Terms
and Conditions of Sale
TechWorldStore
is a division and a trade mark of Consensus LLC. References to TechWorld
Store include references to Consensus LLC. "We", "Our" or
"Us" refers to TechWorld Store and
Consensus LLC.
THE TERMS AND CONDITIONS OF
SALE
("Terms") ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR
DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE
MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS
HEREBY GIVEN. BY ACCEPTING
DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN TECHWORLD STORE’S INVOICE
OR ANY OTHER DOCUMENTATION PROVIDED BY TECHWORLDSTORE OR CONSENSUS LLC,
CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE.
1. Application of Terms; Customer Acknowledgment
These Terms constitute a binding contract between Customer and TechWorld
Store. Customer acknowledges agreement and acceptance of these Terms by making
a purchase, placing an order or otherwise shopping on our Website (the
"Site"). These Terms are subject to change without prior notice,
except that the Terms posted on the Site at the time Customer initially places
or modifies an order will govern the order in question.
2.
Governing Law; All Sales made in
Florida
THESE TERMS AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE
STATE OF FLORIDA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES, REGARDLESS OF THE
LOCATION OF THE CUSTOMER. ANY DISPUTE, ACTION OR LITIGATION MUST BE BROUGHT IN
FLORIDA
AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS
LOCATED IN
FLORIDA
, SUBMITS TO JURISDICTION THERE, AND WAIVES THE RIGHT TO CHANGE VENUE.
CUSTOMER HEREBY AGREES THAT SUCH VENUE IS APPROPRIATE AND THAT TECHWORLD
STORE'S AGREEMENT TO SELL AND DELIVER PRODUCTS TO THE CUSTOMER IS DEPENDENT ON
THIS PROVISION.
3.
Purchase price
Prices are listed in our catalogs and Web site, and are subject to change
without notice. Prices for certain government, corporate, and institutional
customers may be set forth in a bid or other written agreement between the
parties. Payment is due before shipment. We collect sales and use taxes for
sales made to residents of the State of
Florida
. Additional states may be added without notice.
4.
Shipping; Risk of Loss; Security Interest
TechWorld Store will arrange payment for shipping
with the carrier, but such costs are the responsibility of Customer. TechWorld
Store charges shipping and handling fees for every shipment, unless a special
promotion or contract term provides otherwise; such cost includes the freight
charged by the carrier, packaging, and handling, but does not necessarily
equal a direct pass-through of such cost to the customer. Risk of loss is upon
Customer once we deliver the product to the carrier. Delivery times are
estimates only and we shall not be liable for delays. TechWorld
Store retains a security interest in the products until payment in full is
received. Customer will be responsible for all shipping and related charges.
5.
Sales with Intend to Export
TechWorld Store only sells and ships in the
United States
. Sales of our products must follow the Export Administration Regulations of
the U.S. Commerce Department and applicable State Department restrictions.
Certain hardware products may not be exported to certain countries, or may be
exported only with individual licenses; and software that contains DES data
and/or encryption technology may not be exported outside the
U.S.
The commodities, technology and/or software sold or distributed under these
Terms may not be exported or re-exported to countries, entities and persons
that are ineligible under
United States
law to receive
United States
commodities, technology and/or software. Customer represents and warrants that
it is eligible to receive products under
United States
law and agrees to abide by any export or re-export restrictions imposed by the
manufacturer or publisher. Manufacturers' warranties for exported products may
vary or may be null and void for products exported outside the
United States
.
6.
LIMITED MANUFACTURER'S WARRANTY
Customer understands that TechWorld Store is not
the manufacturer of the products purchased by Customer hereunder and the only
warranties offered are those of the manufacturer, not us. In purchasing the
products, Customer is relying on the manufacturer's specifications only and is
not relying on any statements, specifications in brochures, photographs or
other illustrations representing the products that may be provided by us. In
connection with services, neither affiliates of TechWorld
Store nor third party service providers are our agents and we have no
obligation or liability arising from any services performed by or any
warranty, if any, made by, such service providers. We warrant that we have
good title to the hardware products we sell, and that we have proper authority
to license the software products we distribute. We do not warrant the
performance or integrity of any Product, but merely pass through to the
Customer whatever end-user warranty the manufacturers or software publishers
provide with their respective products. STATEMENTS MADE TO YOU IN THE COURSE
OF ANY PRIOR, CURRENT, OR FUTURE SALE ARE SUBJECT TO THE YEAR 2000 INFORMATION
AND READINESS DISCLOSURE ACT, (___U.S. C.___) (P.L. 105-271). IN THE CASE OF A
DISPUTE, THIS ACT MAY REDUCE YOUR LEGAL RIGHTS REGARDING THE USE OF ANY SUCH
STATEMENTS, UNLESS OTHERWISE SPECIFIED BY YOUR CONTRACT OR TARIFF. TECHWORLD
STORE AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER
EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD
PARTIES OR AFFILIATES OF TECHWORLD STORE, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS
DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY. TechWorld
Store has no control over the technology of the Products sold herein, and
therefore cannot and does not indemnify Customer for claims by third parties
that Products infringe any patent, copyright, trademark or trade secret. TechWorld
Store will pass through any such indemnity it receives from the Product
manufacturer or supplier.
7.
