved U.S. export license. You agree that you will not export or re-export any products purchased from <%= XConfig.cStoreName %>except in compliance with all applicable U.S. export control regulations and any requirements imposed by the authorities in the country of exportation. These requirements shall survive the termination of our relationship with you.
Your Account Number, Pin Code and Password
Your Account Number and Password are your sole responsibility. You should take all necessary actions to safeguard their security and their use in accessing and ordering products from <%= XConfig.cStoreName %>. You should not disclose your Account Number and Password to any other person. We recommend that you setup additional PIN Codes in order to authorize other individuals to order from the <%= XConfig.cStoreName %>site. Please be aware that these additional users would be ordering under your account's terms and conditions. You will be solely responsible for all unauthorized use of your Password by its employees or by third parties. Please keep in mind that if you set up your account to bill your credit card, by authorizing another user on your account, you are authorizing them to also place orders and bill them to the credit card number that you provided.
Our site is operated on a Secure Server under a Thawte SSL Web Server Certificate. Authentic Sites using Thawte SSL Web Server Certificates offer secure communications by encrypting all data to and from the site. Thawte has verified our company registration documents and the site's registered domain name before issuing an SSL certificate. You may check the site's validity yourself by clicking on the Thawte SSL logo. We recommend that you always check a site's certificate before entering any sensitive information. The SSL certificate encrypts all the information exchanged between our Web server and your browser under 128-bit encryption. By 1999 Thawte had captured 41% of the global SSL certificate market and in December 1999, VeriSign acquired Thawte. Thawte is a Verisign company.
It is our policy not to share any information about our customers without your express permission or unless compelled to comply with Florida law, or protect the rights, property, or safety of <%= XConfig.cStoreName %>, our users, or others. This policy includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. If you have any concern about privacy at <%= XConfig.cStoreName %>, please send us an e-mail and we will address it.
Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser.
Credit Card Processing and Information
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to our credit card processor during order processing. We further protect you by storing the different parts of your credit card information in separate data tables located on servers that cannot be accessed from the Internet or from any other workstations in our office.
<YOUR COMPANY> Protects Credit Card Transactions
Credit card fraud is a felony and we will aggressively prosecute anyone attempting to misuse a credit card number. We track transactions and use all reasonable means available to report persons attempting fraud. For your protection and for fraud detection purposes, we record and store the IP address each time you log onto our site. All suspicious transactions will be investigated and reported to credit card companies. In addition, we will not accept a credit card order from a free, web-based, or e-mail forwarding service website, or any website that offers anonymity to the user.
We authorize and process returns only for items purchased from <%= XConfig.cStoreName %>In order to obtain a return authorization, which is required under <%= XConfig.cStoreName %>'s policy, follow instructions in our information page, and complete what is requested. <%= XConfig.cStoreName %>will answer you with a specific resolution for your request based on the manufacturer's warranty policy.
How to Obtain a Credit <Consider Carefully this policy>
If the manufacturer authorizes a credit, the credit memos will be issued for the current cost of product being returned less an adjustment for any missing components. If your account is current a refund may be processed or applied against future purchases. If your account is not current, any credit forthcoming will be automatically applied against the oldest open balance on your account.
If you elect to receive a refund, in the case of a credit card purchase, the refund will be credited to the credit card account that was used for the purchase. In the case of all other forms of payment, the refund will be made through a company check that will be mailed to your billing address. Please allow three (3) business days from the date we receive the product for returns to be processed. When your return is processed, the item will be listed as "Credited" in your online Order Status.
If you do not receive credit for your return within the time stated above, please trace your return shipment using the tracking number provided to you by the shipper when you shipped the package. If you do not hear from us within three (3) business days and the tracking information indicates that we have received the package, please notify us by e-mail so we can initiate an inquiry. Further exceptions or restrictions are at our discretion.
Avoiding a Return <Consider Carefully this policy>
In the case a return can be avoided, <%= XConfig.cStoreName %>will reply to your customer service form with options to (1)have your product repaired in your country, (2)have your product replaced in your country, (3)return authorization. Most manufacturers have service centers in different countries. Having a product repaired or replaced in your country can be a faster solution. We provide you with a list of service centers by country on our site. Product warranties are established by the respective manufacturers, not by <%= XConfig.cStoreName %>.
Freight Charges on Returns<Consider Carefully this policy>
<%= XConfig.cStoreName %>will pay freight charges resulting from over-shipments, under-shipment, defective product, wrong product sent to you, and demonstration product as long as you follow <%= XConfig.cStoreName %>'s return process. If you ordered the wrong product by mistake you are responsible for freight charge on its return.
Return Packaging and Conditions and Documentation <Consider Carefully this policy>
Do not label or mark in any way the manufacturer's boxes. Labels should be affixed to the exterior carton. Package all returns in the packaging in which you received our shipment or repack it properly to prevent damage in transit. We expect all non-defective products to arrive unopened, unused and in a condition to be resold as new. Items returned as non-saleable and received in a condition other than new will not be credited and will be returned to you at your expense. Print and attach the documents (specified in the return authorization document) to the return; they are needed to clear U.S. Customs. If these documents are not sent with the return, the processing may be severely delayed, resulting in greater expense to you. Any additional expenses that result from your failure to follow our return instructions will reduce the amount that we will credit you.
