ONE NET for ALL Terms and Conditions of Sale
PLEASE READ
THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER
AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND
CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE
AGREEMENT WITH ONE NET for ALL, IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN). |
Important
Information About This Legal Contract
This Sale
Agreement is a legal contract between the Customer and ONE NET for ALL. The
Customer accepts this Sale Agreement by making a purchase, placing an order,
or otherwise shopping on the Site. (References to "you" or "your" shall
relate to the Customer; references to ONE NET for ALL shall relate to
ONE
NET for ALL, Advanced Research, Ltd., and its affiliates.) The terms and conditions of this Sale Agreement
are subject to change without prior notice, except that the terms and
conditions posted on the Site at the time the Customer initially places or
modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer
and ONE NET for ALL relating to the purchase or sale of goods or services on the Site.
The Sale Agreement may only be modified or terminated with regard to goods
or services that have been purchased or sold on the Site in a writing signed
by ONE NET for ALL. Electronic records (including signatures), that are otherwise valid,
shall be accepted under the Sale Agreement. The Customer consents to
receiving electronic records, which may be provided via a web browser or
e-mail application connected to the Internet; consumers may withdraw consent
to receiving electronic records or have the record provided in
non-electronic form by contacting ONE NET for ALL at the address provided below.
In the event of any conflict between the terms and conditions stated on your
purchase order and this Sale Agreement or any terms and conditions on our
invoice, you agree that the provisions of this Sale Agreement and our
invoice shall control.
Governing Law
THIS AGREEMENT AND
ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF OHIO,
WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE
JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN LUCAS COUNTY, OHIO
FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE
AGREEMENT.
Title; Risk
of Loss
Title to goods
herein being purchased is retained by the seller until goods are paid for by
the purchaser and at that time title passes to the purchaser. Loss or damage
that occurs during shipping by a carrier selected by ONE NET for ALL is
ONE
NET for ALL's
responsibility. Loss or damage that occurs during shipping by a carrier
selected by Customer is Customer's responsibility. Title to software will
remain with the applicable licensor(s).
Export
Sales
If goods herein
being purchased are being purchased for purposes of export, the Customer
must obtain from the federal government certain export documentation before
shipping to a foreign country. In addition, manufacturers' warranties for
exported goods may vary or even be null and void for goods exported outside
the United States. The Customer should inquire further regarding any
questions. Any and all liability is only for the products purchased.
General Legal
Disclaimer
ONE NET for ALL HEREBY
EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. THIS DISCLAIMER BY ONE NET for ALL IN NO WAY AFFECTS THE TERMS OF
THE MANUFACTURER'S WARRANTY, IF ANY.
Internet
Disclaimer
Internet
connectivity requires access services from an Internet access provider.
Contact us or your local access provider for rates, terms and conditions.
56K
Disclaimer
56K modems are
capable of 56Kbps downloads, however, current regulations limit download
speed to 53Kbps, and telephone companies may have further limitations.
Third-Party
Product and Y2K Disclaimer
All third party products products sold
by ONE NET for ALL are subject to the warranties and
representations of the applicable manufacturers, including but not limited
to Y2K compliance. Accordingly, ONE NET for ALL makes no representation or warranty with
respect to the Y2K compliance of products sold.
Pricing and
Information Disclaimer
All pricing
subject to change. For all prices, products and offers, ONE NET for ALL reserves the
right to make adjustments due to changing market conditions, product
discontinuation, manufacturer price changes, errors in advertisements and
other extenuating circumstances. High volume bids are welcome!
While ONE NET for ALL uses reasonable efforts to include accurate and up-to-date
information on the Site, ONE NET for ALL makes no warranties or representations as to
the Site's accuracy. ONE NET for ALL assumes no liability or responsibility for any
errors or omissions in the content on the Site.
Limitation of
Liability
ONE NET for ALL 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. ONE NET for ALL WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE
FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR
ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, ONE NET for
ALL IS NOT
LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR
AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW,
INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale
Agreement, its interpretation, or the breach, termination or validity
thereof, the relationships which result from this Sale Agreement (including,
to the full extent permitted by applicable law, relationships with third
parties who are not signatories to this Sale Agreement), ONE NET for ALL's advertising,
or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the
Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the
time the claim is filed. The Code is available at
http://www.arbitration-forum.com
or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of
law provision included in this Sale Agreement, this arbitration agreement is
subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York
Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or
as codified in the jurisdiction where enforcement of the award is sought).
Hearings shall be held as provided by the Code and if any In-person Hearing
is required, it shall be held in Toledo, Ohio. Judgment on the award
rendered by the arbitrator(s) may be entered by any court having
jurisdiction. Each party shall bear its own cost of any legal
representation, discovery, or research required to complete arbitration.
Orders;
Payment Terms; Interest; Taxes
Orders are not
binding upon ONE NET for ALL until accepted by ONE NET for ALL. Terms of payment are within
ONE NET for ALL's
sole discretion. Invoices are due and payable within the time period noted
on the invoice, measured from the date of the invoice. ONE NET for ALL may invoice parts
of an order separately. Customer agrees to pay interest on all past-due sums
at the highest rate allowed by law. The Customer is responsible for sales
and all other taxes associated with the order.
