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1.
Payment. Unless otherwise stated on the face hereof, all
payments shall be due upon receipt of invoice or, in the event of online
purchases, at time of shipment. On any amounts not paid when due, customer
agrees to pay interest at the rate of 1-1/2% per month (18% per year) or,
if such rate is in excess of the rate allowed by law, then the highest
rate allowed by law. In addition, customer agrees to pay all costs of
collection, including costs of litigation and reasonable attorney's fees.
MeanMachine Computers reserves the right to obtain a security interest in
the products sold to customer, and in proceeds thereof, until payment is
made in full by customer. Customer agrees to execute financing statements
and other instruments at MeanMachine Computers' request. A $15.00
collection fee will be charged for all dishonored checks.
2. Taxes. Unless
otherwise stated on the face hereof, stated prices do not include any
customs duties, sales, use, value added, excise, federal, state, local or
other taxes. All such duties or taxes shall be paid by customer, or, in
lieu thereof, customer shall provide MeanMachine Computers with an
appropriate tax exemption certificate.
3.
Title. Title to products passes from MeanMachine
Computers to customer upon shipment from MeanMachine Computers' facility
or from MeanMachine Computers’ distribution facility.
4. F.O.B. and Risk of
Loss. Unless otherwise stated on the face hereof, all shipments
are F.O.B. MeanMachine Computers' Prospect, Pennsylvania or nationwide
distribution facilities. MeanMachine Computers’ liability for delivery
shall cease, and title and all risk of loss or damage shall pass to
customer upon delivery to carrier.
5. Terms of limited
warranty. With respect to non-MeanMachine Computers branded
products or software, MeanMachine Computers warrants to the original
customer purchasing products directly from MeanMachine Computers that all
such products sold will be free from defects in materials and workmanship
affecting form, fit and function. Any claim alleging that any product
fails to conform to the foregoing warranty may be made only by the
customer who purchased such product and only while such customer owns such
product. MeanMachine Computers, at its option, will repair, replace, or
provide a credit or refund of either the original purchase price or fair
market value, whichever is lower, that is determined by MeanMachine
Computers to be defective. MeanMachine Computers warrants that such
products comply with the applicable product data sheet effective at the
time of shipment as available from MeanMachine Computers on its web page (http://www.meanmachine.com).
Any claim must be made within one (1) year from the original date of
shipment by MeanMachine Computers and MeanMachine Computers shall have no
liability thereafter. The foregoing warranty is to the initial customer
end-user and is non-transferable. MeanMachine Computers, at its option,
will repair, replace, or provide a credit or refund of either the original
purchase price or fair market value, whichever is lower, that is
determined by MeanMachine Computers to be defective during the warranty
period.
The above warranties cover only
defects arising under normal use and do not include malfunctions or
failures resulting from misuse, abuse, neglect, alteration, problems with
electrical power, usage not in accordance with product instructions, acts
of nature or improper installation or repairs made by anyone other than
MeanMachine Computers or a MeanMachine Computers-authorized third party
service provider. MeanMachine Computers reserves the right to substitute
functionally equivalent new or serviceable used parts. With respect to
non-MeanMachine Computers branded products or software, any warranty is
provided by the original manufacturer and not by MeanMachine Computers.
These products may only be returned in accordance with the return policy
in effect on the date of invoice. The warranties and technical support may
vary from product to product.
6. Limitations.
THE PRODUCTS ARE NOT AUTHORIZED FOR USE AS CRITICAL COMPONENTS IN LIFE
SUPPORT DEVICES OR SYSTEMS. EXCEPT AS SET FORTH HEREIN, MEANMACHINE
COMPUTERS MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND MEANMACHINE
COMPUTERS DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT
LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, CONFORMITY TO MODELS OR SAMPLES, OR ANY WARRANTIES OR
INDEMNITIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. SOME STATES DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT
APPLY TO YOU. IN NO EVENT SHALL MEANMACHINE COMPUTERS BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ALL DISPUTES
ARISING OUT OF OR RELATED TO THE LIMITED WARRANTIES SET FORTH HEREIN
(CUSTOMER DISPUTES) SHALL BE GOVERNED BY THE LAWS OF THE STATE OF
PENNSYLVANIA. CLAIMS AGAINST MEANMACHINE COMPUTERS FOR SHORTAGES SHALL BE
DEEMED WAIVED IF NOT MADE WITHIN THREE (3) BUSINESS DAYS AFTER RECEIPT OF
THE SHIPMENT.
