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Terms and Conditions of
Sale
PLEASE READ THIS DOCUMENT CAREFULLY!
IT CONTAINS VERY
IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS,
AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
This Agreement contains the terms and conditions that apply to your purchase
from the MCA Computer Corporation entity named on the invoice ("MCA Computer
Corporation") that will be provided to you ("Customer") on orders for computer
systems, related products and/or services and support sold in the United States.
By accepting delivery of the computer systems, other products and/or services
and support described on that invoice, Customer agrees to be bound by and
accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY (i) UNLESS
THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH MCA COMPUTER
CORPORATION INC, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN. These terms
and conditions are subject to change without prior written notice at any time,
in MCA Computer Corporation sole discretion.
Governing Law. THIS AGREEMENT AND ANY SALES THERE UNDER SHALL BE GOVERNED BY
THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES
Payment Terms; Orders; Quotes; Interest. Terms of payment are within MCA
Computer Corporation sole discretion, and unless otherwise agreed to by MCA
Computer Corporation, payment must be received by MCA Computer Corporation
prior to MCA Computer Corporation acceptance of an order. Payment for the
products and services and support will be made by credit card, wire transfer, or
some other prearranged payment method unless credit terms have been agreed to by
MCA Computer Corporation. Invoices are due and payable within the time period
noted on the invoice, measured from the date of the
invoice. MCA Computer Corporation may invoice parts of an order separately.
Customer agrees to pay interest on all past-due sums at the highest rate
allowed by law.
Title; License; Risk of Loss. Title to products passes from MCA Computer
Corporation to Customer on shipment from MCA Computer Corporation facility. Loss
or damage that occurs during shipping by a carrier selected by MCA Computer
Corporation is MCA Computer Corporation responsibility. Loss or damage that
occurs during shipping by a carrier selected by Customer is Customer's
responsibility. Customer is responsible for obtaining any and all software
licenses required by the manufacturer. The customer is held responsible for
obtaining all legal right to use licenses required by the respective
manufacturer. MCA is not responsible and will not held liable for customers
responsibility to obtain the licenses required by the manufacturer. Manufacturer requires software be owned, licensed or obtained
directly from Sun or their authorized reseller. MCA is not an authorized reseller.
Warranties. MCA COMPUTER CORPORATION MAKES NO EXPRESS
WARRANTIES EXCEPT THOSE STATED IN THIS SECTION AND IN MCA COMPUTER CORPORATION
APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH
WARRANTIES WILL BE EFFECTIVE, AND MCA COMPUTER CORPORATION WILL BE OBLIGATED TO
HONOR ANY SUCH WARRANTIES, ONLY UPON MCA COMPUTER CORPORATION RECEIPT OF
PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED. MCA COMPUTER CORPORATION DISCLAIMS
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF' MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MCA
COMPUTER CORPORATION RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR
AND REPLACEMENT AS SET FORTH IN MCA COMPUTER CORPORATION APPLICABLE WARRANTY
STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. MCA Computer Corporation
reserves the right to modify its warranty at any time, in its sole discretion..
MCA Computer Corporation Inc does not warrant any software under this Agreement.
Warranties, if any, for the software are contained in the license agreement that
governs its purchase and use.
Returns; Exchanges; Cancellation Policies.
International Orders and shipping associated with international
orders-returns is always at the customers expense.
MCA Computer Corporation is proud of its solid history and continued
excellence in customer care and satisfaction. That is why we offer our customers
a 7 day money back guarantee on unopened product, and a 30 day guarantee against
defects. New items are not returnable. However, these guarantees are subject to the following conditions:
There is a 20% restocking fee for all returns (shipping and labor/service is
non-refundable). All returns must be in re-salable condition.
Any and all Refunds are given based on Current Market Price or Sale Price
whichever is less.
Defective Product Exchange is returned to MCA Computer Corporation at
customer expense. All Products then sent to the customer will be sent via ground
shipments. Any upgrade to that shipment for any reason will be incurred at the
customers expense.
(i) All product returns must have a Returned Merchandise Authorization (RMA)
number issued by MCA Computer Corporation. Contatct
rma@mcac.com for assistance.
