February 1, 2009
PLEASE READ THIS DOCUMENT CAREFULLY!
IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS.
These terms and conditions ("Agreement") apply to your purchase of computer products ("Product") sold in the United States by the Ambry entity named on the invoice. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify Ambry immediately and return your purchase pursuant to Ambry's Return Policy. If returned, Product(s) must remain in the boxes in which they were shipped.
THIS AGREEMENT SHALL APPLY UNLESS YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH AMBRY, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.
1. Payment Terms, Orders, Quotes, Interest
Payment terms are within Ambry's sole discretion, and, unless otherwise agreed to by Ambry, payment must be made at the time of purchase. Payment for Product may be made by credit card, wire transfer, or some other prearranged payment method. We accept purchase orders from federal, state, city agencies and pre approved corporations. Ambry may invoice parts of an order separately. Your order is subject to cancellation by Ambry, at Ambry's sole discretion. Unless you and Ambry have agreed to a different discount, Ambry's standard pricing policy is in effect. Ambry is not responsible for pricing, typographical, or other errors, in any offer by Ambry and reserves the right to cancel any orders resulting from such errors.
2. Shipping Charges, Taxes, Title, Risk of Loss
Shipping and handling are additional unless otherwise expressly indicated at the time of sale in writing. Loss or damage that occurs during shipping by a carrier selected by Ambry is Ambry's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify Ambry within 10 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide Ambry with a valid and correct tax exemption certificate applicable to your purchase of Product and the Texas Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates and charges are estimates only.
If Customer receives damaged Product, please refuse the shipment upon original delivery attempt. If damaged products are accepted from the carrier, the problem should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify Ambry immediately. Timely receipt of this information is necessary for Ambry to arrange a carrier inspection and pick up of damaged Product.
3. Return Policies, Exchanges
Product that you purchase directly from Ambry may be returned or exchanged only in accordance with Ambry's return policy in effect on the date of the invoice or acknowledgement. You must contact us directly before you attempt to return Product to obtain a Return Authorization Number for you to include with your return. Failure to obtain a return authorization number before you return the product will result in a 20% or $20.00 (whichever is greater) restock fee for an unauthorized return. You must return Product to us in their original or equivalent packaging. You are responsible for risk of loss, as well as shipping and handling fees for returning or exchanging Product. Additional fees may apply.
If you fail to follow the return or exchange instructions and policies provided by Ambry, Ambry is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal or resale. If you are returning all components in an order within 14 days (order total must be less than $50), you will be credited the full amount paid (excluding software if opened
) for each item. Orders that total in excess of $50 are subject to a 20% restocking fee. The customer is responsible for the original shipping charges and the return shipping charges to Ambry's warehouse in Dallas, Texas. Any product you wish to return for any other reason must be reported within 14 days from the date of purchase to get a refund. No items for return will be accepted later than 10 days after a Return Authorization Number has been issued.
If returning product after 14 days and up to 21 days from the purchase date for a non-defective return, the customer is responsible for the original shipping charges and the return shipping charges to Ambry's warehouse in Dallas, Texas. In addition, a restocking fee of 20% or $20.00 (whichever is greater) will apply. We will only accept non-defective product for a period of 21 days from the invoice date. You must contact us directly before you attempt to return Product to obtain a Return Authorization Number for you to include with your return. No items will be accepted and/or processed without a Return Authorization Number.
If returning product on any order over $50.00, all items returned on the order are subject to a 20% restocking fee.
If a part is proven to be defective within 90 days of purchase, a replacement will be sent in exchange at no charge. Also, we will have UPS e-mail you a return shipping label for the return of the defective part at no additional charge. All products will be tested by Ambry and if the part is functioning within the manufacturer's specifications, the returned item will NOT be deemed defective. If the part is not deemed defective by Ambry, all original charges, including shipping will be recharged to the customer. An email notice will be sent in this circumstance.
NO REFUNDS FOR PRODUCT AFTER 21 DAYS FROM INVOICE DATE. SAME PRODUCT EXCHANGE ONLY.
4. Product Information
Parts may be new, equivalent-to-new, or reconditioned. Ambry sells all Product as refurbished. Ambry will ship Product that have the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. The product descriptions and images may not represent the actual item.
All products come with a 90-day product replacement limited warranty.
This limited warranty does not cover:
• Product with missing or altered serial numbers
• Opened software
• Product for which Ambry has not received payment
• External causes such as accident, abuse, or electrical power problems
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. AMBRY'S RESPONSIBILITY FOR DEFECTS IN HARDWARE IS LIMITED TO REPLACEMENT OF PRODUCT AS SET FORTH IN THIS STATEMENT.
In addition, a manufacturer's warranty, which could be longer than 90 days, may be available and may have differing limitations.
6. Email Communication
By submitting any form with your email address provided, you agree to receive email from Ambry.
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN DALLAS COUNTY, TEXAS AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN DALLAS COUNTY, TEXAS AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.