Freight
Policy
Shipping and handling charges on orders vary; contact your
ONE NET for ALL account manager for our most current and
competitive rates, options and shipping specials. For the Customer's
protection, we ship only to the verified billing address of the Customer's
credit card. In some circumstances, international shipping may be available.
Call for details.
Return Policy
- ONE NET for ALL offers a 30 day return policy on selected items based on
manufacturer return policies. For further information not listed, please
contact your ONE NET for ALL account manager.
- Please call 419-842-1144 or e-mail our Returns Department at
sales@1net4all.com to obtain a Return
Merchandise Authorization (RMA) number before shipping your product. NO
returns of any type will be accepted without an RMA number. For faster
service, please have the following information on hand when calling for an
RMA number: customer name, invoice number, serial number and nature of the
problem.
- All products returned MUST: be 100 percent complete, contain ALL
original boxes and packing materials, have original UPC codes on the
manufacturer boxes, contain all manuals, blank warranty cards and other
accessories and documentation provided by the manufacturer.
- You are responsible for shipping charges on returned items; ONE NET
for ALL will
match your shipping method on your replacement or exchange item(s).
- ONE NET for ALL strongly recommends you fully insure your return shipment in case
it is lost or damaged and you use a carrier that can provide you with
proof of delivery for your protection.
- If merchandise arrives damaged: it is best to REFUSE it back to the
carrier attempting delivery. If you accept the package make sure it is
noted on the carrier's delivery record in order for ONE NET for ALL to file a damage
claim. Save the merchandise AND the original box and packing it arrived
in, notify ONE NET for ALL immediately to arrange for a carrier inspection and a pick
up of damaged merchandise. If you do not notify ONE NET for ALL of damaged goods
within the first 15 days of arrival, our regular return policy will
override any claim of damage, and will fall under all current manufacturer
restrictions. Call 419-842-1144 or your ONE NET for ALL account manager to arrange for
carrier inspection and a pick up of damaged merchandise.
- DEFECTIVE returns can be returned directly to ONE NET for ALL within 30 days from
the invoice date, at ONE NET for ALL's discretion for: credit, replacement, exchange
or repair.
- Manufacturer restrictions do apply and are outlined in our detailed
policy. Any item that is missing the UPC can ONLY be replaced with the
same item. After 30 days, all manufacturers' warranties apply.
- NON-DEFECTIVE returns can be accepted directly by ONE NET for ALL within 30 days
from the invoice date, at ONE NET for ALL's discretion for: credit,
or exchange. All
NON-DEFECTIVE returns are subject to a 15 percent restocking fee.
- Due to manufacturers' policies, ONE NET for ALL cannot accept returns of the
following items for exchange, replacement or credit FOR ANY REASON:
(Apple, Compaq, IBM, Hewlett-Packard, AST). DEFECTIVE merchandise can be
returned for REPAIR ONLY to: ONE NET for ALL, the manufacturer direct or any
authorized service center in your area. Additional manufacturers may be
added to this list as: manufacturer policies change, manufacturer goes out
of business or in the case of specially ordered items.
Click here
for ONE NET for ALL mailing addresses and phone numbers.
ONE NET for ALL reserves the right to authorize product returns beyond 30 days from the
invoice date. IF the product is accepted after 30 days, credit will be
issued toward FUTURE PURCHASES ONLY. Original shipping charges are not
refunded on returned items. Customers are responsible for all shipping
charges back to ONE NET for ALL on returned items, and ONE NET for ALL will pay the shipping charges
on the replacement or exchange item(s) going back.
Software and
DVD Movie Return Policy
Only defective
software and DVD movies can be returned to ONE NET for ALL. The return must take place
within 30 days of invoice date and may only be replaced for the SAME
software or DVD movie title. Unopened software may be returned for refund or
exchange within 30 days of invoice date. Multiple software licenses cannot
be returned for refund or exchange unless first authorized by the
manufacturer.
NOTE: Multiple
software licenses cannot be returned for refund or exchange unless first
authorized by the manufacturer. Multiple licenses may not be returned beyond
30 days for any reason.
Business
Leasing
Business leasing
plans are available through ONE NET for ALL. Monthly lease payments quoted
are based on a 36 month lease. Rates are subject to change. Lease price does
not include documentation fee (up to $125), shipping, applicable taxes and
other potential fees. First and last payments are due at lease inception.
Most advertised ONE NET for ALL leases include a Fair Market Value purchase option at
lease end. Call your ONE NET for ALL Leasing Specialist for more information.
Check payment
policy
ONE NET for ALL will accept a
cashiers check or money order on all COD orders. ONE NET for ALL will accept personal or
business checks up to $12,000 at our headquarters, subject to
verification. ONE NET for ALL will accept personal and business checks for prepay
orders, but allow 10 business days for clearing.
Credit Cards
Credit card
charges are not submitted until time of shipment. ONE NET for ALL does not apply any
surcharge for credit cards.
|