7. Return Procedures. If
customer purchased product(s) directly from MeanMachine Computers, then
customer shall return the product(s) to MeanMachine Computers pursuant to
the following terms. Customer must obtain a Return Material Authorization
("RMA") number by calling customer service at 1-724-679-6326 or
by emailing MeanMachine Computers at sales@meanmachine.com.
Returned products should be shipped to the following address:
MeanMachine Computers, LLC
Attn:
RMA Dept - RMA# _______
1422 Whitestown Road Ext.
Prospect, PA 16052
Customer
shall return the products to MeanMachine Computers in the original
packaging and enveloped in the original antistatic bags. MeanMachine
Computers will not be responsible for damaged parts if customer does not
follow this process. Please retain shipping information, including
tracking numbers, until your account has been credited by MeanMachine
Computers or replacement product is received. If MeanMachine Computers
determines that failure of the product(s) was not a result of a defect in
materials or workmanship, MeanMachine Computers reserves the right to
charge customer for parts and labor at MeanMachine Computers' then current
labor rate or charge customer a 20% restocking fee. MeanMachine Computers
will advise customer prior to assessing these charges.
8. Component resale.
Customer shall not engage in the business of reselling components
purchased from MeanMachine Computers, or remove components from product
for resale, except upon express prior written authorization of MeanMachine
Computers.
9. Assignment.
Customer may not assign its rights or obligations hereunder without the
express prior written consent of MeanMachine Computers.
10. Entire agreement.
These terms and conditions, including those on the face hereof, constitute
the entire agreement with regard to this sale and expressly supersede and
replace any prior or contemporaneous agreements, whether written or oral,
relating to said sale, including any terms and conditions on any of
customer's documents or purchase orders. This agreement shall be binding
upon the heirs, successors and assigns of the parties hereto. If any
provision of this agreement shall be held to be invalid or unenforceable,
the remainder of this agreement shall remain in full force and effect.
11.
Governing law, jurisdiction and costs. This agreement is
governed by the laws of the State of Pennsylvania, without regard to its
conflict or choice of law provisions. Customer acknowledges and agrees
that Pennsylvania is an appropriate place for venue of any litigation and
that Pennsylvania courts have jurisdiction over this agreement and
customer. In the event the customer and MeanMachine Computers are unable
to resolve any customer dispute, and any collection action, suit or other
judicial proceeding is commenced, the prevailing party in any such
collection action, suit or judicial proceeding shall be entitled to
recover its costs and reasonable attorneys' fees incurred.
12. Terms and Conditions.
This sale is subject to the terms and conditions stated herein, which are
in lieu of and replace any and all terms and conditions set forth in any
documents issued by customer, including, without limitation, purchase
orders and specifications. In case of conflict between the terms and
conditions stated here and those on the face hereof, those on the face
hereof shall control. ANY ADDITIONAL, DIFFERENT OR CONFLICTING TERMS AND
CONDITIONS ON ANY SUCH DOCUMENT ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY
OBJECTED TO BY MEANMACHINE COMPUTERS, AND ANY SUCH DOCUMENT SHALL BE
WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN
ANY WAY ON MEANMACHINE COMPUTERS. CUSTOMER'S REMEDIES SET FORTH HEREIN ARE
EXCLUSIVE AND IN LIEU OF ANY OTHER REMEDIES AVAILABLE TO CUSTOMER, WHETHER
PROVIDED AT LAW, EQUITY OR OTHERWISE
Contacting the Web Site
If you have any questions about MeanMachine's
Terms and Conditions of Sale, please contact us
724-679-6326 (US and Canada only). Or you can send an e-mail to sales@meanmachine.com.
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