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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.
Refurbished products are products that
contain components that have been owned by other clients and returned to
ArecaRAID.com.
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