MCA Terms & Conditions of Sale
Terms and Conditions of
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 STANDARD WARRANTY IS 90-DAYS ON ALL EQUIPMENT. 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 25% 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 firstname.lastname@example.org for assistance.
(ii) There will be a 25% 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 $250.00 an hour, not to exceed 25% 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. MCA will be entitled to be reimbursed for all attorney's fees and expenses under the apllicable law, in the event of a favorable judgement