Credits <Consider Carefully this policy>
Credit memos will be issued for the current cost of product being returned less an adjustment for any missing components. If your account is current, a refund will be processed. If your account is not current, the credit will be applied against your account balance. Please allow three (3) business days from the date we receive the product for returns to be processed. When your return is processed, the item will be listed as "Credited" in your online order. You may track returns on our web site using your return tracking number.
If you are planning to purchase a replacement product using the credit for the product you just returned, we require proof that your return has been shipped. We accept the carrier's tracking number as proof that the return is en-route to our company. We will automatically credit 80% of the product value and credit the remaining 20% on receipt of the return. You may apply the credit as you see fit. If you do not receive credit for your return within the time stated above, e-mail us so we can initiate an inquiry. If we determine that the carrier has lost the product, we will issue you a full credit, including the transportation costs and any outlays that you may have made towards the shipment's clearance.
Time <Consider Carefully this policy>
We want to help you with customer service issues in every possible way, but as time passes it becomes more difficult to research errors. Claims should be submitted within seven days from the day you receive your order. Otherwise, claims investigations may take longer to resolve.
We may rescind a credit if the manufacturer informs us that the product's failure was not a result of their manufacturing process but as a result of misuse or mishandling by the user. Product warranties are established by the respective manufacturers, not by <%= XConfig.cStoreName %>. Such determinations are final. We try to assist you with efficiently returning products that fail or don't work properly, but only the manufacturer can make the decision on whether or not to accept or reject a return for credit or replacement, have it repaired in the US or within your country or neighboring country. In such cases the manufacturer's decision is final. If a manufacturer or vendor refuses to credit a return, we will find out the alternatives and communicate them to you so you can let us know how you wish to proceed. You are free to communicate directly with the manufacturer and we will make the contact information and needed paperwork available to you.
Buyer's Remorse <Consider Carefully - Usdually All Sales are Final and this paragraph should be deleted>
Consumers sometime have second thoughts often enough that there's even a name for the condition: buyer's remorse. A buyer worries that they made a wrong choice, paid too much, did not really need the product, or did not research the product thoroughly enough. We start with the proposition that once you place an order from us, our sale to you has been finalized. Your order is irrevocable and you're committing yourself to accepting the shipment of the ordered product as you specified it and to abiding by the terms of the agreement. In other words, a submitted order is a done deal, subject only to the terms and conditions contained within it.
To obtain information about product warranties, go to our manufacturer warranties. <%= XConfig.cStoreName %>warrants that it has good title to or license to supply all products to customers. If any part of the hardware products should prove defective in materials or workmanship under normal operation of service, such products will be repaired or replaced only in accordance with any warranty cover and terms provided by the manufacturer of the products provided that no unauthorized use or modifications to the product or to the system of which the product forms part have taken place. <%= XConfig.cStoreName %>is not responsible for the cost of labor or other expenses incurred in repairing or replacing defective or non-conforming parts.
We do not warranty software products in any way. In the event that any such software products should fail to conform as expected or in conformance with the product description, we will assist you to the best of our abilities to obtain a corrected version from the manufacturer or a credit from the manufacturer. The decision and policies of the software manufacturer govern in these issues and you should read their product warranty policies carefully before unsealing their products. EXCEPT AS SPECIFICALLY SET OUT ABOVE, <%= XConfig.cStoreName %>DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETER EXPRESS OR IMPLIED BY STATUE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF DESCRIPTION, DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM ANY PREVIOUS COURSE OF DEALING, CUSTOM OR TRADE PRACTICE.
Customer Service Claims
Please e-mail us the particulars concerning any issue you encounter by filling out the Customer Service Form in our site. By submitting the completed form <%= XConfig.cStoreName %>will be able to respond to your specific request promptly and properly. Please read our a Customer Service Claims page for detailed information on resolutions for possible claims.
Regarding our Website
You may use the <Website Name> Website only if you are eighteen (18) years of age or older. The <Website Name> Website is available only to individuals and businesses who can form legally binding contracts under applicable laws.
All content included on the <Website Name> Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of <%= XConfig.cStoreName %>, its affiliated companies, or its suppliers, is subject to their policies, and protected by United States and international copyright laws. We make no warranty, either expressed or implied with respect to the accuracy of the information, including prices, product editorials, product specifications or advertising. <%= XConfig.cStoreName %>believes all information is current at the time of publication and may be subject to change without notice.
