PLEASE READ THIS DOCUMENT CAREFULLY!
THESE TERMS & CONDITIONS BELOW APPLY TO ALL YOUR PURCHASES FROM S&A, LLC. 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 SIGMART AND ASSOCIATES, LLC ("S&A, LLC"), you
("Customer") agree to be bound by the terms and conditions listed below. You and
S&A, LLC agree that the following terms and conditions are the exclusive terms
governing the sales transaction between Customer and S&A, LLC. 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 by
S&A, LLC at
any time, without prior written notice. Therefore, please check this agreement carefully each time you place an order with or accept delivery of any
goods from S&A, LLC.
1. S&A, LLC REFUND GUARANTEE - S&A, LLC offers our customers a 30-day (30 days
from the original invoice date) satisfaction replacement or refund guarantee on
all purchases, except:
7-day refund guarantee on all Memory.
Due to manufacturer's policies, S&A, LLC can not accept refunds or returns on
All Software, Game Titles, Retail Boxed Processors, Notebooks, Blank Media and
Blank Cartridges, Camcorders, Printer Cartridges, Notebook Batteries, Minolta, Sony, Intel, Toshiba,
Plantronics Inc., Acer America Corp., NEC and
Hewlett Packard products. Defective merchandise can be returned to the
manufacturer directly.
However, to take advantage of S&A, LLC's return guarantee policy, Customer
agrees to comply with S&A, LLC's Product Return Procedure a set forth below. Any
breach of S&A, LLC's Return Policy Procedure will result in the loss of S&A,
LLC's replacement/return guarantee. Furthermore, all return shipments not in
compliance with these instructions will be rejected.
Product Return Procedure:
To return a product based upon S&A, LLC's replacement/return guarantee, you must
call or e-mail our Returns Department and obtain a Return Merchandise
Authorization ("RMA") number within the guarantee return period for the product
(described above). S&A, LLC will not accept returns without prior authorization
and an RMA number. Once issued, RMA numbers are valid for 14 days in which must
be returned to S&A, LLC. RMA numbers will not be extended or reissued. Customer
should prominently display the RMA number(s) on the shipping label of boxes
containing the returned product.
Customer is solely responsible for shipping any returned product to S&A, LLC.
Customer agrees to use only reputable carriers capable of providing proof of
delivery and insurance for the entire value of the shipment. Customer agrees to
bear all shipping charges and all risk of loss for the return product during
shipment. Customer agrees that all returned products will be 100% complete, in
re-saleable condition, and will include the original packaging material,
manuals, blank warranty cards, and other accessories provided by the
manufacturer. If any component of the returned product is missing, S&A, LLC's
Return Procedure will be breached and S&A, LLC will reject the entire return or
may choose to impose additional charges against the customer for replacement of
the missing component.
S&A, LLC will not refund to Customer the original shipping charges. In addition,
S&A, LLC will assess a 15% restocking fee against the Customer's account on all
non-defective returns for refund.
Products being returned for a refund, must be received by S&A, LLC prior to
15
days from the original invoice date. Returns received after the 15 day return
period will no longer be eligible for refund.
2. WARRANTIES
S&A, LLC is a Reseller only. Products sold by S&A, LLC are not manufactured
by S&A, LLC. The products may, however, be covered by each manufacturer's
warranty, service, and support policy (if any). S&A, LLC 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. S&A, LLC MAKES NO REPRESENTATION OR
EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS
DOCUMENT. S&A, LLC 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. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES S&A, LLC'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE
PRICE OF THE PRODUCTS SOLD. S&A, LLC 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. S&A, LLC 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 S&A, LLC IS
APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
4. GENERAL TERMS AND CONDITIONS
Payment Terms; Orders: An order is not binding with S&A, LLC until it is
accepted; S&A, LLC 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 using PayPal.
Fax Authorizations: We do require a fax authorization to accompany any
notebook/laptop purchases. The following items need to be included in your fax:
1. Copy of the credit card.
2. Copy of a picture ID
3. A statement reading "I authorize SIGMART AND ASSOCIATES, LLC to ship my order to the following
(shipping) address, followed by the billing address.
4. A handwritten signature
5. Please be sure to include your invoice number for reference.
Fax to: 1-419-537-9095
Shipping Charges: Your total cost for purchase of any product will include
shipping and handling charges shown on the S&A, LLC 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. Unfortunately,
S&A, LLC does not offer price matching for competitors.
Title; Risk of Loss: S&A, LLC will 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. S&A, LLC reserves a purchase money security interest in
the product(s) until its receipt of the full amount due. Customer agrees to
allow S&A, LLC to sign appropriate documents on Customer's behalf to permit S&A,
LLC 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. S&A, LLC will advise
Customer of estimated shipping dates, but S&A, LLC 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 S&A, LLC and Customer shall be governed by the laws of the
State of Ohio, 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.
S&A, LLC and Customer consent to the exclusive jurisdiction and the venue of the
State Courts of the State of Ohio, Lucas 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 agree not to bring any legal action, based upon any legal theory
including contract, tort, equity or otherwise, against S&A, LLC 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 Ohio 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 S&A, LLC's
invoice respecting the products ordered by Customer, are the complete and
exclusive agreement between S&A, LLC and Customer, and they supersede all prior
or contemporaneous proposals, oral or written, understandings, representations,
conditions, warranties, and all other communications between S&A, LLC 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.