| POLICIES, TERMS AND CONDITIONS OF SALE
This Terms and Conditions of Sale, along with the Credit Application
or guaranty agreement, confirms and constitutes this contract for
the sale of good between ATD ( Seller) and Buyer and governs the
rights and obligation of the parties notwithstanding any prior
course of dealing, custom or usage of sales, course of performance,
prior invoice terms and conditions, purchase orders, contracts
and agreements. Seller and Buyer hereby agree to the following:
PAYMENT: Buyer agrees to pay the amount due in full including
shipping & handling costs involving the goods, according to
the terms listed on the invoice .If applicable, credit terms and
the "postdating" of the checks are determined by the
invoice date, NOT the shipping date nor the date of receipt. If
buyer fails to fulfill its payment obligation, then Seller may
withhold deliveries and suspend performance. Buyer understands
and agrees to pay (1) a $25.00 fee any time a check is returned
uncollected for any reason, (2) late charges of 0.05% per day on
any past due balance, (3) all costs connected to debt collection.
If Seller brings any legal action to enforce this agreement, Seller
shall be entitled to recover all reasonable costs and expenses
incurred, including but not limited to attorneys' fee, suit fees
and court costs.
SPECIAL ORDERS: Special items require a Purchase Order via fax
and a 25% non-refundable deposit at the time of order.
DELIVERY AND RISK OF LOSS: Seller retains title and a security
interest to goods until full payment is perfected. The risk of
loss passes to Buyer upon delivery of the goods to the carrier.
Shortages, missing parts, or errors must be claimed within TWO
(2) days after receipt of goods, otherwise shipment is deemed to
be complete.
REFUSED SHIPMENT: If Buyer refuses shipment or attempts to cancel
or rescind this contract without legal excuse, Seller may opt to
recover liquidated damages, consisting of 15% of the total price
(restocking fee) plus all freight and handling charges.
LIMITED WARRANTY: All computer peripherals are covered by ONE
(1) year replacement warranty if deemed defective. OEM Processors
and Memory are covered for 30 days after the invoice date. Retail
box and other products carrying an extended manufactures warranty
are covered by ATD for (30) thirty days only. This warranty does
not cover goods damaged because of misuse, neglect, shipping, improper
installation, or goods subjected to unusual physical or electrical
stress, or goods with broken warranty seals or any item modified
or adjusted or repaired by persons other than Seller's authorized
personnel. Seller reserves the right to repair or replace any product
during the warranty period. If seller can not replace a defective
good because it is discontinued, then Seller will credit Buyer
the value of the good based on the current list price. Any replacement
is warranted only for the reminder of the warranty period applicable
to the product it replaces. This limited warranty applies only
to the Buyer and is not transferable.
MERCHANDISE RETURNS: All merchandise to be returned to ATD must
have a Return Material Authorization (RMA) number. To obtain an
RMA number, please contact our RMA department. Each RMA number
is valid for 7 days only. A 15% restocking fee may apply on returned
products that do not contain manuals, software, cable and accessories
originally purchased. Any return sent freight collect, COD or without
the RMA number written on the shipping label will be refused unless
prior approval is given.
RETURN POLICY AND RESTOCKING: Original receipt is required for
returns, exchanges and warranty repair service. ABSOLUTELY NO CASH
REFUNDS; however, ATD will apply credit towards your next purchase.
Request for a full credit for merchandise must be made within 7
days from the date of invoice with the original box and all packing
materials originally bought. All merchandise returned after 7 days
is subject to a 15% restocking fee. All opened retail box products
returned for credit are subject to a 15% restocking fee. No returns
or exchanges on opened software. Certain items that are subject
to price volatility will be credited pricing consistent with the
market. No returns or exchanges accepted after 30 days on all merchandise
unless the limited warranty applies.
MODIFICATIONS: This contract is the complete understanding of
the parties and supersedes all prior agreements relating to this
sale. This contract cannot be changed, modified, amended, waived,
canceled or discharged in whole or in part unless so done in writing
and signed by both parties. Seller's delay or failure to enforce
any of its rights hereunder shall not constitute a waiver. |