Acceptance by TekBoost, a Austin, TX operation with its principal offices at 8868 Research Blvd, Ste 207, Austin, TX 78758
Customer's Purchase Order is subject to the following terms and conditions. These terms and conditions ("Agreement") apply to your purchase of products and/or services and support ("Products") sold in the United States by TEKBOOST, including its affiliates or subsidiaries.
BY PLACEMENT OF AN ORDER, AND/OR BY ACCEPTANCE OF PRODUCTS ORDERED, CUSTOMER SIGNIFIES AGREEMENT THAT NO TERMS, CONDITIONS OR WARRANTIES OTHER THAN THOSE STATED IN THESE TERMS, AND NO AGREEMENT OR UNDERSTANDING, ORAL OR WRITTEN, IN ANY WAY PURPORTING TO MODIFY THESE TERMS, CONDITIONS AND/OR WARRANTIES, WHETHER CONTAINED IN CUSTOMER'S PURCHASE ORDER OR ELSEWHERE, SHALL BE BINDING ON TEKBOOST, UNLESS MADE IN WRITING AND SIGNED BY AN APPROPRIATE OFFICER OF TEKBOOST. TEKBOOST EXPRESSLY OBJECTS TO ANY TERMS INCONSISTENT WITH THOSE EXPRESSLY STATED HEREIN.
TEKBOOST reserves the right to modify these Terms at its sole discretion at any time. Any such modification will be effective upon TEKBOOST sending notice to you by email, text message, or postal mail.
This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both Customer and TEKBOOST.
1. Payment Terms; Orders; Quotes; Interest: Terms of payment are within TEKBOOST's sole discretion, and unless otherwise agreed to by TEKBOOST, payment must be received by TEKBOOST prior to TEKBOOST's acceptance of an order. Payment for the Products will be made by credit card (Visa, MC, Disc), wire transfer, or some other prearranged payment method unless credit terms have been agreed to by TEKBOOST. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. Past due invoices are assessed an 18% APR finance charge beginning with day 40 from the invoice date. TEKBOOST may invoice parts of an order separately. Your order is subject to cancellation by TEKBOOST, at TEKBOOST's sole discretion and without prior notice due to reasons beyond its control such as product unavailability and pricing changes, etc. TEKBOOST is not responsible for pricing, typographical, or other errors in any offer by TEKBOOST and reserves the right to cancel any orders resulting from such errors.
2. Security Interest and Repossession: The Title to the Products shall remain with TEKBOOST until the full payment for the invoice of the Products sold is received. Until full payment has been made for the Products, TEKBOOST shall have a security interest in Products shipped to Customer and the Products shall remain personal property. Upon request, Customer shall execute and deliver to TEKBOOST security agreements and financing statements or statements further evidencing TEKBOOST's security interest. Customer authorizes TEKBOOST to file a financing statement or statements relating to the Products, without Customer's signature thereon, as TEKBOOST may deem appropriate and appoints TEKBOOST as Customer's attorney-in-fact for the limited purpose of executing (without requiring TEKBOOST to do so) financing statements in Customer's name and performing other acts which TEKBOOST deems appropriate to perfect and continue its security interest and to protect and preserve the Products. In the event Customer defaults in making any payment due TEKBOOST, TEKBOOST in addition to any other rights or remedies provided by law, shall have the right, with or without legal process, to enter the place where said Products are located and to repossess the Products in accordance with the Uniform Commercial Code. Customer shall not sell, exchange, transfer, convey, mortgage, pledge, hypothecate, or grant a security interest in any Products or the proceeds thereof (including cash, accounts, contract rights, instruments and chattel paper) which are the subject to this Agreement if payment therefore shall not have been made in full to TEKBOOST. Customer shall pay TEKBOOST all costs incurred to collect any past due account from Customer, including, but not limited to, all court costs and attorney's fees to the maximum extent permitted by law.
3. Shipping Charges; Sales Taxes; Title; Risk of Loss: Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Title to products passes from TEKBOOST to Customer on shipment from TEKBOOST's facility. Unless you provide TEKBOOST with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes including VAT and import duties associated with the order. Texas Customers are subject to Sales Tax. Shipping dates are estimates only. Time is not of the essence. TEKBOOST may ship all the goods at one time or in installments from time to time. TEKBOOST will have the right to determine the method of shipment and routing of the goods unless otherwise mutually agreed upon by Customer and TEKBOOST. TEKBOOST shall not be liable for loss or damage because of delays occasioned by labor disputes, damage to facilities, or failure of suppliers or subcontractors to meet scheduled deliveries or any other cause beyond TEKBOOST's reasonable control or making its performance commercially impracticable. Loss or damage that occurs during shipping by a carrier selected by TEKBOOST is TEKBOOST's responsibility. Loss or damage that occurs during shipping by a carrier selected by the Customer is the Customer's responsibility. Each box contains a packing slip indicating what is in the box. It is the Customer's responsibility to check the items received against the packing slip, and report to TEKBOOST any discrepancies immediately.
4. Returns for Exchange and/or Credit; Refunds; Cancelled Orders: Except for defective Products under warranty which are provided for in Section 5 below, purchased refurbished equipment may be returned for exchange and/or credit within 30 days after the invoice date provided the following criteria are met:
a) You must obtain a Return Merchandise Authorization (RMA) from TEKBOOST by contacting the number below prior to returning any Products.
b) Products must be returned within 10 calendar days from the day you received the RMA. If RMA Product is not received at our TX facility within 10 days after the issuance of an RMA, the RMA is automatically cancelled and the Customer is billed for the full amount of any replacement Products sent to replace the non-returned item.
c) The RMA Products must be in resalable condition in its original packaging, complete with all modules, flash memory and accessories.
d) New and Non-stock Products are designated as Special Orders. Special Orders are non-cancelable and non-returnable unless defective. All Special Order sales are final.
d) Orders may not be cancelled unless the product is defective or the return is a direct result of a TEKBOOST error.
e) A Restocking Fee of 20% of the purchase price paid, plus any applicable sales tax and shipping charges applies to all cancelled orders prior to any refund being issued.
f) RMA Products must be shipped by a Common Carrier (UPS/FedEx/USPS) at the Customer's expense to TEKBOOST Returns Dept. at the following address:
246 Investment Loop
Hutto, Texas 78634
Before you return the Products to TEKBOOST, make sure to back-up any data on the hard drive(s) and on any other storage device in the Product, if applicable. Remove any and all confidential, proprietary, and personal information as well as removable media such as floppy disks, CDs, and PC Cards. TEKBOOST is not responsible for any confidential, proprietary, or personal information; lost or corrupted data; or damaged or lost removable media that may be included with your return.
5. Disclaimer of Warranties, Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, TEKBOOST EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT OR NON-INFRINGEMENT. TEKBOOST DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT EXCEPT AS EXPRESSLY PROVIDED HEREIN, TEKBOOST WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, TEKBOOST IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE.