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PLEASE READ THIS DOCUMENT CAREFULLY!
THESE TERMS & CONDITIONS BELOW APPLY TO ALL YOUR PURCHASES
FROM ArecaRAID.com. 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 us ("ArecaRAID.com"),
you ("Customer")
agree to be bound by the terms and
conditions listed below. You and ArecaRAID.com agree that the following terms
and conditions are the exclusive terms governing the sales transaction between
Customer and ArecaRAID.com. 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
ArecaRAID.com.
1. ArecaRAID.com REFUND GUARANTEE
ArecaRAID.com offers our customers a 30-day
satisfaction replacement or refund guarantee on all purchases.
However, to take advantage of ArecaRAID.com's return
guarantee policy, Customer agrees to comply with ArecaRAID.com's Product Return
Procedure as set forth below. Any breach of ArecaRAID.com's Return Policy
Procedure will result in the loss of ArecaRAID.com'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 ArecaRAID.com's
replacement/return guarantee, you must first call or e-mail our Returns
Department and obtain a Return Merchandise Authorization ("RMA") number within
the guaranteed return period for the product (described above). ArecaRAID.com
will not accept returns without prior authorization and an RMA number. Once
issued, RMA numbers are valid for 14 days within which return products must be
received by ArecaRAID.com. 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 ArecaRAID.com. Customer agrees to use only
reputable carries 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, ArecaRAID.com's Return Procedure will be breached and
ArecaRAID.com will reject the entire return or may choose to impose additional
charges against the customer for replacement of the missing component.
ArecaRAID.com will not refund Customer the original shipping
charges.
2. WARRANTY
ArecaRAID.com warranty only covers normal customer
use and does not cover damages incurred during shipping
or failure due to the alteration, misuse, abuse, or improper handling and or
maintenance of products. Each device varies on warranty period; check your
documentation that came with the product for warranty period.
All cables sold on ArecaRAID.com have a warranty of 14 days
from the date of purchase.
3. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES ArecaRAID.com's MAXIMUM
LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. ArecaRAID.com
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. ArecaRAID.com 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 ArecaRAID.com IS APPRISED OF THE
POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
4. GENERAL TERMS AND CONDITIONS
Payment Terms; Orders: An order is not binding upon
ArecaRAID.com until it is accepted; ArecaRAID.com 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 ArecaRAID.com. 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 ArecaRAID.com 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 if the price has
changed, after an order has shipped. However, if you notify ArecaRAID.com prior
to the shipment of your order, we would be happy to make the price adjustment
for you. Unfortunately, TekramOnline.com does not offer price matching for
competitors.
Title; Risk of Loss: ArecaRAID.com 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. ArecaRAID.com reserves a purchase
money security interest in the product(s) until its receipt of the full amount
due. Customer agrees to allow ArecaRAID.com to sign appropriate documents on
Customer's behalf to permit ArecaRAID.com 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. ArecaRAID.com will advise Customer of estimated shipping
dates, but ArecaRAID.com 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 ArecaRAID.com and Customer shall be
governed by the laws of the State of California, 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. ArecaRAID.com 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 Areca 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 un-enforceability 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 ArecaRAID.com's invoice respecting the products
ordered by Customer, are the complete and exclusive agreement between
ArecaRAID.com and Customer, and they supersede all prior or contemporaneous
proposals, oral or written, understandings, representations, conditions,
warranties, and all other communications between ArecaRAID.com 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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