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1.) NSF CHECKS AND CREDIT CARD CHARGEBACKS
A $65 administrative fee will be charged on all credit card chargebacks found in error. Quite frankly it takes time and resources to research credit card chargebacks so please be sure of your chargeback before submitting it. If the chargeback has already occurred by the time we research it the card will be charged again for the original purchase plus the $65 administrative fee.
2.) WARRANTIES
Five Year Limited Warranty
Rackmountchassisplus.com ("RCP+") warrants only to the original purchaser of this product from a RCP+ authorized reseller or distributor that this product will be free from defects in material and workmanship under normal use and service for five years after date of purchase. RCP+ reserves the right, before having any obligation under this limited warranty, to inspect the damaged RCP+ product, and all costs of shipping the RCP+ product to RCP+ for inspection shall be borne solely by the purchaser. In order to recover under this limited warranty, Purchaser must make claim to RCP+ within 60 days of occurrence, and must present acceptable proof of original ownership (such as original receipt, warranty card registration, on-line registration, or other documentation RCP+ deems acceptable) for the product. RCP+, at its option, shall repair or replace the defective unit covered by this warranty. Please retain the dated sales receipt as evidence of the original purchaser's date of purchase. You will need it for any warranty service.
In order to keep this limited warranty in effect, the product must have been handled and used as prescribed in the instructions accompanying this warranty. This limited warranty does not cover any damage due to accident, misuse, abuse or negligence. This limited warranty is valid only if the product is used with the equipment specified on the product box. Please check product box for details or call RCP+ technical support. This limited warranty is non-transferable and does not apply to any purchaser who bought the product from a reseller or distributor not authorized by RCP+, including but not limited to purchases from internet auction sites. This warranty does not affect any other legal rights you may have by operation of law. Contact RCP+ by clicking HEREor email [email protected].
DISCLAIMER OF WARRANTY
EXCEPT FOR THE LIMITED WARRANTY PROVIDED HEREIN, TO THE EXTENT PERMITTED BY LAW, RCP+ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT THAT ANY IMPLIEDWARRANTIES MAY NONETHELESS EXIST BY OPERATION OF LAW, ANY SUCH WARRANTIES ARE LIMITED TO THE DURATION OF THIS WARRANTY. SOME STATES/PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAYNOT APPLY TO YOU.
LIMITATION OF LIABILITY
REPAIR OR REPLACEMENT OF THIS PRODUCT, AS PROVIDED HEREIN, IS YOUR EXCLUSIVE REMEDY. RCP+ SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST REVENUES, LOST PROFITS, LOSS OF USE OF SOFTWARE, LOSS OR RECOVERY OF DATA, RENTAL OF REPLACEMENT EQUIPMENT, DOWNTIME, DAMAGE TO PROPERTY, AND THIRD-PARTY CLAIMS, ARISING OUT OF ANY THEORY OF RECOVERY, INCLUDING WARRANTY, CONTRACT, STATUTORY OR TORT. NOTWITHSTANDING THE TERM OF ANY LIMITED WARRANTY OR ANY WARRANTY IMPLIED BY LAW, OR IN THE EVENT THAT ANY LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL RCP+'S ENTIRE LIABILITY EXCEED THE PURCHASE PRICE OF THIS PRODUCT. SOME STATES/PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAYNOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND PROVINCE TO PROVINCE.
IN ADDITION,
IN ALL CIRCUMSTANCES RCP+'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. RCP+ SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. RCP+SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT RCP+ HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.--
3.) GENERAL TERMS AND CONDITIONS
Payment Terms; Orders: An order is not binding upon Rackmountchassisplus.com until it is accepted; Rackmountchassisplus.com must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other method prearranged with ATXPowerSupplies.com. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Title; Risk of Loss
Rackmountchassisplus.comwill arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. Rackmountchassisplus.com reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Rackmountchassisplus.com to sign appropriate documents on Customer's behalf to permit Rackmountchassisplus.com to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. Rackmountchassisplus.com will advise Customer of estimated shipping dates, but Rackmountchassisplus.com will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between Rackmountchassisplus.com and Customer shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Rackmountchassisplus.com and Customer consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of California, Los Angeles, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against Rackmountchassisplus.com that is more than one year after the date of the applicable invoice.
Severability
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law.
Waiver
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement
These terms and conditions, together with Rackmountchassisplus.com's invoice regarding the products ordered by Customer, are the complete and exclusive agreement between Rackmountchassisplus.com and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Rackmountchassisplus.com and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
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