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Terms and Conditions of Sale
THIS
DOCUMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR (THE
"CUSTOMER'S") RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS
AND EXCLUSIONS THAT MAY APPLY TO YOU.
By accepting
delivery of the Supplies, Customer agrees to be bound by and
accepts these terms and conditions. These terms and
conditions shall apply unless Customer and Mason Computing
have signed a separate Agreement covering the purchase of
the Supplies in which case the separate agreement shall
govern.
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PURCHASE. Upon Mason Computing's acceptance of a Customer's
order, a firm contract for the purchase and sale of the
Supplies will be formed between Mason Computing and
Customer, and shall incorporate all the terms set forth
herein. These terms and conditions shall not be altered or
amended by the use of any document(s). Any attempt to
alter this document or to enter an order for Supplies
which are subject to additional and/or altered terms and
conditions will become null and void, unless otherwise
agreed to in a written agreement signed by both parties.
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LIMITATION OF LIABILITY. Notwithstanding anything to the
contrary, in no event will Mason Computing be liable for
any indirect, special, incidental, or consequential
damages, whether based on contract, tort, or any other
legal theory, including without limitation loss of data or
its use, loss of profits, loss of business, or other
economic damages, even if advised of the possibility of
such loss or damage.
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RETURNS. Mason Computing shall accept returns of Supplies if in
resalable condition and made within 30 days of original
receipt. For returns of special orders, Mason Computing
shall accept returns on a case-by-case basis. For
technology items, Mason Computing shall only accept
returns only based on the manufacturers' return policies.
For returns of special orders such as custom built
computers, all sales are final.
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WARRANTY.
All hardware installations will have a
warranty of 30 days parts and 90 days labor after
purchase. Mason Computing warrants that Mason Computing is the legal
and rightful owner of the Supplies or that it is legally
licensed and/or authorized to sell and/or distribute
Supplies being purchased hereunder. All Supplies delivered
hereunder will be free and clear of any and all
encumbrances of any kind.
For the sale
of individual parts, Customers acknowledge that Mason
Computing is not the manufacturer of any of the Supplies
purchased hereunder. Other than the warranties set forth
above, any warranty with respect to the Supplies must come
from the manufacturer. Mason Computing will pass through
to Customers any applicable warranties of the manufacturer
to the extent permissible. Notwithstanding anything to the
contrary, Mason Computing's liability is limited to the
replacement value of the Supplies. THIS WARRANTY
SUPERSEDES ALL INCONSISTENT PROVISIONS OF ANY AND ALL
PURCHASE ORDERS, INVOICES, ACKNOWLEDGMENTS, OR OTHER
WRITINGS OR STATEMENTS, WRITTEN OR OTHERWISE. MASON
COMPUTING DISCLAIMS ALL OTHER EXPRESS OR IMPLIED
WARRANTIES AND PRODUCT LIABILITY, SPECIFICALLY INCLUDING
THE IMPLIED WARRANTIES OF NONINFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
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PAYMENT. Payment is due and payable net 20 days from the date of
invoice. Late payments shall be assessed a late payment
charge at the rate of 1½% per month, but in no event to
exceed the maximum allowable by law.
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NOT FOR RESALE. Customer agrees and represents that it is
buying for its own internal use only, and not for resale.
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ESTIMATES, QUOTES AND BIDS.
All
estimates are contingent upon market prices
and are subject to change. Estimates and quotes may not
include other additional items (hardware or software) that
might be necessary to the successful installation of the
ordered items. Mason Computing reserves the right to
change or alter items of installation or sale in order to
meet the needs of the Customer.
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