Pricing Information; Availability;
Errors and omissions Disclaimer
All pricing is subject to change. We reserve
the right to make adjustments to pricing, products and service offerings for
reasons including, but not limited to, changing market conditions, product
discontinuation, product unavailability, manufacturer price changes and errors
in advertisements. All orders are subject to product availability. Therefore, we
cannot guarantee that it will be able to fulfill Customer's orders. We
make every effort to ensure the accuracy of the information published in our
catalogs and on our Web site(s). However, the documents and graphics published
on this site may contain technical inaccuracies or typographical errors. We
make no representations about the suitability of the information and graphics
presented on this site. All such documents and graphics are provided "as
is" without warranty of any kind. If an error is made and a product is
listed at an incorrect price, we shall maintain the right to refuse or cancel
any orders placed at the incorrect price. If the order has been confirmed and
charged to your credit card, we shall immediately issue a credit in the amount
of the incorrect price. Note: We also do not guarantee that our prices listed
on other Web sites or price engines are accurate or up-to-date.
8.
Limitation of Liability
NEITHER TECHWORLD STORE NOR ITS AFFILIATES WILL 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. NEITHER TECHWORLD STORE NOR ITS AFFILIATES WILL BE LIABLE
FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR
SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT
FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED
DIRECTLY BY TECHWORLD STORE OR ITS AFFILIATES, NEITHER TECHWORLD STORE NOR ITS
AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE
DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO
THE CLAIM. We will not be responsible for any delays in delivery which result
from any circumstances beyond our control, including without limitation,
product unavailability, carrier delays, delays due to fire, severe weather
conditions, failure of power, labor problems, acts of war, terrorism, general
insurrection, acts of God or acts of any government or agency.
9.
Third Party Services
Customer acknowledges and agrees that we and our affiliates are resellers of
services and are not the provider of those
services. In those cases, the third party service provider is the only party
responsible for providing services to Customer. In those cases, Customer will
look solely to the third party service provider for any loss, claims or
damages arising from or relating to the purchase or provision of such
services. Customer hereby releases TechWorld
Store, and its affiliates from any and all claims arising from or relating to
the purchase or provision of any such services by third party service
providers. Services may be subject to tax. All amounts, including taxes,
associated with third party services are being collected by us solely in the
capacity as an independent sales agent.
10.
Orders; Payment Terms; Interest;
Taxes
Orders are not binding upon us until accepted by us. Terms of payment are
within our sole discretion. Invoices are due and payable within the time
period specified on the invoice, measured from the date of invoice. We may
invoice parts of an order separately. Customer is responsible for, and
will indemnify and hold TechWorld Store harmless
from, any applicable sales, use or other taxes or federal, state or local fees
or assessments associated with the order. Customer must claim any exemption
from such taxes, fees or assessments at the time of purchase and provide the
necessary supporting documentation. Any sales, use or other applicable tax or
fees or assessments is based on the location to which the order is shipped. In
the event of a payment default, Customer will be responsible for all of our
costs of collection, including court costs, filing fees and attorney's fees.
11.
Return Privileges
All returns require prior authorization. Returns
must be authorized by us within 30 days of the invoice date. Within thirty
(30) days of purchase, we will replace or repair, at our sole discretion, any
product that is deemed defective. After 30 days, the manufacturer's warranty
process must be followed. Please Note: Due to restrictions placed upon us by
the manufacturers, computers and printers are returnable in the first 30 days
for repair only. Computers, printers, LCD/DLP projectors, personal digital
assistants (PDAs) and Quark products are not
returnable for credit or exchange. Special Orders, custom configurations, and
Sony Digital Imaging Products are not returnable for credit or exchange.
Additional products may be added to this list as: manufacturer policies
change, manufacturer goes out of business or as new product categories become
available. All non-defective returns MUST BE authorized by The Company are subject to
a 15% restocking fee, and must be returned within 30 days from date of
invoice. Customer is also responsible for the shipping charges to return the merchandize.
Failure to return a product within the applicable return period will be
deemed to be an acceptance of the product.
12.
Vendor license agreements
Customer agrees to abide by all license provisions or end user agreement
imposed by the manufacturer or publisher.
13.
Damaged Products
If Customer receives damaged products, please
refuse the products upon original delivery attempt. If damaged products are
accepted from the carrier, such damage should be noted on the carrier delivery
record. Please save the product and the original box and packaging and notify TechWorld
Store immediately to arrange for a carrier inspection and a pick up of damaged
products. Please notify Customer Service at 1-8XX-XXX-XXXX of damaged products
WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this information is
necessary for TECHWORLD STORE to file a damage claim.
14.
Entire Agreement
These Terms constitute the entire agreement between Customer and TechWorld
Store relating to the sale of products and services on the Site. Customer
consents to receiving electronic records, which may be provided via a Web
browser or e-mail application connected to the Internet; individual consumers
may withdraw consent to receiving electronic records or have the record
provided in non-electronic form by contacting us at the address provided
below. Customer may issue a purchase order for administrative purposes only.
Additional or different terms and conditions contained in any such purchase
order will be null and void. Customer agrees that the Terms contained herein
and in our invoice or other documentation will control. No course of prior
dealings between the parties and no usage of trade will be relevant to
determine the meaning of these Terms or any purchase order or invoice related
thereto. This section may not apply if there is a written contract between
Customer and TechWorld Store. In the event any
section or portion of a section of these Terms are deemed unlawful or
unenforceable, that section or portion of a section shall be stricken from the
Terms, and the remaining terms shall continue in full force and effect.