Terms and Conditions of Sale
Terms and Conditions of Sale
Please take a moment to read through our terms thoroughly. Terms and Conditions may be updated periodically; please check for updates.
SCOPE: Terms and conditions contained herein shall apply to all quotations made and contracts of sale entered into between Seller and Buyer, irrespective of whether Buyer accepts these Terms & Conditions of Sales by a written acknowledgment, by implication, or by acceptance of goods ordered hereunder.
Any term or condition on any order or other document submitted by Buyer shall be of no force or effect whatsoever and Procuretech (Seller) specifically rejects any different or additional terms or conditions proposed by Buyer.
COPYRIGHTS AND TRADEMARKS: All materials appearing on procuretech.com are the exclusive and sole property of Procuretech, unless specified otherwise. All materials are protected by this copyright include, yet are not limited to, any and all text; any and all images including graphics, icons and logos; Use of the content on procuretech.com is limited to shopping on this site, placing orders on this site, or conducting other tasks directly related to, and for the sole purpose of, shopping on this site or placing an order on this site. Unauthorized use of any material appearing on procuretech.com may violate patent, copyright, trademark or other applicable laws which may result in criminal or civil penalties. Such unauthorized use includes, and is not limited to the copying, reproducing, republishing, modifying, uploading, transmitting, or distributing of any such materials without prior written consent of Procuretech.
The name Procuretech and the Procuretech logo are trademarks of Procuretech, Inc. as are all custom graphics, icons, and logos found on procuretech.com. All other trademarks and/or service marks are the property of their respective owners. The use of any Procuretech trademark is strictly prohibited.
TYPOGRAPHICAL ERRORS: Procuretech makes every attempt to be as accurate as possible with our pricing, as well as our typographical and photo depictions of products for sale. We are however, unable to guarantee that all product descriptions, specifications, pricing or any other content on procuretech.com is one hundred percent accurate, complete, or current. If any product is listed with an incorrect price as a result of a typographical, informational, technical or other error, Procuretech reserves the right, at our sole discretion, to either honor the displayed price or refuse/cancel any orders placed for that product at the incorrect price.
ACCEPTANCE OF ORDERS: A submission of order and any confirmation of such order, automated or otherwise, does not constitute the acceptance of the order by Procuretech. Irrespective of the status of any order or whether any confirmation of said order has been issued, Procuretech retains the right to cancel any order we deem necessary, at our complete and sole discretion. Additionally, Procuretech reserves the right to require additional information from the Buyer prior to accepting and processing any order.
ELIGIBLE BUYER: By purchasing under these Terms & Conditions of Sale, Buyer represents and warrants that Buyer is aware of and meets all of the of the criteria established by Seller to be an eligible Buyer. An eligible buyer is any person authorized to purchase on behalf, and is purchasing on behalf, of any company with five or more employees, any duly authorized government agency or any educational institution, any of which operate within the fifty United States.
PRICE: Prices quoted in written proposals, are effective for a period of thirty (30) days. All prices are stated F.O.B. shipping point(s) s order shall be accepted by Seller subject to final=designated by seller. Buyer credit approval by Seller.
TAXES: All applicable sales and/or use taxes, duties and other imposts, if any, due on account of purchases hereunder shall be paid by Buyer. Proof of tax exempt status must be on file at the Seller’s headquarter location for any order to be treated as a tax exempt transaction.
TITLE: Title to the product(s) or any part thereof shall pass from Seller as soon as all payments due herein have been fully received by Seller from Buyer. If default is made in any of the payments therein, Buyer agrees that Seller may retain all payments which have been made on account of the purchase price up to 50% of the purchase price and liquidated damages and Seller shall be entitled to the immediate possession of the product(s) and shall be free to have shipped or enter the premises where the product(s) may be located and remove such product(s) as Seller’s property, without prejudice to Seller’s right to recover any further expenses or damage Seller may suffer by reason of such non-payment. Buyer agrees to extend such further assurances as are reasonably required to protect the interest of Seller, including but not limited to execution of a security agreement and UCC-1 filing statement for the product(s).
CANCELLATION OF ORDER: Orders accepted by Seller are subject to cancellation by Buyer with written consent of Seller and upon payment of reasonable cancellation charges by Buyer. Seller shall have the right to cancel any order placed or to refuse or to delay the shipment thereof for failure of Buyer to meet prompt payment due Seller or any other reasonable requirements established by the Seller or for any acts or omission of Buyer that delay Seller’s performance. In the event of bankruptcy or insolvency of Buyer, or in the event any proceeding is brought by or against Buyer, voluntarily or involuntarily, under any provision of the Bankruptcy Act or other insolvency law, Seller shall be entitled to cancel any order then outstanding at any time during the period allowed for filing claims against the estate and shall receive reimbursement for its reasonable and proper cancellation charges.
RETURN OF MERCHANDISE/RESTOCK FEE: Buyer must contact the Customer Service Manager for an RMA (Return Material Authorization) number. Please have ready the original invoice number, item number, quantity and reason for return. Product returns may be authorized only during the thirty (30) days following the product(s) ship date. All returns must be received back at Procuretech within ten (10) days of RMA issuance, or the RMA will become void. All product returns require the Seller issued RMA number to be prominently marked on the outside of each returning package. The Buyer is responsible for all freight charges on returned items. Outbound and return freight charges for all returns are non-refundable for any reason.
