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PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE
AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS
THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE
AGREEMENT WITH MSO COMPUTER CENTERS, INC. ("MSO"), IN
WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About
This Legal Contract
This Sale Agreement is a legal contract between the
Customer and MSO. The Customer accepts this Sale
Agreement by making a purchase, placing an order, or
otherwise shopping on the Site. (References to "you" or
"your" shall relate to the Customer; references to "MSO"
shall relate to Medical Service Options, Inc. and its
affiliates) The terms and conditions of this Sale
Agreement are subject to change without prior notice,
except that the terms and conditions posted on the Site
at the time the Customer initially places or modifies an
order will govern the order in question.
This Sale Agreement constitutes the entire agreement
between the Customer and MSO relating to the purchase or
sale of goods or services on the Site. The Sale
Agreement may only be modified or terminated with regard
to goods or services that have been purchased or sold on
the Site in a writing signed by MSO. Electronic records
(including signatures), that are otherwise valid, shall
be accepted under the Sale Agreement. The Customer
consents to receiving electronic records, which may be
provided via a web browser or e-mail application
connected to the Internet; consumers may withdraw
consent to receiving electronic records or have the
record provided in non-electronic form by contacting MSO
at the address provided below.
In the event of any conflict between the terms and
conditions stated on your purchase order and this Sale
Agreement or any terms and conditions on our invoice,
you agree that the provisions of this Sale Agreement and
our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE
GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT
REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS
TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS
LOCATED IN COOK COUNTY, NEW JERSEY FOR PURPOSES OF ANY
SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE
AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased passes to the
purchaser upon delivery of the goods to the purchaser,
unless otherwise specified. Loss or damage that occurs
during shipping by a carrier selected by MSO is MSO'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).
Export Sales
If this transaction involves an export under the
Export Administration Regulations, the commodities,
technology and/or software sold or licensed under this
Sale Agreement exported from the United States by MSO
were exported in accordance with the Export
Administration Regulations. Diversion, use, export or
re-export contrary to United States law is prohibited.
The commodities, technology and/or software sold or
licensed under this Sale Agreement may not be exported
or re-exported to Angola, Cuba, Iran, Iraq, Libya,
Sudan, North Korea or Syria or to entities and persons
that are ineligible under U.S. law to receive United
States commodities, technology and/or software. In
addition, manufacturers' warranties for exported goods
may vary or even be null and void for goods exported
outside the United States.
General Legal Disclaimer
MSO HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER
EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. THIS DISCLAIMER BY MSO IN NO WAY AFFECTS THE
TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from
an Internet access provider. Contact your local access
provider for rates, terms and conditions.
Third-Party Product and Y2K
Disclaimer
All products sold by MSO are third party products and
are subject to the warranties and representations of the
applicable manufacturers, including but not limited to
Y2K compliance. Accordingly, MSO makes no representation
or warranty with respect to the Y2K compliance of
products sold.
Pricing and Information
Disclaimer
All pricing subject to change. For all prices,
products and offers, MSO reserves the right to make
adjustments due to changing market conditions, product
discontinuation, manufacturer price changes, errors in
advertisements and other extenuating circumstances. High
volume bids are welcome!
While MSO uses reasonable efforts to include accurate
and up-to-date information on the Site, MSO makes no
warranties or representations as to the Site's accuracy.
MSO assumes no liability or responsibility for any
errors or omissions in the content on the Site.
Limitation of Liability
MSO 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. MSO will not be liable for
products or services not being available for use or for
lost or corrupted data or software. Customer agrees that
for any liability related to the purchase of products or
services, MSO is not liable or responsible for any
amount of damages above the aggregate dollar amount paid
by customer for the purchase(s) under this agreement.
Professional Services /
Learning Solutions
Customized professional service and training
contracts may be subject to tax.
The services covered by this transaction are being
sold, and any associated taxes, are being collected on
behalf of MSO Technology Services, Inc. solely in the
capacity as an independent sales agent. The Service
Provider is solely responsible for all services covered
by this transaction.
By ordering the services requested from MSO, the
Customers acknowledges and agrees:
MSO, Inc., and their
affiliates are resellers of contracts for professional
services, customized professional services and training
and are not the providers of said services. The Service
Provider is the only obligor responsible for providing
services to the Customer. The Customer will look solely
to the Service Provider for any loss, claims or damages
arising from the purchase of such services, hereby
releasing MSO, Inc., and their
affiliates from any and all claims the Customer may have
arising from the provision of any such services. MSO is
merely acting to assist the Customer in obtaining the
services desired by it and provided by the Service
Provider.
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) arising from or
relating to this Sale Agreement, its interpretation, or
the breach, termination or validity thereof, the
relationships which result from this Sale Agreement
(including, to the full extent permitted by applicable
law, relationships with third parties who are not
signatories to this Sale Agreement), MSO's advertising,
or any related purchase SHALL BE RESOLVED EXCLUSIVELY
AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE
NATIONAL ARBITRATION FORUM (NAF) under the Code of
Procedure of ARBITRATION-FORUM.COM (the "Code") in
effect at the time the claim is filed. The Code is
available at http://www.arbitration-forum.com or can be
obtained by calling 1-800-753-9448. Notwithstanding any
choice of law provision included in this Sale Agreement,
this arbitration agreement is subject to the Federal
Arbitration Act (9 U.S.C. §§ 1-16) and the New York
Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction
where enforcement of the award is sought). Hearings
shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in
Chicago, New Jersey. Any court having jurisdiction may
enter judgment on the award rendered by the arbitrator(s).
