Terms & Conditions of Sale

 

1. A-TRAC Computer Sales & Service, Inc. (MA) (herein to be referred as A-TRAC) shall not be bound by the terms of any purchase order, which are inconsistent with the terms of sale contained herein unless such inconsistent terms are specifically accepted by A-TRAC in writing prior to the acceptance of said purchase order.

2. Where no shipping instructions are received, shipments will be made by the carrier, and in the manner designated by A-TRAC.

3. Federal sales or excise tax or any other taxes are in addition to the price quoted unless the price quoted is explicitly stated to be inclusive of the same.

4. Acceptance of any order is subject to the approval of the credit department of A-TRAC. A-TRAC reserves the right to cancel any order in the event the purchaser fails to fulfill the terms of payment or in case. A-TRAC shall have any doubt at any time as to the purchaser’s financial responsibility. A-TRAC may decline to make any further deliveries except upon receipt of cash or satisfactory security.

5. The assignment of purchase of an order in whole or in part without the prior written consent of A-TRAC shall be void.

6. A-TRAC shall not be responsible for loss or damage to property of the purchaser in the custody of A-TRAC.

7. A-TRAC does not guarantee the price as quoted beyond 15 days of quotation.

8. If this purchase is for the manufacturer (and/or sale) of articles according to purchaser’s sample or specifications, the purchaser represents and warrants to A-TRAC that the manufacture (and/or sale) or such articles by A-TRAC pursuant to this sale will not constitute an infringement of any patent rights and the purchaser shall indemnify and save harmless A-TRAC from any claims and/or judgments against A-TRAC (and/or sale) of such articles pursuant to this sale. In the event that an action, suit or proceeding is brought by any person, persons or corporation against A-TRAC based on any such infringement, A-TRAC shall at once give written notice thereof to the purchaser (by registered mail) addressed to the purchaser at his address herein set forth. The purchaser thereupon shall defend the said action for A-TRAC at his own cost and expense and without expense to A-TRAC.

9. Orders are not subject to purchaser’s cancellation or charge without the seller’s written consent and then only upon agreement to compensate the seller for loss caused by such cancellation or changes.

10. Any or all defective merchandise must be returned to seller prepaid at the address of the seller.

11. A-TRAC shall accept return of such non-warranty products without assuming the ownership responsibility. A-TRAC shall inform buyer of all charges to be incurred for cost of repair prior to performing such repairs and shall obtain buyer’s verbal or written authorization to proceed with such repairs.

12. Any and all returned goods shall be governed by Seller’s return authorization policy described elsewhere.

 

Payment

 

1. All payment shall be made in current U.S. dollars.

2. A-TRAC retains title and a 100% security interest in all equipment sold until all equipment is paid for in full.

3. Payments unless otherwise specifically provided for in this purchase order shall be due COD or certified check.

4. Checks, which are unpaid due to insufficient funds, stop order, etc., shall be subject to a fifty ($50.00) dollar processing fee. Late payment shall result in ($50.00) dollar processing fee in addition to interest and administrative charges of two (2%) percent for any calendar month or part thereof for which payment or partial payment remains due.

5. All reasonable cost & expenses suffered by A-TRAC in collecting moneys due including but not limited to attorney’s fees & collection agency fees shall be paid by the purchaser.

6. If an account becomes fifteen (15) days delinquent of terms granted, subsequent shipments on account will be withheld until account is paid current.

7. If an In the event that the purchaser does not pay within the fifteen (15) days, a determination will be made by A-TRAC as to the disposition of the equipment including, but not limited to, seizure and resale of equipment to pay down the balance.

8. It is the responsibility of the purchaser to retain all packaging, paperwork, warranty materials and equipment in new and resalable condition until equipment is paid for in full.

 

Warranty Policy

 

1. If the product shall become defective within the specified warranty period as described below seller shall evaluate the nature of the defect and either elect to repair or replace the defective merchandise free of charge upon receipt of the defective product.

2. This warranty shall not include damage to the product resulting from buyer’s misuse or abuse. Seller shall reserve the right to make final judgment regarding the nature of the alleged defect.

