|PLEASE READ THIS DOCUMENT CAREFULLY!
THESE TERMS & CONDITIONS BELOW APPLY TO ALL YOUR PURCHASES FROM Discount Data Mart. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LEGAL LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
By accepting delivery of any product delivered from Discount Data Mart, you ("Customer") agree to be bound by the terms and conditions listed below. You and Discount Data Mart agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and Discount Data Mart. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from Discount Data Mart.
1. Discount Data Mart REFUND GUARANTEE - Discount Data Mart offers our customers a 30-day satisfaction replacement or refund guarantee on all purchases, except:
However, to take advantage of Discount Data Mart's return guarantee policy, Customer agrees to comply with Discount Data Mart's Product Return Procedure a set forth below. Any breach of Discount Data Mart's Return Policy Procedure will result in the loss of Discount Data Mart's replacement/return guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected.
Product Return Procedure:
Discount Data Mart is a distributor only. Products sold by Discount Data Mart are not manufactured by Discount Data Mart. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if any). All products sold by Discount Data Mart are Grade 'A' Refurbished or better; unless otherwise specified. Discount Data Mart assigns and passes through to the Customer any warranty of the manufacturer, and Customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products. However, if there is no warranty provided by the manufacturer Discount Data Mart will provide a 90 day warranty. Discount Data Mart MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. Discount Data Mart DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
3. YEAR 2000 POLICY
4. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES Discount Data Mart's MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. Discount Data Mart 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. Discount Data Mart SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT Discount Data Mart IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
5. GENERAL TERMS AND CONDITIONS
Condition of Product : Discount Data Mart receives product from a range of sources and in a range of conditions. Every product sold by Discount Data Mart is Grade 'A' Refurbished, meaning that it is in working condition and meets or exceeds the original manufacturer specifications, unless otherwise specified. Customers are responsible for confirming condition of the product they wish to purchase with their sales representative. The image that accompanies the product is for reference only and the customer agrees to rely on the written description of the product.
Newsletter Subscription : All new customers are automatically added to the Discount Data Mart mailing list. The first email received will contain an un-subscribe link that can be used to remove an email address from the list.
Payment Terms; Orders: An order is not binding upon Discount Data Mart until it is accepted; Discount Data Mart 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, wire transfer, or some other method prearranged with Discount Data Mart. 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.
Shipping Charges: Your total cost for purchase of any product will include shipping and handling charges shown on the Discount Data Mart invoice.
Price Protection: Our website is updated frequently to ensure that you'll view the latest products and pricing available, and that you receive all of the latest savings. At the time you make a purchase you agree to the listed price. We are unable to make a price adjustment after an order has shipped. However, if you notify Discount Data Mart prior to the shipment of your order, we would be happy to make the price adjustment for you.
Title; Risk of Loss: Discount Data Mart will arrange for shipment of ordered product(s) to the Customer, Freight 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. Discount Data Mart reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow Discount Data Mart to sign appropriate documents on Customer's behalf to permit Discount Data Mart 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. Discount Data Mart will advise Customer of estimated shipping dates, but Discount Data Mart 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 Discount Data Mart and Customer shall be governed by the laws of the State of Washington, 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. Discount Data Mart and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of California, Orange County, 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 Discount Data Mart 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 the Discount Data Mart's invoice respecting the products ordered by Customer, are the complete and exclusive agreement between Discount Data Mart and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between Discount Data Mart 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.