1. INVOICE. This invoice is binding upon and insures to the benefit of the purchaser and seller and their successors. The purchaser cannot assign any rights under this invoice.
2. TITLE OF GOODS. Title to all goods, products, merchandise and items (“goods”) specified on this invoice is retained by seller until all goods are fully paid for by the purchaser and all obligations of the purchaser have been fulfilled.
3. WARRANTY RETURNS. As a precondition to the return of any goods specified on this invoice, the purchaser must first obtain a Return Merchandise Authorization (“RMA”) number from the seller. In addition, all returns must be shipped to the seller with both full insurance and all freight charges prepaid by the purchaser. The RMA number must be clearly marked on the return shipping label of each box that contains returned goods, not elsewhere on the box. The seller will not accept any return that does not meet the above requirements. Goods returned in abused or altered condition will not be accepted by the seller.
4. RETURNS FOR CREDIT/REFUND. All products requested and authorized as return for credit/refund must be received by the seller within 14 days from the original purchase invoice date and are subject to a 20% restocking fee. After 14 days, no credit/refund return will be accepted by the seller. Special order and custom-made goods are not returnable. In addition to purchaser’s meeting of all the requirements for WARRANTY RETURNS stated above, all return goods must be unused and returned in their original boxes and packing material, including all accessories.
5. WARRANTY. Products warranties are provided by the manufacturer. Unless otherwise stated, all products are under one year manufacturer warranty from the seller’s invoice date with the following exceptions: (A) 30-day warranty on computer chassis (case); (B) 20-day performance warranty on CPU chip, but the warranty does not cover damage to a CPU chip (e.g. cracks, burns, breaks, bent pins, etc.); (C) 30-day DOA warranty on monitors; (D) bent CPU pins on motherboards. Please note that replaced or repaired goods continue warranty on the remaining warranty period. The warranty does not extend beyond the original buyer of products from the seller. The purchaser may obtain detailed product manufacturer warranty information through the seller. The seller’s only warranty obligation is to, at the seller’s sole discretion, repair, or replace, or issue a refund, in whole or in part, for any goods deemed defective by the seller during the applicable warranty period. The seller makes no warranty of merchant-ability of the goods or of the fitness of the goods for any particular purpose.
6. LIMITATION OF LIABILITY. Seller’s liability to Buyer on any claim of any kind, whether as a result of breach of contract, warranty, indemnity, tort(including negligence), strict liability or otherwise, for any loss or damage arising out of, connected with, or resulting from the transaction, or from Seller’s performance or breach thereof, or from the design, manufacture, sale, resale, installation, repair, operation or use of any products furnished herein, shall in no event exceed the price paid by Buyer for the products which give rise to the claim, and shall be the complete and exclusive remedy against the Seller. Any such liability shall terminate upon the expiration of the applicable warranty period. The purchaser assumes all risk, liability, damage and loss in connection with the use of all goods and resale thereof, if any. The seller shall in no event be liable or responsible for any injury, loss, damage, liability,debt, cost, expense, charge or fee of whatever nature, incurred or suffered by the purchaser, or any successor or customer of the purchaser, whether direct or indirect, incidental or consequential, or in any other manner, in connection with the purchase, use or any resale of the goods.
7. CLAIMS/FREIGHT DAMAGE OR DISCREPANCIES. If shipment appears to be damaged or has any discrepancy, the purchaser should note it on the delivery receipt and have the carrier acknowledge it. Refuse only the damaged cartons and contact the seller within 48 hours. The seller will file claim with the carrier since the carrier is liable for damage caused during shipping. During that time, the seller will send replacement of the damaged goods to the purchaser. However, if shipping transportation is arranged by the purchaser, then claims for damage or loss in transit must be made by the purchaser directly to the carrier, as the carrier is responsible for such damage or loss, not the seller.
8. CLAIMS/FREIGHT DAMAGE OR DISCREPANCIES. If shipment appears to be damaged or has any discrepancy, the purchaser should note it on the delivery receipt and have the carrier acknowledge it. Refuse only the damaged cartons and contact the seller within 48 hours. The seller will file claim with the carrier since the carrier is liable for damage caused during shipping. During that time, the seller will send replacement of the damaged goods to the purchaser. However, if shipping transportation is arranged by the purchaser, then claims for damage or loss in transit must be made by the purchaser directly to the carrier, as the carrier is responsible for such damage or loss, not the seller.
9. REFUSED ORDERS. The purchaser will be responsible for a 20% return processing charge for refused orders in addition to all freight charges. No future orders will be shipped until this charge is paid.
10. RETURNED CHECKS/PAST DUE ACCOUNTS. If any check, negotiable instrument, or credit line of the purchaser is returned or rejected for any reason, a $15 service charge will be imposed by the seller for each such event. An account will be deemed past due if full payment is not received by the seller in accordance with the terms specified in this invoice. Past due accounts are automatically placed on C.O.D. cash/cashier’s check and all shipments are withheld until the account is brought current. An interest charge of 1.5% per month (18% per year) will be imposed by the seller as to all sums not paid when due. In the event of legal action by the seller to collect any sum due on account or enforce any term or condition of this invoice,purchaser agrees to pay all of the seller’s expenses of collection, including court costs and reasonable attorney’s fees
11. CHOICE OF LAW, FORUM SELECTION & VENUE. The transaction set forth in this invoice has been entered into in the State of Illinois. The laws and judicial decisions of the State of Illinois shall govern all matters as to the interpretation, performance, and enforcement of this invoice. In the event of any litigation between purchaser and seller in connection with this invoice or any goods specified herein, jurisdiction shall be exclusively in the courts of the State of Wisconsin, State and Federal, and Venue shall be exclusively in the Judicial Circuit Court of Milwaukee County, Wisconsin or in the United States District Court for the District of Wisconsin.
12. NO REPRESENTATIONS. The purchaser acknowledges that neither the seller, nor anyone acting on the seller’s behalf, has made any representation or statement of fact or opinion to induce the purchaser of any goods specified in this invoice.
13. ENTIRE AGREEMENT. This invoice is intended to be the entire agreement between the purchaser and seller. This invoice supersedes all prior and contemporaneous communications, negotiations, representations, and agreements of the purchaser and seller whether oral or written, with respect to the goods specified in this invoice as well as the terms and conditions hereof. This invoice may not be modified except in writing and signed by duly authorized representatives for both the purchaser and the seller.