This Sales Agreement is a legal contract between the Customer and Mavtechonline.com. By making a purchase, placing an order, or otherwise shopping on the Site, the Customer accepts this Sales Agreement. The terms and conditions of this Sales Agreement are subject to change without prior notice. At the time the Customer initially places or modifies an order, the terms and conditions posted on the Site will govern the order in question.
Relating to the purchase or sale of goods or services on the Site, this Sale Agreement constitutes the entire agreement between the Customer and Mavtechonline.com. Modification or termination of the Sales Agreement, with regard to goods or services that have been purchased or sold on the Site, may only be done in writing and signed by an authorized agent of Mavtechonline.com. Under the Sales Agreement, electronic records (including signatures) that are otherwise valid shall be accepted. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application. By contacting Mavtechonline.com at the address provided below, the Customer may withdraw consent to receiving electronic records or have the record provided in non-electronic form.
By making a purchase, placing an order, or otherwise shopping on the Site, you agree to the terms of this Sales Agreement or any terms and conditions on our invoice. In the event of any conflict between the terms and conditions stated on your purchase order and this Sales Agreement or any terms and conditions on our invoice, our terms and conditions shall prevail.
General Legal Disclaimer
Mavtechonline.com hereby expressly disclaims all warranties either expressed or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. This disclaimer by Mavtechonline.com in no way affects the terms of the manufacturer's warranty, if any. All products sold by Mavtechonline.com are third party products and are subject to the warranties and representations of the applicable manufacturers.
Limitation of Liability
Mavtechonline.com will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. Mavtechonline.com will not be liable for products or services not being available for use or for lost or corrupted data or software. Customer agrees that for any liability related to the purchase of products or services Mavtechonline.com is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement.
Governing Law
This agreement and any sales hereunder shall be governed by the laws of the state of Texas, without regard to conflicts of laws rules. For the purposes of any suit, action, or proceeding arising out of this sales agreement, the customer consents to the jurisdiction of the federal or state courts located in Tarrant County, Texas.
Copyrights and Trademarks
Copyright© 2007-2008 Mavtechonline.com. All rights reserved. All trade names and trademarks are the properties of their respective owners.
Sales Being Exported Outside of U.S.
For any goods being purchased for purposes of export, the Customer must obtain from the federal government certain export documentation before shipping to a foreign country. In addition, many of the manufacturers' warranties for exported goods vary and may even be null and void if goods purchased are exported outside the United States. The Customer should inquire further regarding any questions of product exportation. Any and all liability is only for the products purchased.
Title and Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. If loss or damage occurs during shipping by a carrier selected by Mavtechonline.com the loss or damage will be the responsibility of Mavtechonline.com. If loss or damage occurs during shipping by a carrier selected by the Customer, the loss or damage will be the responsibility of the Customer. The title to software will remain with the applicable licensor(s).
Pricing and Information Disclaimer
All pricing is subject to change without notice. For all prices, products and offers, Mavtechonline.com reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. While Mavtechonline.com uses reasonable efforts to include accurate and up-to-date information on the Site, Mavtechonline.com makes no warranties or representations as to the Site's accuracy. Mavtechonline.com assumes no liability or responsibility for any errors or omissions in the content on the Site.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Mavtechonline.com until accepted by Mavtechonline.com. The terms of payment are within Mavtechonline.com's sole discretion. All invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Mavtechonline.com may invoice parts of an order separately, at Mavtechonline.com's sole discretion. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. Customer is responsible for any applicable sales taxes and any other taxes associated with the order, whether such taxes are collected at the time of sale or not. On all COD orders, Mavtechonline.com will accept a cashier’s check or money order. Mavtechonline.com does not apply any surcharge for credit cards.
If any provision hereof under applicable law is illegal or unenforceable, including the rate of interest or collection fee or late payment fee, the offending prevision shell be deemed stricken from this agreement and the remained previsions reformed to comply with applicable law, which may require Mavtechonline.com to remit the interest, collection or late payment fees.
In addition to the principle amount owed, customers agree to pay 33.33% of the unpaid balance as collection fees if their account is turned over to a collection agency. Customers further agree to pay reasonable attorney fees and court costs arising out of any litigation concerning the collection of their account.
