Terms & Conditions
TERMS & CONDITIONS
By accepting delivery of any product delivered from PROTECH ("PROTECH"), you ("Customer") agree to be bound by the terms and conditions listed below. You and PROTECH agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and PROTECH. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please check these terms and conditions carefully each time you place an order with or accept delivery of any goods from PROTECH.
1. PROTECH Refund and Replacement Warranty - PROTECH offers our customers a 30-day (30 days from the original invoice date) satisfaction replacement or refund guarantee on all purchases, with the following exceptions noted below. After 30 days, each product carries their own individual manufacturer warranties, as offered by the manufacturer. All Performer & Value Series Computers come with a standard 1 year (1 year from the original invoice date) parts warranty.
PROTECH is a distributor only. Products sold by PROTECH are not manufactured by PROTECH. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if any). PROTECH assigns and passes through to the Customer any warranty of the manufacturer, and Customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products. PROTECH MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. PROTECH DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
3. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES PROTECH's MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. PROTECH SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. PROTECH SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT PROTECH IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
4. GENERAL TERMS AND CONDITIONS
Payment Terms; Orders: An order is not binding upon PROTECH until it is accepted; PROTECH must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, wire transfer, or some other method prearranged with PROTECH. You agree to pay the amount(s) due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Shipping Charges: Your total cost for purchase of any product will include shipping and handling charges shown on the PROTECH invoice.
Title; Risk of Loss: PROTECH will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the Customer upon delivery to the carrier. PROTECH reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow PROTECH to sign appropriate documents on Customer's behalf to permit PROTECH to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. PROTECH will advise Customer of estimated shipping dates, but PROTECH will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes. Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between PROTECH and Customer shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. PROTECH and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of California, San Luis Obispo County, to resolve any dispute between them related hereto, and the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agree not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against PROTECH that is more than one year after the date of the applicable invoice. Severability:If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable California law. Waiver: The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party's right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement: These terms and conditions, together with the PROTECH's invoice respecting the products ordered by Customer, are the complete and exclusive agreement between PROTECH and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between PROTECH and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.