Terms & Conditions
Terms & Conditions
Binding Effect
The sale of all new PC-GUYS.NET® products and services is subject to PC-GUYS.NET's
Return Policy. Failure to return such products or services to PC-GUYS.NET®
according to PC-GUYS.NET's Return Policy constitutes
acceptance of these terms and conditions.
Other Documents
This sale is subject to the terms and conditions stated herein, on the face of
the packing slip, and in all other documents accompanying the purchased
product(s) (the "Terms of Sale") which are in lieu of and replace any
and all terms and conditions set forth in any documents issued by the customer,
including, without limitation, any purchase orders and any specifications. In
case of conflict between the terms and conditions stated herein and those on
the face hereof, those on the face hereof shall control. ANY ADDITIONAL,
DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENTS ISSUED BY
CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY SELLER, SHALL BE WHOLLY
INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON
SELLER. No waiver or amendment to these terms and conditions shall be binding
on Seller unless made in a writing expressly stating that it is such a waiver
or amendment and signed by Seller.
Definitions
"Software" shall mean such software programs
provided by Seller in machine readable object, printed, or interpreted form;
"Product" or "Product(s)" shall mean any configuration of
hardware and software, including documentation, sold or licensed to the
customer. "Seller" shall mean the Seller of the Product(s).
Acceptance
All Product orders placed by customer with Seller are subject to acceptance by
Seller.
Payment
PC-GUYS.NET Online® gladly accepts American Express Card, Discover Card,
MasterCard, VISA and debit cards. We do not add any surcharges to your credit
card. For information about using your credit card safely, please read
our Safe Shopping Promise.
Taxes
Unless otherwise stated on the face hereof, stated prices do not include any
customs duties, sales, use, value added, excise, federal, state, local or other
taxes. All such duties or taxes shall be paid by customer, or, in lieu thereof,
customer shall provide Seller with an appropriate tax exemption certificate.
Title
Title to Products passes from Seller to customer upon shipment from Seller's
facility. Title to Software remains with the applicable licensor(s).
Product(s) purchased from PC-GUYS.NET® may only be returned in
accordance with PC-GUYS.NET's Return Policy and by following the procedures
contained in the section entitled how to return an item, both which policies
are incorporated herein by reference. All returns shall be delivered or shipped
with shipment prepaid to Seller's facility in the original packaging or
equivalent, together with a dated proof of purchase (including invoice and
packing slip) and a returned material authorization (RMA) number which may be
requested from Customer Service.
The RMA number must be written on the shipping label. All shipping charges and
costs incurred in returning Product(s) to PC-GUYS.NET®, including insurance,
duties or other fees must be prepaid by customer, AND ARE NOT REFUNDABLE BY PC-GUYS.NET.
Customer shall assume all risk of loss or damage to Product(s) while in transit
to Seller.
If Customer fails to return Product(s) in accordance with PC-GUYS.NET's
Return Policy and its how to return an item policy, in any manner, including,
but not limited to, (i) returning Product(s) without prior authorization from PC-GUYS.NET,
(ii) returning Product(s) beyond the period prescribed by PC-GUYS.NET for
returning the Product in the Return Policy, (iii) returning Product(s) without
an RMA number written on the shipping label, or (iv) returning Product(s)
without proper packaging, PC-GUYS.NET reserves the right to: (a) refuse to
accept delivery of such return and to charge the customer the retail price of
such Product(s) at the time the Product(s) were shipped to the customer (as
determined by PC-GUYS.NET) plus a charge of $60.00 to cover PC-GUYS.NET's
collection and handling costs; (b) charge the customer for any other collection
or legal expenses incurred by PC-GUYS.NET due to such failure to return the
Product(s) in accordance with PC-GUYS.NET's Return Policy and it how to return
an item policy; and (c) inactivate the customer's account until such payment is
made. While a customer's account is inactivated, PC-GUYS.NET shall not provide
that customer with technical support or customer and warranty service. In all
cases, the payment by Seller to customer of money due to the return by customer
of Product(s) will not include the return of shipping charges. UNDER NO
CIRCUMSTANCES SHALL SELLER REFUND SHIPPING CHARGES TO THE CUSTOMER.
Force Majeure
Seller shall not be liable for any delay in performance directly
or indirectly caused by or resulting from acts of nature, fire, flood,
accident, riot, war, government intervention, embargoes, strikes, labor
difficulties, equipment failure, late deliveries by suppliers or other
difficulties which are beyond the control, and without the fault of Seller.
Quantities are subject to availability. In the event of production difficulties
or Product shortages, Seller may allocate sales and deliveries at its sole
discretion.
Exclusion of Implied Warranties and Limitation of Liability
SELLER MAKES NO WARRANTY THAT THE GOODS SOLD HEREUNDER SHALL BE
MERCHANTABLE OR THAT SUCH GOODS SHALL BE FIT FOR ANY PARTICULAR PURPOSE. IT IS
UNDERSTOOD AND AGREED THAT IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,
PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS
OR REVENUE, COSTS OF RENTING REPLACEMENTS AND ADDITIONAL EXPENSES, RESULTING
FROM SELLER'S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE
FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO,
WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF
SELLER, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
Substitutions and Modifications
Seller reserves the right to substitute or change materials, parts, Product
specifications or functional attributes at any time without notice. Seller also
reserves the right to ship Product in multiple boxes and/or shipments.
User Rights to Software
The Software included with the Product is protected by copyright law and/or
international treaty provisions. Rights relating to a particular Software
program are listed in the license agreement document provided by the owner(s)
of the Software that is included with the Product.
United States Government License Rights
United States Government license rights in the Product(s) are limited to those
mandatory rights identified in DFARS 252.227-7015 (b).
Governing Law, Jurisdiction and Costs
This agreement is governed by the laws of the State of Ohio, without regard to
its conflict or choice of law provisions. Customer acknowledges and agrees that
Ohio is an appropriate place for venue of any litigation and that Ohio courts
have jurisdiction over this agreement and customer. In the event the customer
and Seller are unable to resolve any customer dispute, and any collection
action, suit or other judicial proceeding is commenced, the prevailing party in
any such collection action, suit or judicial proceeding shall be entitled to
recover its costs and reasonable attorneys' fees incurred.
Assignment
Customer may not assign its rights or obligations hereunder without the express
prior written consent of Seller.
Entire Agreement
The Terms of Sale constitute the entire agreement with regard to this sale and
expressly supersede and replace any prior or contemporaneous agreements,
whether written or oral, relating to said sale, including any terms and
conditions on any of customer's documents or purchase orders. This agreement
shall be binding upon the heirs, successors and assigns of the parties hereto.
If any provision of this agreement shall be held to be invalid or
unenforceable, the remainder of this agreement shall remain in full force and
effect.
Display of order summary does not signify our acceptance of an
order, nor does it constitute confirmation of our offer to sell. We reserve the
right, at any time and without prior notice, to cancel or limit the quantity of
product available for any item. Unless otherwise specified, manufacturer
mail-in rebates are limited to one (1) per name, per family and/or per address.
Payment Methods
Accepted
At PC-GUYS.NET stores and PC-GUYS.NET Online, you can shop using
your MasterCard, VISA, American Express, Discover® Network Card, Diners Club, PC-GUYS.NET
Credit Card and debit cards. We accept the Revolution card for in-store
purchases only. PC-GUYS.NET and PC-GUYS.NET Online are based in the state of
Ohio, USA. When using a debit card as payment, the card is charged immediately
following the authorization. The Issuing Bank determines when to release the
hold on the dollar amount when merchandise is not shipped (backorder) or the
order is cancelled.