Silicon Mountain Memory Warranty and Terms and Conditions
- GENERAL. These Terms and Conditions constitute an integral part of any offer made by Seller to sell goods. Seller rejects all terms and conditions set forth on Buyer’s order form which are contrary or in addition to, or which in any way modify or amend any of the terms and conditions herein.
- TERMS OF PAYMENT. Payment terms are detailed on the invoice and are calculated from the date of shipment. Interest on past due invoices shall be payable at the lesser of (a) the maximum amount permitted by law or (b) one and one half percent (1.5%) per month. In the event that legal action is taken by Seller, Buyer shall pay Seller’s attorney’s fees and other costs.
- SHIPMENT AND RISK OF LOSS. Unless otherwise agreed in writing, delivery shall be complete upon transfer of possession to common carrier, FOB shipping point, whereupon all risk of loss, damage or destruction to the goods shall pass to the Buyer. Seller reserves the right to make partial shipments.
- PRICES. All prices quoted by Seller are based upon U.S. dollars, F.O.B. Seller's warehouse. Transportation and insurance shall be provided by common carrier, at Buyer’s risk and expense, with charges added to quoted prices.
- TAXES. All local, sales, excise, use, property or other taxes and duties of any kind shall be added to the purchase price and be paid by Buyer, except to the extent Buyer has provided Seller with a tax exemption certificate acceptable to taxing authorities.
- SECURITY INTEREST. Seller agrees to execute and appoints Buyer as its attorney in fact to execute any documentation required by Seller to perfect or enforce its security interests. In the event of a default by Buyer, Seller shall have the rights of a secured party as set forth under the Uniform Commercial Code.
LIMITED WARRANTY. Except with respect to Flash Products, Seller warrants to the original customers purchasing products from Seller that all such products, under normal use and operation, will be free from defects in materials and workmanship affecting form, fit and function. Any claims alleging failure to products to conform to the foregoing warranty may be made only by the customer who purchased the product. The foregoing warranty only applies while the product is being used in the original machine with the original hardware and software configuration. Seller, at its option, will repair, replace, or provide a credit or refund of either the original purchase price less a restock fee or current fair market value, whichever is less, for any product Seller deems to be defective.
With respect to Flash Products, Seller offers the same warranty terms above, except the warranty is limited to one year from date of invoice. Seller shall have no liability thereafter. Customer printed Flash Drives may be replaced with the generic equivalent.
The above warranties cover only defects arising under normal use and do not include malfunctions or failures from misuse, neglect, alteration, abuse, improper installation or acts of nature.
Removal of Seller’s labeling on products will void all warranties.
THIS LIMITED WARRANTY CONSTITUTES THE SOLE AND EXCLUSIVE LIABILITY OF SELLER AND IS IN LIEU OF ALL OTHER WARRANTIES (EXCEPT AS TO TITLE) EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR DIRECT CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSE, ACTS OF MAINTENANCE ARE NOT PART OF THE LIMITED WARRANTY HEREIN.
- RETURN POLICY. In no event shall goods be returned without first obtaining Seller’s written permission. An RMA (Returned Merchandise Authorization) number issued by Seller must accompany all returned goods. Goods returned without an RMA number may be refused. In case of incorrect shipment or goods damaged during shipment, Seller must be informed in writing within 24 hours after receipt of goods. To obtain credit for returned goods, Purchaser must obtain an RMA number within seven (7) calendar days of the invoice date. Merchandise must be returned to Seller within seven (7) days of receiving an RMA number. Credit for returned goods may be issued at 85% of the invoice amount or the market value of the goods, whichever is less. Custom-made goods must be securely packed and delivered to Seller in an undamaged condition repackaged in the original packing in an antistatic bag. Claims against Seller for shortages shall be deemed waived if not made within three (3) business days after receipt of shipment.
- CHANGES AND CANCELLATION. Orders accepted by Seller are not subject to change or cancellation by Buyer except with Seller’s written consent. In the event of a change or cancellation for any reason, and without limiting any other remedy available to Seller, Purchaser shall pay Seller a reasonable cancellation or restocking fee of not less than fifteen percent (15%) of the price of the goods subject to the change or cancellation.
- FORCE MAJEURE. Seller will make every effort to complete the shipment but shall not be liable for any loss or damage incurred by Buyer by reason of delay when directly or indirectly caused by matters beyond the control of Seller.
- DISCLOSURE. Any software programs, data or other technical information supplied by Seller in connection with the sale of goods shall remain the property of Seller and be held in confidence by Buyer. Such information shall not be disclosed or reproduced without Seller’s written consent.
- LAW OF THE STATE OF COLORADO. The rights and obligations of the parties under this agreement shall be governed by the laws of the State of Colorado, without reference to its principles of conflict of laws, and Buyer consents to the exclusive jurisdiction of the state and federal courts located in the State of Colorado for the resolution of any claims arising from or relating to this agreement.
- ENTIRE AGREEMENT. These Terms and Conditions, together with Seller’s invoice, constitute the entire agreement of the parties and there are no representations, inducements, or warranties, expressed or implied, not expressly set forth herein.
Silicon Mountain Memory endeavors for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information contained on our website. Due to human error and other determinates we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links and any other product-related information listed is entirely accurate, complete or current, nor can we assume responsibility for these errors. In the event a product listed on our website is labeled with an incorrect price due to some typographical, informational, technical or other error, Silicon Mountain Memory shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information.
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