Terms And Conditions for Sale:
PLEASE READ THESE TERMS AND CONDITIONS OF USE & SALE ("SALE AGREEMENT") VERY CAREFULLY.
Data Media Expert reserves the right to change these terms and conditions
of use and sale at anytime, without prior notice. If you access or use the Web site
after a change is posted, you accept that change. Please check these terms and conditions
periodically as the customer agrees to be bound by this sale of agreement and accepts
its terms and conditions.
Important Information About This Legal Contract:
This Sale Agreement is a legal contract between the Customer and Data Media Expert. The
Customer accepts this Sale Agreement by making a purchase, placing an order, or
otherwise shopping on the Site. (References to "you" or "your" shall relate to the
Customer; references to "Data Media Expert" shall relate to Data Media Expert. and its affiliates.)
The terms and conditions of this Sale Agreement are subject to change without prior
notice, except that the terms and conditions posted on the Site at the time the
Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and Data Media Expert
relating to the purchase or sale of goods or services on the Site. The Sale Agreement
may only be modified or terminated with regard to goods or services that have been
purchased or sold on the Site in a writing signed by Data Media Expert. Electronic records
(including signatures), that are otherwise valid, shall be accepted under the Sale
Agreement. The Customer consents to receiving electronic records, which may be provided
via a web browser or e-mail application connected to the Internet; consumers may
withdraw consent to receiving electronic records or have the record provided in
non-electronic form by contacting Data Media Expert at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase
order and this Sale Agreement or any terms and conditions on our invoice, you agree
that the provisions of this Sale Agreement and our invoice shall control.
Governing Law:
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE
OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS
TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN COUNTY OF SAN FRANCISCO,
CALIFORNIA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE
AGREEMENT.
Title; Risk of Loss:
Title to goods herein being purchased passes to the purchaser upon delivery of the
goods to the purchaser, unless otherwise specified. Any loss or damage to merchandise
during shipment/delivery shall be noted with the shipping carrier immediately before
the receipt of the product and shall be informed to Data Media Expert within 24 hours of
delivery. Loss or damage that occurs during shipping by a carrier selected by Customer
is Customer's responsibility. Title to software will remain with the applicable
licensor(s).
Export Sales:
If this transaction involves an export under the Export Administration Regulations,
the commodities, technology and/or software sold or licensed under this Sale Agreement
exported from the United States by Data Media Expert were exported in accordance with the
Export Administration Regulations. Diversion, use, export or re-export contrary
to United States law is prohibited. The commodities, technology and/or software
sold or licensed under this Sale Agreement may not be exported or re-exported to
Angola, Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and
persons that are ineligible under U.S. law to receive United States commodities,
technology and/or software. In addition, manufacturers' warranties for exported
goods may vary or even be null and void for goods exported outside the United States.
General Legal Disclaimer:
Data Media Expert HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THIS DISCLAIMER BY Data Media Expert IN NO WAY AFFECTS THE TERMS OF
THE MANUFACTURER'S WARRANTY, IF ANY.
Third-Party Product Disclaimer:
All products sold by Data Media Expert are
third party products and are subject to the warranties and representations of the
applicable manufacturers.
Pricing and Information Disclaimer:
All pricing is subject to change. For all prices, products and offers, Data Media Expert reserves
the right to make adjustments due to changing market conditions, product discontinuation,
manufacturer price changes, errors in advertisements and other extenuating circumstances.
High volume bids are welcome!
While Data Media Expert uses reasonable efforts to include accurate and up-to-date information
on the Site, Data Media Expert makes no warranties or representations as to the Site's
accuracy. Data Media Expert assumes no liability or responsibility for any errors or omissions
in the content on the Site.
Limitation of Liability:
Data Media Expert 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.
Data Media Expert will not be liable for products or services not being available for use
or for lost or corrupted data or software. Customer agrees that for any liability
related to the purchase of products or services, Data Media Expert is not liable or responsible
for any amount of damages above the aggregate dollar amount paid by customer for
the purchase(s) under this agreement.
