Fred Martin Computers Terms and Conditions of Sale

Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Fred Martin Computers may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
By using this Site, you acknowledge that you have read, understood, and agree to be bound by all Terms and Conditions of Sale in this document. Please review it, and if you do not agree to the terms, do not use this Site.
The 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.

We accept valid Visa, MasterCard, American Express and Discover (Novus) credit cards. All Credit Card Orders are fully verified through the issuing bank or institution and are shipped only to the Cardholder's Billing Address or a bank authorized Ship To address. If the Ship To address is different from your credit card Billing Address, it will be necessary (for your protection) to call your bank and pre-authorize a different Ship To address. We check for stolen credit cards to protect our customers from credit card fraud.

If special credit terms have been agreed to by Fred Martin Computers, invoices are due and shall be payable within 30 (thirty) days after the date of the invoice. Parts of an order may be invoiced separately. Orders are not binding upon Fred Martin until they have been accepted and acknowledged as such by Fred Martin Computers. Any price quotations which are provided by Fred Martin's sales staff shall be valid for the time period stated upon the quotation. The Customer agrees to pay a $35.00 Service charge on each returned check. The Customer agrees to pay interest on all past-due sums at a rate of 2.5% per month or the highest percentage rate allowed by the law.

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.

Fred Martin Computers reserves the right to modify its warranty at any time, at its sole discretion. All software is provided by the Software Manufacturer and is the subject to the license agreement that is included with the software package. The Customer agrees to be bound by the license agreement once the package is opened or its seal is broken. Fred Martin 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.

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.

Individual manufacture products may carry different return and warranty policies than Fred Martin products. These products may be returned to Fred Martin in strict accordance with the return policy which is in effect upon the date of invoice. Any warranty and technical support provided on a product should be provided by the original manufacturer of a product. The warranty options and technical support may vary from product to product.

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.

Fred Martin has no obligation to provide service or support until Fred Martin has received full payment for either the product or the service/support contract for which service or support is requested. Fred Martin will make on-site service available to Customers in the United States, in accordance with the terms and conditions set by Fred Martin and/or the third-party service provider and which are in effect at the time the product or service contract was purchased.

10. Disclaimer of Warranty.
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, FRED MARTIN DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. FRED MARTIN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.

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.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FRED MARTIN BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF FRED MARTIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

13. Transmitted or posted information.
Any material, information or idea you transmit to or post on this Site, except personal information, will be treated as non-confidential and non-proprietary, and may be disseminated or used by Fred Martin Computers or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

14. Terms and Conditions of Sale Revisions.
Fred Martin may at any time revise these Terms and Conditions of Sale by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms and Conditions of Sale to which you are bound.