Each party shall bear its own cost of any legal
representation, discovery, or research required to
complete arbitration.
Orders; Payment Terms;
Interest; Taxes
Orders are not binding upon MSO until accepted by
MSO. Terms of payment are within MSO's sole discretion.
Invoices are due and payable within the time period
noted on the invoice, measured from the date of the
invoice. MSO may invoice parts of an order separately.
Customer agrees to pay interest on all past-due sums at
the highest rate allowed by law. The Customer is
responsible for sales and all other taxes associated
with the order.
Freight Policy
All orders 5 pounds or less and totaling less than
$200 will be shipped via ground transportation within
the 48 continental states for a total shipping, handling
and insurance charge of $6.49. Shipping and handling
charges on all other orders vary; contact your MSO
account manager for our most current and competitive
rates, options and shipping specials. For the Customer's
protection, we ship only to an address that can be
verified according to our standards. In some
circumstances, international shipping may be available.
Call for details.
Return Policy
• MSO offers a 30-day return policy on selected items
based on manufacturer return policies. For further
information not listed, please contact your MSO account
manager.
• Please contact us Monday through Friday at
201-670-9999 or e-mail our Customer Relations Department
at customer_relations@MSObiz.com to obtain a Return
Merchandise Authorization (RMA) number before shipping
your product back to MSO. Returns may not be accepted
without a valid RMA number. For faster service, please
have the following information on hand when calling for
an RMA number: customer name, invoice number, serial
number and the reason for the return.
• All products returned MUST: be 100 percent complete
and contain ALL original manufacturer boxes with the
original UPC code and packing materials, all manuals,
blank warranty cards, accessories and any other
documentation included with the original shipment.
• Shipping charges on returned items are the
customer's responsibility; MSO will match the shipping
method and pay for shipping on replacement or exchange
item(s).
• For your protection, we strongly recommend you
fully insure your return shipment in case of loss or
damage . Please use a carrier that is able to provide
you with proof of delivery.
• If you receive damaged merchandise, it is best to
REFUSE it back to the carrier attempting delivery. If
you accept the package make sure it is noted on the
carrier's delivery record in order for MSO to file a
damage claim. Save the merchandise AND the original box
and packing it arrived in, notify MSO immediately to
arrange for a carrier inspection and a pick up of
damaged merchandise. If you do not notify MSO of damaged
goods within the first 15 days of arrival, our regular
return policy will override any claim of damage, and
will fall under all current manufacturer restrictions.
Contact Customer Relations at 866.465.6555 or your MSO
account manager to arrange for carrier inspection and a
pick up of damaged merchandise.
• DEFECTIVE returns can be returned directly to MSO
within 30 days from the invoice date, at MSO's
discretion for: credit, replacement, exchange or repair.
• Manufacturer restrictions do apply and are outlined
in our detailed policy. Any item that is missing the UPC
code will ONLY be replaced with the same item. After 30
days, all manufacturers' warranties apply.
• NON-DEFECTIVE returns can be accepted directly by
MSO within 30 days from the invoice date, at MSO's
discretion for: credit, exchange. All NON-DEFECTIVE
returns are subject to a 15 percent restocking fee.
• Due to manufacturers' policies, products from the
following brands are accepted for repair only: Apple,
Compaq, IBM, and Hewlett-Packard. MSO may not accept
returns for exchange, replacement or credit. If you
receive a unit that is inoperable FOR ANY REASON, you
may contact us for information on warranty service
through MSO, the manufacturer direct or any authorized
service center in your area.
• Due to manufacturer's policies, all Sun
Microsystems products are non-returnable; MSO cannot
make any exceptions to allow returns on these items, for
any reason. Customers must contact Sun Microsystems
directly for service.
• Additional manufacturers may be added to this list
as: manufacturer policies change, manufacturers go out
of business or in the case of specially ordered items.
Click here for MSO mailing addresses and phone
numbers.
MSO reserves the right to authorize product returns
beyond 30 days from the invoice date. IF the product is
accepted after 30 days, credit will be issued toward
FUTURE PURCHASES ONLY. Original shipping charges are not
refunded on returned items.
Software and DVD Movie Return
Policy
Only defective software and DVD movies can be
returned to MSO. The return must take place within 30
days of invoice date and may only be replaced for the
SAME software or DVD movie title. Unopened software may
be returned for refund or exchange within 30 days of
invoice date. Multiple software licenses cannot be
returned for refund or exchange unless first authorized
by the manufacturer.
NOTE: Multiple software licenses cannot be returned
for refund or exchange unless first authorized by the
manufacturer. Multiple licenses may not be returned
beyond 30 days for any reason.
Check payment policy
MSO will accept a cashiers check or money order on
all COD orders. MSO will accept personal and
business checks for prepay orders, but allow 10 business
days for clearing.
Credit Cards
Credit card charges are not submitted until time of
shipment. MSO does not apply any surcharge for credit
cards.
Contacting MSO
Click here to get MSO contact information.
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