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Terms and Conditions

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.

2. Warranties:

(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 manufacturer.

(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.

3. Refusals:

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 prior authorization.

4. Shipping Limitations / Delays:

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.

5. Shipment:

(a) All orders are F.O.B. (Freight On Board) origin unless otherwise agreed to in writing.

(b) Buyer is responsible for all reroute fees.

(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.

7. Payment:

(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 due.

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.

8. Validity:

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.

10. Trademarks:

All brand names are registered trademarks of their respective owners.


© 2017 Gigatek Computer Consulting. All rights reserved.
All trademarks property of their respective owners.