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Terms and Conditions

Terms and Conditions

AAA Computers & Technologies Inc. reserves the right to adjust prices and information for all products. Changes may occur due to errors, fluctuating market conditions, product discontinuation or typographical errors in advertisement or website. AAA Computers will not be held responsible for manufacturer price changes, which may occur at any time without notice. AAA Computers also reserves the right to refuse any order deemed inappropriate.

All customer/buyer’s purchase orders are subject to these terms and conditions and all additional terms and conditions presented on or accompanying AAA Computers quotation or AAA Computers order acknowledgment. These terms and conditions, together with the AAA Computers order acknowledgment shall constitute the entire agreement between AAA Computers and Buyer with respect to any Buyer purchase order and the materials and/or services provided hereunder. These terms and conditions super cede any prior or contemporaneous agreements or representations, written or oral. Any amendment of these terms and conditions must be in writing and signed by AAA Computers to be binding on AAA Computers.

1. INVOICE - The Buyer hereby orders from AAA Computers the product(s) listed on the invoice document. AAA Computers systems are built from the highest quality new materials, however, due to standard industry practice, may occasionally contain serviceable used parts.

2. PURCHASE PRICE - The Buyer agrees to pay the total purchase price as specified on the front of the invoice document. In addition, the Buyer agrees to pay any sales or other taxes levied on or measured by such purchase price, or arising from the use of the product(s) and any parts or maintenance supplied, including without any limitation, any additional sales, use, gross receipts, privilege, excise, and personal property taxes unless specified in writing on this document.

3. DELIVERY - Delivery shall take place at AAA Computers unless otherwise specified in writing on this document.

4. INSPECTION - The Buyer shall inspect the product(s) at delivery and shall notify AAA Computers of any defects or discrepancies within one day of receipt of product(s)

5. LIMITED WARRANTY - All parts orders are covered under their respective manufacturers' warranties with AAA Computers as executor, where possible. AAA Computers provides, from the date of invoice, a one-year limited warranty. During this period, AAA Computers will repair or replace, at its sole discretion, using new or serviceable used and/or reconditioned parts, all merchandise which proves to be defective. Exceptions to the general warranty are listed below. Any manufacturers' warranties which exceed one year will be handled directly by the manufacturer. Physical damage voids all warranties.


AAA Computers will not warrant any product which has been subjected to improper freight handling/shipping, abuse, neglect, or unauthorized repair or installation. If AAA Computers determines, in its sole discretion that the returned item(s) was/were abused, neglected or otherwise damaged by the Buyer and/or end user, AAA Computers reserves the right to be reimbursed for all of its costs incurred in repairing or replacing such item(s). The applicable AAA Computers warranty also will not cover components not installed by AAA Computers, or product(s) with broken warranty seals or assembly traces.

AAA COMPUTERS HEREBY SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE FOR ALL SALES OF GOODS, AND ALL WARRANTIES OTHER THAN THOSE WARRANTIES PROVIDED BY AAA COMPUTERS IN WRITTEN FORM. AAA COMPUTERS IS NOT LIABLE AND SPECIFICALLY DISCLAIMS ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF BUSINESS OR DOWNTIME. AAA COMPUTERS LIABILITY IS LIMITED TO THE COST OR REPAIR OF THE PRODUCT, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

6. TITLE AND RISK OF LOSS - Title and risk of loss or damage to the product(s) shall pass to the Buyer on the date of shipping the product(s) to the Buyer.

7. ALTERATIONS, MODIFICATIONS, ATTACHMENTS - Any alterations, additions, or attachments on the product(s) not authorized in writing by AAA Computers shall solely be at the Buyer's own expense and risk. If operation of the product(s) is affected in any way by alterations, improvements, modifications or installation, the warranty shall be deemed waived by the Buyer, and AAA Computers shall have no further obligations to the Buyer.

8. MERCHANDISE RETURN PROCEDURE - If a product fails during the applicable Servers Direct warranty period, the following procedures must be followed or AAA Computers shall have no further obligations to the Buyer.

Call AAA Computers Technical Support to obtain a Return Merchandise Authorization (RMA) number. RMA numbers will be issued by telephone, fax or e-mail. RMA numbers will be void if merchandise is not received by AAA Computers within 10 days from the date the RMA number is issued. Any merchandise returned to AAA Computers without an RMA number will be refused. The following information must be provided when requesting an RMA number.

AAA Computers will pay the replacement shipping back to customers via insured ground service. However, if the product sent back from customer is functioning under normal conditions with no defects found, the customer will be charged for the shipping fee.

Invoice number and invoice date

Manufacturer’s part number

Product serial number

Detailed reason for return

AAA Computers reserves the right to return any product unrepaired and without notification should the Buyer ship a product to AAA Computers without original parts installed or sold by the manufacturer.

Requirements for RMA processing:

Ship defective product(s) to AAA Computers with freight prepaid.
A copy of original invoice showing the item.
A detailed note describing all problems.
The RMA number clearly marked on mailing label or shipping box.
All returned products must be packed in the original packaging and be complete or the warranty may be void.

Non-compliance with the above requirements may void AAA Computers warranty as it applies to the items returned to AAA Computers OR delay RMA processing and will therefore be subjected to the service charges detailed in paragraph 12 below.

