1. Returned merchandise:
(a) All claims for shortage, damage,
shipment error, incompatibility, or incorrectly ordered merchandise
must be made within ten (10) calendar days after the invoice date.
An RMA (Return Merchandise Authorization) must be issued within
the ten (10) calendar days. All other claims will be considered
if made within thirty (30) calendar days from the date of the
invoice due to the "time value" of the merchandise.
We reserve the option to accept or reject non-defective returns.
(b) All returns are subject to
no less than a fifteen percent (15%) restocking fee or current
market value at Gigatek (hereby referred to as the Seller's)
discretion. Our liability shall be limited to the invoiced value
of the merchandise or its replacement.
(c) Returns will not be accepted
without prior authorization and must be accompanied by a copy
of the invoice. Buyer must return merchandise to seller within
five (5) calendar days after the RMA is issued. If the merchandise
is not returned within the authorized time period, the RMA will
be canceled. Products must be packed securely and be returned
to the Seller undamaged, and must include original packaging,
manuals, warranty cards, and all other accessories, with Buyer
being solely responsible for paying all return freight costs.
(d) Merchandise is subject to
testing before replacements will be issued. We reserve the right
to return to the Buyer any non-defective merchandise or any merchandise
that does not match the invoice.
(e) We reserve the option to require
that defective merchandise returns be accompanied by a test report
from an independent laboratory in order to receive a refund, credit,
or replacement on merchandise.
(f) We reserve the right to issue
credits or refunds in exchange for returned merchandise, or to
replace merchandise with repaired, used, or reconditioned parts.
(g) All credits will be held for
a maximum of one hundred eighty (180) days. After one hundred
eighty (180) days all credits will be considered canceled.
(a) All memory modules and printer
boards (new and used) have a lifetime warranty on manufacturers
defects unless otherwise noted.
(b) All CPUs have a "replacement
only" warranty and must be returned for exchange within the
warranty period assigned to each brand and type of CPU.
(c) All SOJs have a fifteen (15)
calendar day warranty for replacement only.
(d) All motherboards, computer
sub-assemblies, and peripherals have a one (1) year warranty through
the Seller. Additional warranties, if any, will be through the
(e) All software warranties regarding
compatibility with other hardware or software products, merchantability
and fitness for a particular purpose, or the ability of a product
to meet the Buyers needs, are granted solely by the publisher
or manufacturer of the products.
(f) No warranty by the Seller
shall apply to any merchandise which has been modified or damaged
by the Buyer. Merchandise that is defective due to misuse, neglect,
or improper installation is not covered under the warranty. Seller
is not responsible for any damages incurred to Buyer's equipment
or data resulting from an improper installation.
(g) "Special order"
parts have a "replacement only" warranty if defective.
Non-defective parts are subject to the terms in 1 (a).
(h) All warranties begin from
the date of invoice.
(i) No Seller employee, agent,
or dealer is authorized to make any modification, extension, or
addition to this warranty.
Buyer may be subject to no less
than a fifteen percent (15%) restocking fee, shipping charges,
and any losses incurred by Seller if a package is refused without
4. Shipping Limitations
All shipping dates are approximate
and are based upon current availability of materials and prompt
receipt of all necessary information. The Seller will not be liable
for any damage, loss, fault or expenses arising out of delays
in shipment or other non-performance of this Agreement caused
by or imposed by (1) strikes, fires, disasters, riots, Acts of
God; (2) acts of Buyer; (3) governmental action; or (4) any other
cause or condition beyond the Seller's reasonable control in the
event of any such delay or non-performance.
(a) All orders are F.O.B. (Freight
On Board) origin unless otherwise agreed to in writing.
(b) Buyer is responsible for all
(c) Buyer is responsible for payment
for any duplicate shipment if merchandise is not returned to seller
within ten (10) days.
6. Limitation on Liability:
IN NO EVENT SHALL SELLER BE RESPONSIBLE
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE,
INCOME OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT
INCLUDING, WITHOUT LIMITATION, BREACH OF ANY OBLIGATION IMPOSED
ON SELLER HEREUNDER OR IN CONNECTION HEREWITH, EVEN IF SELLER
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT
SHALL SELLER BE LIABLE FOR ANY PROGRAMS OR DATA STORED IN OR USED
IN CONJUNCTION WITH ANY MERCHANDISE SOLD, THE COSTS ASSOCIATED
WITH RECOVERING SUCH PROGRAMS OR DATA, OR ANY INCOMPATIBILITIES
BETWEEN THE MERCHANDISE SOLD AND ANY HARDWARE OR SOFTWARE USED
BY BUYER. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY EXPENSES
INCURRED BY BUYER FOR ANY INSTALLATION DONE BY SOMEONE OTHER THAN
SELLER. In no event shall the Seller's liability (whether under
the theories of breach of contract or warranty, negligence or
strict liability) exceed the purchased price paid for the goods.
(a) Payment for goods purchased
hereunder shall be in U.S. funds. A $25.00 minimum fee shall be
charged on all returned checks.
(b) All funds received by electronic
(wire) transfers are subject to no less than a Fifteen Dollar
($15.00) processing fee.
(c) All orders and contracts are
subject to approval of the Seller's credit department. The Seller
may, at any time, require payment in advance or satisfactory security
that invoice will be paid when due. If Buyer fails to comply with
any of the terms hereof, the Seller reserves the right to withhold
further deliveries or terminate the agreement of sale with oral
or written notice and any unpaid amount shall thereupon become
Buyer authorizes the Seller to
offset against any amount which the Seller owes to Buyer, any
amount which Buyer owes to the Seller. Until the purchase price
and all other sums due pursuant hereto are paid in full, if Buyer
defaults with respect to any payments described herein, it shall
pay the Seller for all costs and expenses, including legal expenses
and attorney's fees, incurred by the Seller in exercising any
of its rights or remedies.
(d) All unpaid balances are subject
to a one point five percent (1.5%) finance charge per month if
not paid within the agreed terms.
The invalidity, in whole or in
part, of any terms or conditions of this Invoice shall not affect
the validity of any other terms or conditions.
9. Complete Order:
This Notice, which includes any
supplemental documents attached hereto, sets forth the entire
agreement, and supersedes all other oral or written provisions.
THE PARTIES HEREBY AGREE THAT NO TRADE USAGE, PRIOR COURSE OF
DEALING OR COURSE OF PERFORMANCE UNDER THIS AGREEMENT SHALL BE
A PART OF THIS AGREEMENT OR SHALL BE USED IN THE INTERPRETATION
OR CONSTRUCTION OF THIS AGREEMENT.
All brand names are registered
trademarks of their respective owners.