Terms and Conditions
of Sale
PLEASE READ THIS DOCUMENT CAREFULLY!
IT CONTAINS VERY IMPORTANT INFORMATION ABOUT
YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS
AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS
DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Agreement contains the terms and conditions
that apply to purchases by Home, Home Office,
and Small Business customers from the ThotBox
entity named on the invoice ("ThotBox") that
will be provided to you ("Customer") on orders
for computer systems and/or related products
and/or services and support sold by ThotBox in
the United States. By accepting delivery of the
computer systems, other products and/or services
and support described on that invoice, Customer
agrees to be bound by and accepts these terms
and conditions. If for any reason you are not
satisfied with your ThotBox-branded hardware
system, you may return the system under the terms
and conditions of ThotBox's "Customer’s
First Return Policy found in the documentation
accompanying the system.
THESE TERMS AND CONDITIONS APPLY (I) UNLESS THE
CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT
WITH THOTBOX, IN WHICH CASE THE SEPARATE AGREEMENT
SHALL GOVERN; OR (II) UNLESS OTHER THOTBOX STANDARD
TERMS APPLY TO THE TRANSACTION.
These terms and conditions are subject to change
without prior written notice at any time, in
ThotBox's sole discretion.
1. Other Documents. Other than as specifically
provided in any separate formal purchase agreement
between Customer and ThotBox, these terms and
conditions may NOT be altered, supplemented,
or amended by the use of any other document(s).
Any attempt to alter, supplement or amend this
document or to enter an order for product(s)
which is subject to additional or altered terms
and conditions will be null and void, unless
otherwise agreed to in a written agreement signed
by both Customer and ThotBox.
2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL
BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS
OF LAWS RULES.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment
are within ThotBox's sole discretion, and unless otherwise agreed to
by ThotBox, payment must be received by ThotBox prior to ThotBox's
acceptance of an order. Payment for the products and services and support
may be made by credit card, wire transfer, or some other prearranged
payment method unless ThotBox has agreed to credit terms. Invoices
are due and payable within the time period noted on the reverse side
of this invoice, measured from the date of the invoice. ThotBox may
invoice parts of an order separately. Orders are not binding upon ThotBox
until accepted by ThotBox. Any quotations given by ThotBox will be
valid for the period stated on the quotation. Customer agrees to pay
interest on all past-due sums at the highest rate allowed by law.
4. Shipping Charges; Taxes. Separate charges for shipping and
handling will be shown on the invoice(s). Unless Customer provides
ThotBox with a valid and correct tax exemption certificate applicable
to the product ship-to location prior to ThotBox's acceptance of the
order, the Customer is responsible for sales and all other taxes associated
with the order, except for ThotBox's franchise taxes and taxes on ThotBox's
net income. If applicable, a separate charge for taxes will be shown
on the invoice.
5. Title; Risk of Loss. Title to products passes from ThotBox
to Customer on shipment from ThotBox's facility. Loss or damage that
occurs during shipping by a carrier selected by ThotBox is ThotBox's
responsibility. Loss or damage that occurs during shipping by a carrier
selected by Customer is Customer's responsibility. Title to software
will remain with the applicable licensor(s).
6. Warranties. THE LIMITED WARRANTIES APPLICABLE
TO THOTBOX-BRANDED PRODUCTS ARE INCLUDED IN THE
DOCUMENTATION PROVIDED WITH THE PRODUCTS. THERE
ARE NO WARRANTIES FOR SERVICES. THOTBOX MAKES
NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN
THOTBOX'S APPLICABLE WARRANTY STATEMENT IN EFFECT
ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES
WILL BE EFFECTIVE, AND THOTBOX WILL BE OBLIGATED
TO HONOR ANY SUCH WARRANTIES, ONLY UPON THOTBOX'S
RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE
WARRANTED.
7. Software. All software
is provided subject to the license agreement
that is part of the package.
Customer agrees that it will be bound by the
license agreement once the package is opened
or its
seal is broken. ThotBox does not warrant any
software under this Agreement. Warranties, if
any,
for the software are contained in the license
agreement that governs it purchase and use.
8. Return Policies. ThotBox-branded hardware
systems and parts that are purchased directly
from
ThotBox by an end-user Customer may be returned
by Customer in accordance with ThotBox's
"Total Satisfaction Return Policy" in effect on the date of the invoice. ThotBox's "Total
Satisfaction
Return Policy" can be found in the documentation
provided with the products.
