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By accepting delivery of any product
delivered from access-trading.com ("Access Trading Corp."), you
("Customer") agree to be bound by the terms and conditions listed
below. You and Access Trading Corp agree that the following terms
and conditions are the exclusive terms governing the sales
transaction between Customer and Access Trading Corp. 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 Access
Trading Corp or accept delivery of any goods from Access Trading
Corp.
1. ACCESS TRADING CORP. SATISFACTION
GUARANTEE
Access Trading Corp offers our customers a 30-day
satisfaction or refund guarantee on all purchases, except:
• Any product missing the serial number or UPC bar code.
• Notebooks are non-refundable. Notebook purchases within 30 days
from the original invoice date are eligible only for repair in
case of a defective notebook.
• Ink cartridges and toners may only be returned for refund within
30 days of the original invoice date if the retail/OEM packaging
is unopened and not tampered with.
• 7-day refund guarantee on Retail and OEM processors. All refunds
on processors will be subjected to a 15% restocking fee to reflect
the current market value.
• Refurbished merchandise is non-refundable. All refurbished
merchandise has a 15-day warranty period.
• Software may only be returned for refund within 10 days of the
original invoice date if the retail/OEM packaging is unopened and
not tampered with. Opened software cannot be returned for refund.
Opened software within 10 days of the original invoice date may
only be exchanged for an identical replacement in case of a
defective media.
To take advantage of Access Trading Corp's satisfaction guarantee,
the customer must comply with the Product Return Procedure
detailed below. Any breach of Access Trading Corp's Return Policy
Procedure will result in the loss of Access Trading Corp's refund
guarantee. Furthermore, all return shipments not in compliance
with these instructions will be rejected.
Product Return Procedure
• To
return a product in compliance with Access Trading Corp's
satisfaction guarantee, you must obtain an RMA (Return Merchandise
Authorization) number within the guarantee return period for the
product (described above). Please click here to acquire an RMA
number. All RMA requests must be filed online. Access Trading Corp
will not accept returns without prior authorization and an RMA
number. Once issued, RMA numbers are valid for 15 days within
which return products must be received by Access Trading Corp. 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 Access Trading Corp. 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 and insurance 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, Access Trading
Corp's Return Procedure will be breached and Access Trading Corp
may in its sole and absolute discretion reject the entire return
or choose to impose additional charges against the customer for
replacement of the missing component(s).
• Access Trading Corp will not refund to Customer the original
shipping charges. In addition, Access Trading Corp will assess a
15% restocking fee against the Customer's account on all returns
for refund.
2. WARRANTIES
Access Trading Corp
is a distributor only. Products sold by Access Trading Corp are
not manufactured by Access Trading Corp. The products may,
however, be covered by each manufacturer's warranty, service, and
support policy (if any). Access Trading Corp 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.
Access Trading Corp MAKES NO REPRESENTATION OR EXPRESS WARRANTY
WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT.
Access Trading Corp 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 ACCESS TRADING CORP'S MAXIMUM LIABILITY IS LIMITED
TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. ACCESS TRADING
CORPSHALL 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. ACCESS TRADING CORP. 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 ACCESS TRADING
CORP. HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR
DAMAGES.
4. GENERAL TERMS AND CONDITIONS
Payment Terms; Orders: An order is not binding upon Access Trading
Corp. until it is accepted; Access Trading Corp 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, or some other method prearranged with Access Trading
Corp. 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 Access Trading Corp invoice.
Title; Risk of Loss
Access Trading
Corp 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. 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. Access Trading Corp will advise Customer of
estimated shipping dates, but Access Trading Corp 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 Access Trading Corp and Customer
shall be governed by the laws of the State of Florida, 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. Access Trading Corp and Customer consent to the
exclusive jurisdiction and the exclusive venue of the State Courts
of the State of Florida, Dade 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 Access Trading Corp 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
Florida 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 Access Trading Corp's invoice regarding the products
ordered by Customer, are the complete and exclusive agreement
between Access Trading Corp and Customer, and they supersede all
prior or contemporaneous proposals, oral or written,
understandings, representations, conditions, warranties, and all
other communications between Access Trading Corp. 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.
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