<%= XConfig.cStoreName %>may change the terms and conditions of this agreement from time to time in its sole discretion, and such changes shall become effective upon publication in the <Website Name> Website. Access or use of the <%= XConfig.cStoreName %>web sites on your part after the date of any posted changes shall constitute you acceptance of the Agreement as amended. <%= XConfig.cStoreName %>reserves the right at its sole discretion, to restrict or deny access to the site, delete information or suspend or halt any sales on the site. <%= XConfig.cStoreName %>may at any time change, suspend or discontinue any aspect of the functionality or services displayed, including the availability of any feature, database or content. <%= XConfig.cStoreName %>makes no representation or warranty regarding the accuracy of any information displayed through the <%= XConfig.cStoreName %>e-Commerce web site.
We may provide links to the sites of affiliated companies and certain other businesses on the <Website Name> Website. Although we make every effort to provide helpful and informative links in response to our customers' needs, we are not responsible for evaluating these sites or their companies and we do not warrant their offerings in any way. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
You waive and release <%= XConfig.cStoreName %>from any and all claims, demands, and damages of every kind and nature arising out of or in connection with your access or use of the <%= XConfig.cStoreName %>web site. <%= XConfig.cStoreName %>does not warrant that this site, its servers, or e-mail sent from <%= XConfig.cStoreName %>are free of viruses or other harmful components. <%= XConfig.cStoreName %>will not be liable for any damages of any kind whatsoever arising from the use of this site, including but not limited to direct, indirect, incidental, punitive, and consequential damages. Our the <Website Name> Website is operated on a Secure Server under a Thawte SSL Web Server Certificate and we use SSL ("Secure Sockets Layer") and other similar encryption technologies to encrypt communications with you and protect the confidentiality of such communications from unauthorized third parties. Given the nature and current development of the internet there can be no guarantees that such technologies will always operate as intended and maintain the confidentiality as expected. Accordingly, you agree that <%= XConfig.cStoreName %>shall not be liable for any failure by the technologies employed by <%= XConfig.cStoreName %>to protect our communications from disclosure.
<%= XConfig.cStoreName %>does not represent or warrant that the information published, distributed or otherwise accessed through <%= XConfig.cStoreName %>'s web sites, including without limitation information regarding Products and pricing, is accurate or complete. Therefore, and without limiting the generality of other disclaimers in this Agreement, <%= XConfig.cStoreName %>expressly disclaims any representation or warranty that the information published, distributed or otherwise accessed through <%= XConfig.cStoreName %>'s web sites is accurate, complete, timely or reliable. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provision. This agreement may be terminated at any time by <%= XConfig.cStoreName %>upon notice; provided, however, that the indemnities provided herein shall survive the termination or expiration, for any reason, of this agreement.
This agreement and <%= XConfig.cStoreName %>'s invoice terms set forth the entire agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior discussions and agreements between the parties relating to the subject matter hereof. <%= XConfig.cStoreName %>may modify these terms, as well as any aspect of the information or the functionality of the <%= XConfig.cStoreName %>web sites, at any time in its sole discretion. If <%= XConfig.cStoreName %>makes any changes to these terms and conditions, your subsequent access of the <%= XConfig.cStoreName %>web sites constitutes acceptance of these changes.
The construction, validity and performance of this Agreement shall be governed under the laws of the <relevant country>. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate court in <city and country>.
Use License and Site Access
<%= XConfig.cStoreName %>hereby grants you a nonexclusive, nontransferable, limited right to access and use the <%= XConfig.cStoreName %>web site in order to browse and order products according to the terms of the relationship established with <%= XConfig.cStoreName %>reserves all rights not expressly granted to you pursuant to this Agreement. You are not permitted to download (other than through page-caching) or modify any portion of <%= XConfig.cStoreName %>'s site except with our written consent. You are not permitted to resale or make commercial use of this site or its contents. This license does not include any collection and use of any product listings, descriptions, or prices or any derivative use of the site or its contents. This license does not authorize any downloading or copying of account information for the benefit of another merchant, for data mining, or any data gathering and extraction tools. You may not reproduce, copy or resell our site or any portion of our site. You may not commercially exploit our site, its content or functionality without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or any other part of our site or its content. This also applies to our proprietary information (images, logos, text, page layout, etc.) as well as that belonging to our suppliers, partners or other providers. You may not use any meta- tags or any other "hidden text" utilizing our name or trademarks without our express written consent. If we discover any unauthorized use on your part, we will immediately terminate the permission to access our site.
Disputes and Arbitration
Any dispute relating in any way to your visit to <%= XConfig.cStoreName %>or to products you purchase through <%= XConfig.cStoreName %>may be submitted to confidential arbitration in <city and country>, except that, to the extent you have in any manner violated or threatened to violate <%= XConfig.cStoreName %>'s intellectual property rights. <%= XConfig.cStoreName %>may seek injunctive or other appropriate relief in the relevant court in <city and country>, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing set by <the relevant Arbitration Association or Organization>. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Our Legal Address and Contact information is:
<%= XConfig.cStoreName %>
<%= XConfig.cStoreAddress %>
<%= XConfig.cStoreCity %>, <%= XConfig.cStoreState %><%= XConfig.cStoreZipCode %>
<%= XConfig.cStoreCountry %>
<%= XConfig.cStorePhone %>
<%= XConfig.cStoreFax %>