Venue:
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether
preexisting, present or future, and including statutory, common law, intentional
tort and equitable claims) arising from or relating to this Sale Agreement, its
interpretation, or the breach, termination or validity thereof, the relationships
which result from this Sale Agreement (including, to the full extent permitted by
applicable law, relationships with third parties who are not signatories to this
Sale Agreement), Data Media Expert's advertising, or any related purchase SHALL BE RESOLVED
in the County of San Francisco. This agreement shall be interpreted and enforced
as per the laws of State of California.
Orders; Payment Terms; Interest; Taxes:
Orders are not binding upon Data Media Expert until accepted by Data Media Expert. Terms of payment
are within Data Media Expert's sole discretion. Invoices are due and payable within the
time period noted on the invoice, measured from the date of the invoice. Data Media Expert
may invoice parts of an order separately. Customer agrees to pay interest on all
past-due sums at the highest rate allowed by law. The Customer is responsible for
sales and all other taxes associated with the order.
Data Media Expert maintains a security interest in all products sold until payment is received
for the products. Client agrees to pay Data Media Expert for any charges incurred to recover
payment including but not limited to collection fees and attorney fees.
Return Policy:
* All returns are subject to a 15% re-stocking
fee. Any request for RMA's must be made within the first 30 days of the receipt
of the product. Merchandise cannot be returned after the 30 days under any circumstances.
* Please e-mail our Customer Relations Department at
HYPERLINK “info@datamediaexpert.com"
to obtain a Return Merchandise
Authorization (RMA) number before shipping your product back to Data Media Expert. Returns
WILL not be accepted without a valid RMA number. For faster service, please have
the following information on hand when calling for an RMA number: customer name,
invoice number, and the reason for the return.
* All products returned MUST: be 100 percent intact
and contain ALL original manufacturer boxes with the original UPC code and packing
materials, all manuals, blank warranty cards, accessories and any other documentation
included with the original shipment. RMA will not be issued without these. All packages
issued RMA's will be inspected and any packages missing the above will be sent back
to customer at customer's expense.
* Shipping charges on returned items are the customer's
responsibility; Data Media Expert will match the shipping method and pay for shipping on
replacement item(s). Original shipping charges are not refunded on returned
items and will not be credited.
* For your protection, we strongly recommend you fully
insure your return shipment in case of loss or damage. Please use a carrier that
is able to provide you with proof of delivery.
* If you receive damaged merchandise, it is best to
REFUSE it back to the carrier attempting delivery. If you accept the package make
sure it is noted on the carrier's delivery record in order for Data Media Expert to file
a damage claim. Save the merchandise AND the original box and packing it arrived
in, notify Data Media Expert immediately to arrange for a carrier inspection and a pick
up of damaged merchandise. If you do not notify Data Media Expert of damaged goods within
the first 24 hours of arrival, our regular return policy will override any claim
of damage, and will fall under all current manufacturer restrictions.
* DEFECTIVE returns can be returned directly to Data Media Expert
within 20 days from the invoice date, at Data Media Expert's discretion for: credit, replacement,
exchange or repair.
* Manufacturer restrictions do apply and are outlined
in our detailed policy.
* Due to manufacturers' policies, products from the
following brands are accepted for repair only: Apple, Compaq, IBM, and Hewlett-Packard.
Data Media Expert may not accept returns for exchange, replacement or credit. If you receive
a unit that is inoperable FOR ANY REASON, you may contact us for information on
warranty service through Data Media Expert, the manufacturer direct or any authorized service
center in your area.
* Additional manufacturers may be added to this list
as: manufacturer policies change, manufacturers go out of business or in the case
of specially ordered items.
NOTE: Multiple software licenses cannot be returned
for refund or exchange unless first authorized by the manufacturer. Multiple licenses
may not be returned beyond 30 days for any reason.
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