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Terms and Conditions
DELIVERY: Hutch Computers will make every reasonable effort to effect shipment on or before the estimated date as agreed upon between Hutch Computers and Purchaser. Hutch Computers is not liable for delays caused by government order, strikes, lockouts, floods, fires, explosions, earthquakes, or other causes beyond it's reasonable control. SHIPMENT: All shipments shall be F.O.B. warehouse. Any payment by Hutch Computers of freight charges shall be for the Purchaser's account and shall not extend the obligations of Hutch Computers with respect to delivery, nor shall Hutch Computers be under any obligation to replace goods lost or damaged in transit. Unless delivered, shipment shall be by United Parcel Service (U.P.S.) regular ground rate. LIMITATION: Hutch Computers shall not be liable for damages or penalties as a result of late or lost shipments, even if Hutch Computers has been notified that such damages or penalties may apply. PAYMENT: All goods are payable C.O.D. immediately upon receipt, unless otherwise arranged in writing. A late charge will apply each month on accounts past due more than 30 days, at the rate of 10% of the balance due. A $25.00 per check handling fee will be charged on any checks returned to Hutch Computers by the Purchaser's bankers. The Purchaser's failure to pay in full any outstanding invoice within 30 days will automatically void all obligations or agreements of Hutch Computers regarding repair or replacement of all products sold to the Purchaser pursuant to such invoice or otherwise. All prices are based upon a 3% cash discount. For credit card payments and net 30 accounts, add 3% to the total price. All prices are subject to change without notice. Prices will remain effective for five days after a quote is given to Purchaser. After five days new prices may apply. OWNERSHIP OF MERCHANDISE: The Purchaser acknowledges that ownership of all goods specified in the invoice remains with Hutch Computers until Hutch Computers has received full payment for all goods specified in the invoice. This retention of ownership is acknowledged and accepted by the Purchaser and supercedes any implied transfer of ownership made by delivery of the goods specified in the invoice. DISCREPANCIES: Any discrepancies between the invoice or quote sheet and the goods received must be reported in writing within three working days. RETURNS: No return on merchandise will be accepted without first obtaining a RMA number from Hutch Computers. All merchandise is subject to a 20% restocking fee. No returns on any merchandise after seven days. Returned merchandise will not be accepted if any inventory tags have been removed. Returned merchandise will be tested before replacement. A minimum bench fee of $9.95 per part or $39.95 per system will be charged for testing. This fee will be waived if the merchandise is found to be defective. System incompatability is not a defect and is therefore subject to the bench fees. Defective merchandise may be returned at any time during the one year warranty period, unless otherwise specified in writing. If the exact product is not available, at the discretion of Hutch Computers, it will be replaced with a product of equal or greater value. All returns must be accompanied by an original receipt. All RMA merchandise should arrive at Hutch Computers freight prepaid. Hutch Computers will not accept freight collect merchandise. Purchaser may receive a credit against future purchases in lieu of repair or replacement. No return on products missing components, manuals, software or drivers. REFUNDS: All sales are final. No refunds will be issued except for replacement of defective parts if that part is no longer available. WARRANTY: All warranties are null and void if any of the inventory tags have been removed from any of the merchandise. NO EXCEPTIONS! All computer systems and parts carry a one year limited manufacturers' warranty, unless otherwise noted in writing. There will be no warranty replacement for physically damaged merchandise. OUT-OF-WARRANTY REPAIRS: At the customers request, Hutch Computers will repair or replace out-of-warranty products and charge a flat rate for labor, not including parts. Please e-mail our technical support department for current pricing and availability of parts information. DISCLAIMER: EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, HUTCH COMPUTERS MAKES NO, AND HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PRODUCTS SOLD, WHETHER EXPRESSED, IMPLIED OR STATUTORY, WRITTEN OR VERBAL INCLUDING ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. HUTCH COMPUTERS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGE OR LOST PROFITS, LOSS OF USE, LOST DATA OR FOR ANY DAMAGES INCURRED BY CUSTOMERS AND/OR THIRD PARTIES, EVEN IF HUTCH COMPUTERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED ON PRINCIPLES OF CONTRACT; WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY, CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL OR INTENDED PURPOSE OR OTHERWISE. HUTCH COMPUTERS MERELY COORDINATES THE WARRANTIES OFFERED BY THE MANUFACTURER OF THE PRODUCTS SOLD AND DOES NOT ADOPT SUCH WARRANTIES, NOR DOES IT CREATE ANY ADDITIONAL WARRANTIES. NOTHING HEREIN SHALL BE CONSTRUED AS HUTCH COMPUTERS ADOPTING ANY MANUFACTURER WARRANTY OR BEING LIABLE THEREUNDER. MEDIATION CONTRACT CLAUSE: In the event of a dispute between the parties to this agreement or their representatives will meet promptly in an effort to resolve all disputes. All disputes relating to this agreement (not limited to breach of contract action) that are not resolved by the parties themselves, shall be submitted to mediation in accordance with the rules of the Mediation Program of the Better Business Bureau then in effect. Before any part of this agreement may commence any legal action relating to this agreement, the party shall first submit the claim for mediation to the Better Business Bureau. This provision shall be specifically enforceable and damages for breach of this provision shall include but not limited to court costs and attorney's fees. ATTORNEY'S FEES: In the event Hutch Computers incurs collection costs or institutes suit to collect any amount due under this agreement, than the Purchaser agrees to pay any and all such additional collection costs, charges and expenses, including reasonable attorney's fees and court costs. APPLICABLE LAW: Purchaser waives personal jurisdiction and submits itself to the jurisdiction and venue of the courts (Magistrate, State or Superior) of Montgomery County, Texas concerning any controversy arising out of ordinary way relating to this agreement or the products or services provided hereunder. This agreement shall be governed by and in accordance with the laws of the State of Texas. Conditions are subject to change without notice. |