9. Exchanges. From time to time, ThotBox
may, in its sole discretion, exchange products
or portions
of a product. Any exchanges will be made in accordance
with ThotBox's exchange policies in effect
on the date of the exchange.
10. Products. ThotBox continually upgrades and revises its products
and service offerings to provide
ThotBox customers with new products and service
offerings. ThotBox may revise and discontinue
products at any time without prior notice to
customers. ThotBox will ship products that have
the
functionality and performance of the products
ordered, but changes between what is shipped
and
what is described in a specification sheet or
catalog are possible. The parts and assemblies
used in
building ThotBox products are selected from new
and equivalent-to-new parts and assemblies in
accordance with industry practices. Spare parts
may be new or reconditioned. The quoted ThotBox
SKU numbers for ThotBox-branded hardware products
are of the quantity specified by ThotBox
and conform in all material respects with the
ThotBox product specifications current on the
date
such products were shipped.
11. Limitation of Liability. THOTBOX DOES NOT ACCEPT LIABILITY BEYOND
THE REMEDIES
SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR
PRODUCTS NOT BEING AVAILABLE
FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE,
OR THE PROVISION OF
SERVICES AND SUPPORT. THOTBOX 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.
CUSTOMER AGREES THAT
FOR ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCTS OR SERVICES BUNDLED
WITH THE PRODUCTS, THOTBOX IS NOT LIABLE OR RESPONSIBLE
FOR ANY AMOUNT OF
DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID
BY CUSTOMER FOR THE
PURCHASE OF PRODUCTS OR SERVICES UNDER THIS AGREEMENT.
12. Binding Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER
IN CONTRACT,
TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT
OR FUTURE, AND INCLUDING
STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE
CLAIMS) AGAINST
THOTBOX, its agents, employees, successors, assigns
or affiliates (collectively for purposes of this
paragraph, "ThotBox") arising from or relating
to this Agreement, its interpretation, or the
breach,
termination or validity thereof, the relationships
which result from this Agreement (including,
to the
full extent permitted by applicable law, relationships
with third parties who are not signatories to
this
Agreement), ThotBox's advertising, or any related
purchase SHALL BE RESOLVED
EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION
ADMINISTERED BY THE NATIONAL
ARBITRATION FORUM (NAF) under its Code of Procedure
then in effect (available via the Internet
at http://www.arb-forum.com , or via telephone
at 1-800-474-2371). The arbitration will be limited
solely to the dispute or controversy between
Customer and ThotBox. Any award of the arbitrator(s)
shall be final and binding on each of the parties,
and may be entered as a judgment in any court
of
competent jurisdiction. Information may be obtained
and claims may be filed with the NAF at P.O.
Box 50191, Minneapolis, MN 55405.
13. Applicable Law; Not For Resale or Export. Customer agrees to comply
with all applicable laws
and regulations of the various states and of
the United States. Customer agrees and represents
that it is buying for its own internal use only,
and not for resale or export. ThotBox has separate
terms and conditions governing resales and transactions
outside the United States.
14. Service and Support. ThotBox will
provide general technical support to Customer
in the United
States, in accordance with the then-current technical
support policies in effect. Service offerings
may vary from product to product. If Customer
purchased optional services and support, ThotBox
and/or a third-party service provider will provide
the optional service and support to Customer
in the
United States in accordance with the then-current
terms and conditions in the optional service
contract between ThotBox and/or the third-party
service provider and Customer (available via
the
Internet on ThotBox's Web site at http://www.thotboxbuy.com/servicesupport
or by contacting the
following numbers: ThotBox Customer Care at 1-866-846-8269;
or as mailed to Customer).
ThotBox and/or the third-party service provider
may, at their discretion, revise their general
and
optional service and support programs and the
terms and conditions that govern them. The optional
services and support programs and their terms
and conditions in place at the time or purchase
will
apply to Customer's purchase. ThotBox has no
obligation to provide service or support until
ThotBox has received full payment for the product
or service/support contract for which service
or
support is requested.
15. Headings. The section headings used herein are for convenience
of reference only and do not
form a part of these terms and conditions, and
no construction or inference shall be derived
there
from.
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