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POLICIES,
TERMS AND CONDITIONS OF SALE
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| 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. |
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