This acknowledgment constitutes an acceptance by the Buyer and Discount CompuMemory, hereafter referred to as "Seller". The Seller shall also apply to any and all principals of Seller. Buyer shall apply to the original purchaser of the goods listed on all invoices. Buyer agrees to be bound by, and accept, this agreement as applicable to the purchase of product(s) or service(s) from Seller. All the terms and conditions are contained herein. All terms and conditions of this sale including, but not limited to, the limitations of liability also apply to any other individual, company, organization or group that may at any point posses or use the items listed on the original invoice. If Buyer does not agree to these “Terms and Conditions of Sale”, Buyer can cancel this contract by returning all the products (in the original unopened anti-static packaging) to Discount CompuMemory, P.O. Box 3368, Laguna Hills, CA, 92654, USA, within 5 business days from the original date of receipt of goods. Opening the sealed, anti-static packaging acknowledges acceptance of this contract.
1. Governing Law - This agreement and any sales thereunder shall be governed by the laws of the state of California, without regard to conflicts of laws rules.
2. Sales of Goods - All billings for goods shall be at the purchase price indicated on the invoice, unless otherwise indicated. Seller reserves the right to demand final payment for the entire purchase price for all the goods contained on the invoice, within 30 days from the date of shipment of the goods. Seller accepts credit card “not present” transactions at Sellers sole discretion and may require the cardholder to provide documentation to support cardholder participation prior to order shipment. In the event of late payment, Buyer shall bear a late charge of 4% of the full purchase price per month or the maximum allowed by law. In addition, Buyer shall be liable for all reasonable costs and expenses incurred by Seller in collection of sums owed to Seller.
3. Delivery of Title and Risk of Costs - Seller shall in no event be liable for any direct, indirect, special, consequential or any other damages caused to Buyer due to a delay in, failure of, errors in, or damage during the shipments or functioning of these goods. Unless otherwise agreed to in writing, delivery shall be complete upon the transfer of possession to a common carrier, F.O.B. Sellers warehouse, wherein all risk of loss or damage or destruction shall pass to the Buyer. Unless otherwise agreed to in writing, title shall remain with Seller until all payments hereunder have been made.
4. Limits of Liability - In no event or circumstance shall Seller in any way be liable for any loss, risk of loss, or damage, either direct or indirect, or for any direct or indirect or consequential damages arising from the use or merchantability of any product contained on the invoice. Seller shall not be responsible for loss of income, potential income, data, or information or damage to any item as a result of the use, misuse or failure of any items listed or described on the invoice. Seller shall not be responsible in any way for any loss or damage relating to the transfer of credit card or other information to and from the Buyer and Seller.
5. Order Placement - All orders placed after 12:00PM PST will be treated as the next business day orders. All orders that are placed between 12:00PM PST on Friday and 12:00PM PST on the following Monday will be treated as Monday orders.
6. Product Availability - All orders will be shipped and processed according to the availability of the item(s) ordered.
7. Shipping
- Addresses provided - In order to process orders as smoothly as possible, it is strongly recommend Buyer use the same address for both shipping and billing address.
- P.O. Boxes - Please note that FedEx does not ship to P.O. Boxes.
- Signature requirement - Seller requires an adult signature on any package over $200 value.
- Shipping charges - Separate charges for shipping, handling and packaging materials, if any, will be shown on all invoices.
8. Sales Taxes - Unless the Buyer provides a valid and correct tax exemption certificate applicable to the product ship-to location prior to the Seller’s acceptance of the order, the Buyer is responsible for sales and all other taxes associated with the order. The purchase price is exclusive of any California or other applicable state or federal or international taxes or duties or fees. Any fees, taxes, or duties applicable for any reason are the sole responsibility and shall be paid by the Buyer.
9. Warranty - All products have been thoroughly tested to be free of defects in material and workmanship. If any product should malfunction while used in its recommended environment during the applicable warranty period, Seller, at its option, will repair or replace the product at no charge, provided the product or any part thereof has not been abused, misused, neglected, replaced, repaired, or modified. Seller shall make the final determination as to the existence and cause of any defect. Unless otherwise agreed upon in writing, the Seller warrants the goods sold herein shall be free from defects in materials and workmanship for the period as noted in the description of each item. If no warranty period is specified in the description of an item, the warranty for that item is no longer than one year from date of purchase. In the event that a product becomes reasonably unavailable or its replacement cost is more than 50 percent greater than its original selling price, Seller reserves the right to void this warranty. Brand name products may be covered separately by the manufacturer. Seller reserves the right to direct warranty service to the original manufacturer.
10. Suitability of Use - Buyer acknowledges and agrees that neither Seller or any agent or representative of Seller has made any warranty, promise or guarantee regarding the product or its suitability for any particular use except as expressly set forth herein.
11. Technical Support - Seller’s warranty shall not be enlarged, diminished, or affected by, and no obligation or liability shall arise or grow out of Seller rendering technical advice or service in connection with any product furnished thereunder. Seller makes no representation or warranty whatsoever to Buyer with respect to the performance, appropriate use, safety or characteristics of the products, except as expressly provided herein. THE FOREGOING EXPRESS WRITTEN WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ANY OTHER WARRANTIES OR REMEDIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
12. RMA Policy - For any and all defective product claims, Buyer must provide original sales invoices and packaged in original static protection bags. Any claims for shortages must be reported to Seller within 3 days of receipt of goods, or the minimum number of days allowed by law, whichever is greater. Seller reserves the right to charge Buyer a minimum of 15% restocking fee on all returned or exchanged products. Defective products will only be exchanged for like items. Non defective items will only be exchanged for a maximum of 30 days from the date of original shipment to Buyer. After 30 days from date of purchase, Seller reserves the right to honor product warranty by repair or replacement or referral to the Manufacturer. Seller reserves the right to refuse or return to Buyer any non-defective items. All return shipping costs for defective or non-defective items are solely the responsibility of the Buyer. Items that are special, unique or that were custom configured may not be exchanged or refunded. Value for all refunds and exchanges will not exceed the current selling price for a like item. All shipping charges are non-refundable in any circumstance, unless it is specifically stated on the product page of the web site.
13. Entire Agreement - This acknowledgment contains all the terms and conditions with respect to the purchase of goods sold hereunder and there are no other representations, warranties, express or implied, affecting this instrument not expressly set forth herein. In no event shall Seller be liable for any special, indirect, direct, or consequential damages arising out of the acknowledgment with Buyer.
Other Terms & Conditions
Discount CompuMemory Reserves the Right to Refuse Sales to Direct Competitors
Discount CompuMemory is not responsible for typographical or pricing errors on this website.
(DISCOUNT COMPUMEMORY RESERVERS THE RIGHT TO LIMIT QUANTITIES PER CUSTOMER ON SELECTED ITEMS.)
(DISCOUNT COMPUMEMORY MAY REQUIRE ADDITIONAL SUPPORT AND VERIFICATION OF CARDHOLDER PARTICIPATION AND AUTHORIZATION OF CHARGES BEFORE SHIPMENT)