Freight Policy
Shipping and handling charges varies on all orders due to weight and destination. Please contact your Mavtechonline.com account manager for our most current shipping rates. For your protection, we ship only to the verified billing address of the Customer's credit card. International shipping may be available in some circumstances, at the sole discretion of Mavtechonline.com. There can be no freight credit issued in the event any shipping delays were caused by acts of nature. The maximum credit for shipping charges on an air package that is delivered late and the delay is caused by Mavtechonline.com. or the carrier is a credit to the next lower shipping level.
Product Return Policy
Mavtechonline.com offers a 30-day return policy on selected items, subject to the return policies of the manufacturers we represent. The interpretation of the actual manufacturers return policies is at the sole discretion of Mavtechonline.com. For further information not listed, please contact your Mavtechonline.com. account manager. Please call 817-380-4225 or e-mail our customer service department at customerservice@mavtechonline.com to obtain a Return Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without an RMA number. Further, Mavtechonline.com. assumes no risk or responsibility for products returned without an RMA number. For faster service, please have the following information available when calling for an RMA number: customer name, product part number, invoice number, serial number, and nature of the problem. All products returned MUST be: 100 percent complete. Complete is defined as all items being returned with ALL of the original boxes and packing materials, having their original UPC codes intact on the manufacturer’s boxes, containing all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer. Removal or alteration of a product's serial number or serial number sticker will automatically void your Mavtechonline.com return Policy. Products that are returned to Mavtechonline.com with a missing, damaged, or altered serial number will be refused RMA service and returned to you.
Due to manufacturers' policies, Mavtechonline.com. cannot accept returns of the following items for exchange, replacement or credit FOR ANY REASON: Apple, Compaq, IBM, and Hewlett Packard. Due to manufacturer return policies, only inoperable products from these manufactures may be returned 3COM, Acer, Adtran, All Generic Memory, American Power Conversion, Ascend/Lucent, ATI Technologies, Belkin, Cisco, Cornerstone, Fujitsu, Intel, Mylex, Onstream, Palm, Pinnacle Systems, Quantum, Sharp, Tandberg Data. This list may not represent all of the manufactures with restrictive return policies. This list of manufacturers with restrictive return manufacturers may change from time to time at the sole discretion of Mavtechonline.com.
Most defective products (except computers, printers, and software) may be returned for repair or replacement only, at Mavtechonline.com. discretion, within 30 days of the invoice date. Mavtechonline.com. will not charge a return-processing fee of any kind when a defective item is repaired or replaced with the identical item. All non-defective returns (except software) for credit or exchange are subject to a 15% return-processing fee and must be completed within 30 days of the invoice date. Minimum return-processing fee for any refund or credit is $25.00.
Unopened full version software products may be returned for refund or exchange within 30 days of invoice date. Multiple software licenses and product upgrades cannot be returned for refund or exchange unless first authorized by the manufacturer, no exceptions. Multiple software licenses and product upgrades may not be returned beyond 30 days for any reason. You, the customer, are responsible for shipping charges on returned items. Mavtechonline.com. strongly recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection. Any item that is missing the UPC can ONLY be replaced with the same item. After 30 days, all manufacturers' warranties apply. Consumable products like toner, ink cartridges, drum and paper are non-returnable if the manufacturer's factory seal has been broken. Defective products must be returned directly to the manufacturer. Discontinued or end of life products can only be returned for repair. No refunds or exchanges can be made.
Mavtechonline.com. reserves the right to authorize product returns beyond 30 days from the invoice date. IF the product is accepted after 30 days, credit will be issued toward FUTURE PURCHASES ONLY. Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back to Mavtechonline.com. on returned items.
Shipping Damage Policy
If merchandise arrives damaged to you: it is best to REFUSE it back to the carrier attempting delivery. You must contact Mavtechonline.com. within 3 business days if an order is being refused back to the carrier due to damage. All unauthorized refusals are subject to a 15% return processing fee and no credit for the freight charges.
If you accept a damaged package, make sure any externally visible damage is noted on the carrier's delivery record. This will enable Mavtechonline.com. to file a damage claim. In the event of shipping damage, you must save the merchandise AND the original box and packing it arrived in. Additionally, in the event of visible shipping damage, we recommend you take and retain photographs of the shipment and notify Mavtechonline.com. Immediately to arrange for a carrier inspection and a pickup of damaged merchandise.
If you do not notify Mavtechonline.com. of damaged goods within the first 3 business days of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Call your Mavtechonline.com. account manager to arrange for carrier inspection and a pickup of damaged merchandise.
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