Fred Martin Computers Terms and Conditions of Sale
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following terms and conditions shall govern sales by the Fred Martin
Computers entity, named on the invoice ("Fred Martin Computers, Inc.") and
that shall be provided to Customers 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, the
Customer agrees to be bound by and fully accepts all these terms and
conditions. These terms and conditions shall apply (I) unless the
customer has signed a separate formal purchase agreement with Fred Martin
Computers, Inc., in which case that separate agreement shall govern or, (II)
Unless other Fred Martin Computers standard terms apply to the transaction.
These terms and conditions are subject to change without prior written
notice at any time, at the sole discretion of Fred Martin Computers, Inc.
1. Payment Terms, Orders, Quotes, Interest. Terms of payment are within
the sole discretion of Fred Martin Computers, and, unless otherwise agreed
to by Fred Martin Computers, such payment must be received by Fred Martin
prior to acceptance of an order. Payment for the products shall be made by
credit card, wire transfer, or another pre-arranged payment method unless
credit terms have been agreed to in advance by Fred Martin Computers.
2. Shipping Charges and Taxes. Separate charges for shipping and package insurance shall be clearly indicated on Fred Martin Computer's invoice(s). Unless The Customer provides Fred Martin Computers with a valid and correct tax exemption certificate, applicable to the product ship-to location prior to Fred Martin's acceptance of the order, The Customer shall be responsible for sales tax and all other taxes associated with the order, however designated, with the exception of Fred Martin's franchise taxes and taxes on Fred Martin's net income. If applicable, separate charges for taxes shall be indicated on Fred Martin's invoice.
3. Title. Legal Title to merchandise passes from Fred Martin Computers to The Customer directly upon shipment from Fred Martin Computers shipping facility. Legal Title to software shall remain with the applicable licensor(s).
4. Warranties. The limited warranties applicable to Fred Martin
Computers products are included in the documentation, along with the
products. Fred Martin makes no express warranties except those stated in
this section and in any applicable warranty statement which is in effect on
the date of the invoice. Any such warranties will be fully effective, and
Fred Martin Computers shall be obligated to honor such warranties only upon
its receipt of payment in full for the item to be warranted. Fred Martin
Computers disclaims all other warranties, express or implied, including
without limitation implied warranties of merchantability and fitness for a
particular purpose. Fred Martin Computer's responsibility for warranty
claims is strictly limited to repair or replacement, as set forth in
applicable warranty statement in effect on the date on the invoice.
5. Return Policies. Fred Martin computer systems and parts which are purchased directly from Fred Martin Computers by an end-user Customer may be returned by The Customer according to Fred Martin Computers Return Policy which is in effect on the date of the invoice. For any merchandise purchased from Fred Martin computers, the return period is 30 (thirty) days from the date of the invoice. Customer is responsible for making all shipping arrangements. After all returned merchandise is received by Fred Martin Computers, The Customer shall be eligible for a credit or refund of the original purchase price, if already paid. Absolutely no returns will be accepted after 30 days for all types of merchandise. All items sold with special promotional pricing are eligible for in-store credit only. All items returned must be in their original packaging, with no missing items, and must be in resalable condition. Returned items that have suffered physical damage will not be accepted for any reason. Refunds for credit card purchases will be credited back to the original credit card only. Refunds for cash or check are mailed to the original customer within 5 business days.
6. Exchanges. From time to time, Fred Martin Computers may, at its sole discretion, exchange products or portions of a product. Any and all exchanges shall be made in accordance with Fred Martin's exchange policies which are in effect upon the date of the exchange.
7. Fred Martin Products. Fred Martin's corporate policy is based on
the on-going product updates and revisions inherited by the industry. Fred
Martin Computers may revise and discontinue products at any time. If a
substitution of products or components should be necessary, Fred Martin
Computers shall ship products or components which have the full
functionality and performance of the products ordered. Changes or
substitutions involving items which are shipped and which are described in a
specification sheet or catalog are possible. The parts and assemblies which
are used in Fred Martin products are selected from new and equivalent-to-new
parts and assemblies, in accordance with standard industry practices. Parts
replaced under warranty may be new or fully reconditioned.
8. Limitation of Liability. Fred Martin 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. Fred Martin 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.
9. Service and Support. Fred Martin Computers endeavors to provide
the best customer and technical telephone support in the computer industry.
For end-user Customers, Fred Martin promises that its support staff shall
attempt to correct, via telephone, problems which involve Fred Martin
products. However, The Customer must recognize that Fred Martin's support
staff may not be able to fully resolve all computer-related problems. In
addition, it is recognized that service offerings and contractual
obligations may vary from one product to another.
10. Disclaimer of Warranty.
11. Governing Law. The sale(s) will be governed by the Laws of the State of Ohio. Venue and jurisdiction for all disputes will lie in Mahoning County, Ohio.
12. Limitations of Liability.
13. Transmitted or posted information.
14. Terms and Conditions of Sale Revisions.