3. A-TRAC warrants that the goods delivered will be the kind designated as specified. Provided however, if A-TRAC furnishes and the purchaser approves samples, then in lieu of all other warranties, A-TRAC warrants that the goods delivered will conform within specified tolerances of the samples furnished. A-TRAC makes no other warranties of any kind expressed or implied. A-TRAC does not warrant fitness for the purchase intended for the product is made known to A-TRAC in writing by the purchaser prior to date of purchase order and then only if the purchaser expressly states that it relies upon the expertise of A-TRAC, as to the fitness for the intended purpose in a writing accepted by A-TRAC in writing as provided in paragraph 1 hereof.

4. Warranty period is one year on all goods sold and shall commence from the date of original purchase. DOA items can be returned within 15 days.

5. Seller shall not be held responsible or liable for any warranty of any product deemed “outside of warranty.”

 

Return Authorization Policy

     Buyer agrees herein to abide by A-TRAC’s return authorization policy stipulated as follows:

1. Any and all defective merchandise must be covered by a Return Authorization Number, herein referred to as RA number,, to be obtained from Customer Service.

2. Any merchandise received by A-TRAC without the RA number shown clearly visible on the outside of such packaging shall be refused and returned to the buyer at the buyer’s own risk and expense.

3. Such requests for an RA number from A-TRAC shall include the original invoice number of A-TRAC. The date of the original order by buyer and a detailed description of the apparent or alleged defect. RA numbers issued by A-TRAC are valid for fifteen (15) days from the date of issue.

4. A-TRAC shall, upon receipt of the defective merchandise, evaluate such defect and in A-TRAC’s own discretion, shall assess the proper credit or extent of charges to be issued to the buyer. If extra costs are to be borne by buyer for repair, A-TRAC shall obtain buyer’s prior authorization, whither verbally or in writing, before repair work shall commence. Do not apply the balance to your subsequent orders, or it will result in a credit hold to your account.

5. Non-defective goods meeting all specifications of the purchaser’s order may be returned to A-TRAC for refund at A-TRAC’s discretion provided that the returned goods are in new condition. New condition is defined as in original packaging with all supporting documentation, software, etc., and in resalable condition. If not in new condition, such returned goods shall be subject to a minimum handling charge of fifteen (15%) percent if returned within 30 days from the invoice date.

6. In no event shall the total liability of A-TRAC to purchaser for all damages including but not limited to compensatory, consequential and punitive damages, exceed the total amount paid to A-TRAC by purchaser for the goods from which the claim arose. In no event shall A-TRAC be responsible for indirect or consequential damage.

7. In no event shall liability attach to A-TRAC unless notice in writing is given to A-TRAC within ten days of the occurrence of the event giving rise to such a claim.

8. A-TRAC shall not be responsible for delays or non-deliveries directly or indirectly resulting from or contributed by foreign or domestic embargoes, seizure, fire, flood, explosion, strike, act of God, vandalism, insurrection, riot, war, terrorism, or the adoption or enactment of any law, ordinance, regulation or ruling or order or any other cause beyond the control of A-TRAC.

9. A-TRAC shall not be responsible for loss or damage in transit. Any claims for such loss or damage shall be filed by the purchaser with the carrier.

 

Repairs

 

1. Repairs are completed on a first-in-first-out-basis. Repair times will vary with availability of parts and repair backlog.

2. All repairs are covered by a thirty (30) day shop warranty from the date of service. After thirty (30) days the warranty is limited to the manufacturer of the part or the product.

3. Proof of warranty coverage must accompany all equipment.

4. Repaired equipment are swap-out prices unless otherwise specified prior to service completion.

5. Replaced parts become the property of A-TRAC, unless authorized by the service department before completion of service.

6. A-TRAC will not be responsible in any way for unclaimed equipment after thirty (30) days from notice of service completion.

7. A-TRAC is not responsible for loss of data or programs. Due diligence should be taken to backup data and programs before equipment is released to A-TRAC for service. In no event will A-TRAC be liable for any such damage as lost business, lost profits, lost savings, downtime or delay, labor, repair of materials cost, injury to person or property or any similar or dissimilar consequential loss or damage incurred by purchaser.

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