9. RETURN FOR CREDIT - All sales returns must be processed through AAA Computers Technical Support or RMA Departments. An RMA number will be issued for all credit returns. To receive credit, product(s) must be returned within 30 days from the invoice date. A minimum restocking fee of 15% of the total invoice price will be charged for all merchandise returned. The return of special order items will be handled in accordance with the manufacturers' warranties and return policies. Returned merchandise for credit OR otherwise in accordance with AAA Computers RMA policies, will not be accepted unless product(s) is unused and packed in the original container with complete parts, manuals, and accessories, and must be received in reasonable condition after shipping. Defective items returned to Servers Direct after 30 days from the invoice date, but within AAA Computers applicable warranty period, will be processed in accordance with AAA Computers general RMA procedures herein described.

Due to manufacturers' policies, AAA Computers cannot accept returns or give refunds on all Opened Software, Retail Boxed Processors, Notebooks/Laptops, Blank Media Cartridges, Printer Cartridges.

10. DAMAGED ON ARRIVAL (DOA) - For all DOA products, the Buyer is required to call for an RMA number within seven days of the receipt date.

11. LEAD TIME OF SERVICE - All replacements are subject to stock availability and are generally processed within 72 hours of receipt. All shipments returned to the Buyer will be by UPS Ground. The Buyer is responsible for the difference in freight charges if the shipping instructions require express delivery.

12. Compatiblity

AAA Computers carries thousands of products. It is impossible for our staff to know each product carried in full detail. Though we will help you to the best of our knowledge, AAA Computers cannot guarantee every product's compatibility and will not be held liable for any incorrect information given. It is the customers' responsibility to do further research before shopping. For further information or questions regarding any products, please check with the manufacturers.

13. CROSS-SHIPMENT - Cross-shipment of warranty replacement product(s) is limited to the first 30 days from the invoice date and is subject to prior credit arrangements with AAA Computers.

14. CANCELLATION - Cancellation of all orders will be subject to a restocking fee of 15% of the total order amount, plus any cost of AAA Computers labor and any costs incurred by AAA Computers for special order items returned to the manufacturer.

15. NOT SUFFICIENT FUNDS - The Buyer will be charged $35.00 for each NSF or canceled check.

16. INTEREST CHANGES - Interest charges of 18% per annum (0.05% per day) or the maximum as permitted by law will be charged for past due account balances.

17. SECURITY INTEREST - AAA Computers retains a security interest on the merchandise stated above. The rights and obligations of the parties hereto shall be construed and enforced in the State of California and in accordance with the laws of the State of California.

18. COLLECTION COST - The Buyer agrees to pay to AAA Computers all costs related to the collection of any sum due, including overhead allocated to employee effort and collection fees, legal fees, court costs, expenses incurred, and reasonable attorney's fees.

19. MISCELLANEOUS - This document constitutes the entire agreement between the Buyer and AAA Computers. It is intended as a complete and exclusive statement of the terms used in this agreement and no course of prior dealing between the parties and usage of trade shall be relevant to supplement or explain any item used in this agreement. No agent, employee or representative of AAA Computers has any authority to bind AAA Computers to any affirmation, presentation, or warranty concerning the product(s) sold under this agreement, unless the same is included within this written agreement. This agreement may be modified or rescinded only by a written instrument signed by the parties hereto or by their duly authorized agents. Waiver by AAA Computers of any provision hereof in one instance shall not constitute a waiver as to any other instance.

20. Damaged or Lost Packages

Damage claims to the products in the package during transport must report to the shipping carrier at the time of delivery. If products upon received are found to have physical damage, report immediately to the customer service department ASAP and do not attempt to use the product at all. The warranty, refund, or replacement will be voided if the product is physically damaged or abused. It is customer's responsibility to know how to correctly use merchandise. Special care should be taken when dealing with delicate components such as the CPU and Motherboard Sockets which could be damaged easily by carelessness and irresponsible handling of the products. Any damage inflicted upon the products which is not at the fault of the manufacturer will not be covered by the warranty.

Lost packages should also be addressed to the shipping carrier, as you would have to prove the package never arrived. In the case that items are missing from your purchase, it needs to be reported to AAA Computers within 24 hours as well as shipping carrier.

20. FORCE MAJEURE - Neither party shall have any liability for its failure to perform under this agreement to the extent such failure arises from causes beyond its reasonable control, including, without limitation, acts of God, failures or delays in transportation, or acts of any governmental authority or such agency. Terms and conditions may be changed at any time by Servers Direct, in its sole discretion, for future sales.

21. E-Waste for CA buyers:

California Electronic Waste Recycling Fee Effective January 1, 2013  Effective January 1, 2013, the California Electronic Waste Recycling (eWaste) Fee for CA customer will be as follows:

Screen Size - Measured Diagonally

FEE

More than 4 inches, less than 15 inches

$ 4.00

15 inches or more, less than 35 inches

$ 5.00

35 inches or more

$ 6.00

 

Legal Disclaimer


Seller hereby expressly disclaims all warranties either expressed or implied warranty of merchantability or fitness for a particular purpose. This disclaimer by the seller in no way affects the terms of the manufacturer's warranty if any. Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to purchaser. If goods herein being purchased are being purchased for purposes of export, purchaser must obtain from the Federal Government certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void. If you have questions, please inquire. Any and all liability is only for the products purchased.
You agree that any legal action brought against AAA Computers. shall be governed by the laws of the State of California without regard to its conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on the AAA Computers shall be an appropriate federal or state court located in Alameda County California.

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