After fifteen days from the date of purchase all items requiring repair, service or support must be sent directly the manufacturer of the product, or their authorized service provide.
ALL CPU PURCHASES ARE FOR FINAL SALE. THERE ARE NO RETURNS OFFERED ON CPU’S. WARRANTY MUST BE HANDLED DIRECTLY WITH THE MANUFACTURER.
DO NOT MARK DIRECTLY ON ANY PRODUCT BOX. PLEASE ATTACH AND MARK ON A LABEL. DO NOT REMOVE THE UPC CODE, SERIAL NUMBER AND/OR ANY BAR CODE FOR ANY REASON. IF ANY OF THESE CONDITIONS EXIST, ANY RMA ISSUED WILL BE VOID.
RETURNS MUST BE SHIPPED TO:
Procuretech
2604B El Camino Real #185
Carlsbad, Ca. 92008
RMA # ____________
Authorized returns of unused product(s) must be returned in original shipping carton and packaging material with all original cables, manuals, instructions and warranty instruction intact. Returns will be subject to a restock fee to the greater of $50 or 20% of the product(s) original selling price. Authorized returns of used product(s) will be subject to a restock fee of the greater of $50 or 40% of the product(s) original selling price.
No unauthorized returns will be accepted.
Please allow two weeks for processing of refunds.
PAYMENT: All orders shall be prepaid by Buyer, unless credit is first extended by Seller. If credit is extended by Seller, Buyer shall be invoiced upon shipment of product and Buyer shall pay each invoice on later than thirty (30) days from the date of invoice. Upon Seller’s request, Buyer shall provide financial statements to the Seller. Seller reserves the right to change credit terms at any time, for any reason, without prior written notice. Time of payment is of the essence. All payments shall be made in U.S. funds.
DEFAULTS: In the event of any default by Buyer, Seller may decline to make further shipments without in any way affecting its rights under this order. The due date of all Procuretech invoices shall be accelerated so that they become due and payable immediately, even if longer terms had been provided previously. In the event of a default on payment, and collections or litigation is required to obtain payment in full on account, the Buyer will be responsible for any and all fees associated with the collection and/or litigation process. The buyer shall also be liable for all attorney and legal fees associated with any required proceedings required to obtain payment in full on account.
SOFTWARE RIGHTS: Buyer acknowledges that products often contain not only hardware but also software. Software may be provided on separate media, such as floppy diskettes or CD-ROM or may be included within the hardware. Such software is proprietary, is copyrighted, and may also contain valuable trade secrets and be protected by patents. Buyer, as an end user, is licensed to use any software contained in such product(s), subject to the terms of the license accompanying the product(s), if any, and the applicable patent, trademark, copyright, and other intellectual property, federal and state laws of the United States.
RESALE: Product(s) may not be purchased for resale unless prior written consent is obtained by Buyer from Seller.
NO EXPORT: Product(s) may not be purchased for export, either directly or indirectly.
LIMITED WARRANTY: The warranty for product(s) purchased from Procuretech shall be those of the manufacturer as indicated in the manufacturer’s limited warranty as accompanies each manufacturer’s product(s).
ASSIGNMENT: Buyer shall not assign this order, or any interest therein, or any rights hereunder without the prior written consent of Seller.
GOVERNING LAW: The validity, construction, and performance of these Terms & Conditions of Sale shall be governed by and construed in accordance with the laws of the State of California. In the event that any provision of these Terms & Conditions of Sale is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of these Terms & Conditions of Sale shall remain in full force and effect and construed so as to best effectuate the intention of the parties. Any dispute, resolution, or proceeding with respect to these Terms & Conditions of Sale shall take place solely in the County of San Diego, State of California. Buyer expressly agrees that venue within this district is proper and voluntarily submits to the jurisdiction of the courts within same.
Procuretech makes no other warranty to the Buyer, either express or implied, with respect to any product(s) purchased hereunder. Procuretech specifically disclaims the implied warranties of merchantability and fitness for a particular purpose.
LIMITATION OF LIABILITY: In no event shall Procuretech be liable for direct, incidental, consequential, indirect or special damages including, without limitation, lost business profits or revenue.
LIMITATION OF REMEDIES: The remedies set forth in the Terms & Conditions of Sale shall be Buyer’s sole and exclusive remedies for any breach of this agreement by Seller.
PRIVACY POLICY: Procuretech shall not transfer customer information to any other entity in any manner, form or fashion for any reason.
SECURE SERVERS: All Procuretech servers use Secure Socket Layer (SSL) software to encrypt information input so that it cannot be read as it is transmitted to our system. Our site utilizes state of the art security systems to eliminate the potential for compromising your personal data.
ENTIRE AGREEMENT: These Terms & Conditions of Sale contain all the agreements, warranties, understandings, conditions, covenants, and representations made between Buyer and Seller. Neither Buyer nor Seller shall be liable for any agreements, warranties, understandings, conditions, covenants, or representations that are not expressly set forth in these Terms & Conditions of Sale.