(ii) There will be a 20% restocking fee on all unopened returns. Items must
be returned in a re-saleable condition. New items that have been opened, used or
packaging seal has been broken are not returnable.
(iii) All Special Order Items & Custom Configured Systems are not returnable.
(iv) Products that are inoperable at first use are eligible for a Dead On
Arrival (DOA) return up to 30 days from the date of the invoice. Items suspected
to be defective but are later found to be operable by MCA Computer Corporation
technicians are charged out at an hourly rate of $29.00 an hour, not to exceed
20% of the original item cost. The customer will be charged this testing fee and
the found to be operable item will be returned to the buyer, at the buyer's
expense. If, however, the part is found to be defective, a replacement will
immediately be sent to the Buyer at no extra cost. All original packaging,
components and manuals must be included with returned products.
(v) Purchases made after an item has been discounted or of items listed
under the "Specials" category may not be eligible for return. Please verify the
status of the item with your sales associate at the time of purchase.
(vi) For all Defective Product returns, the customer prepays return
shipping. MCA Computer Corporation will pay freight to the Customer
(viii) MCA Computer Corporation does not offer price protection on products
that have already shipped. Any return of a product that has had a price drop is
processed at the then current price.
(ix)Shipping is never refundable.
(x) Damaged or missing product must be notified within 48 hours upon receipt
of package.
We thank you for your cooperation.
Limitation of Liability. MCA COMPUTER CORPORATION DOES NOT ACCEPT
LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR
PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE,
OR THE PROVISION OF SERVICES AND SUPPORT MCA COMPUTER CORPORATION WILL NOT BE
LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL,
INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED
HEREIN. THIS LIMITATION OF LIABILITY APPLIES BOTH TO PRODUCTS AND SERVICES AND
SUPPORT CUSTOMER PURCHASES UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY
LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE
PRODUCTS, MCA COMPUTER CORPORATION IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT
OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE
OF PRODUCTS UNDER THIS AGREEMENT. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED
TO THE PURCHASE OF SERVICES NOT BUNDLED WITH PRODUCTS UNDER THIS AGREEMENT, MCA
COMPUTER CORPORATION IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES
ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF SERVICES
UNDER THIS AGREEMENT.
Dispute Resolution The parties will attempt to resolve any claim, or
dispute or controversy (whether in contract, tort or otherwise) against MCA
Computer Corporation, its agents, employees, successors, assigns or affiliates
(collectively for purposes of this paragraph, "MCA Computer Corporation" )
arising out of or relating to this Agreement, MCA Computer Corporation
advertising, or any related purchase (a "Dispute" ) through face to face
negotiation with persons fully authorized to resolve the Dispute or through
mediation utilizing a mutually agreeable mediator, rather than through
litigation. If the parties are unable to resolve the Dispute through negotiation
or mediation within a reasonable time after written notice from one party to the
other that a Dispute exists, the Dispute will be settled by binding arbitration
in accordance with the then current CPR Rules for Non-Administered Arbitration.
The Arbitration will be conducted before three (3) independent and impartial
arbitrators. MCA Computer Corporation will appoint one (1) arbitrator and the
other party or parties will appoint one (1) arbitrator. The two (2) appointed
arbitrators will then select a third arbitrator, who shall be the presiding
arbitrator. The arbitration hearing shall take place in Irvine, California and
will be governed by the United States Federal Arbitration Act to the exclusion
of any inconsistent state laws. The arbitrators shall base their award on the
terms of this Agreement, and will follow the law and judicial precedents that a
United States District Judge sitting Orange County, California would apply to
the Dispute. The arbitrators shall render their award in writing and will
include the findings of fact and conclusion of law upon which their award is
based. Judgment upon the arbitration award may be entered by any court of
competent jurisdiction. The existence or results of any negotiation, mediation
or arbitration will be treated as confidential. Notwithstanding the foregoing,
either party will have the right to obtain from a court of competent
jurisdiction a temporary restraining order, preliminary injunction or other
equitable relief to preserve the status quo or prevent irreparable harm,
although the merits of the underlying Dispute will be resolved in accordance
with this paragraph.
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