Custom Trading Computers - Sale Terms and Conditions
PLEASE READ THROUGH THIS DOCUMENT VERY CAREFULLY. IT CONTAINS IMPORTANT LEGAL INFORMATION RELATING TO ANY PURCHASE FROM CUSTOM TRADING COMPUTERS, INC., A CALIFORNIA CORPORATION, ("CTC") INCLUDING LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY ACCEPTING DELIVERY OF ANY CTC PRODUCTS OR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
1. INTRODUCTION. This Agreement ("Agreement") contains terms and conditions applying to your purchase of CTC products and services ("Product"). "We/Us/Our" means the CTC owners and employees. "Website" means the website located at www.customtradingcomputers.com, www.accenttechnologyinc.com (or any subsequent URL which may replace it) and all associated websites and micro sites of www.customtradingcomputers.com. "You/Your" means you as a user of the Website and Product purchaser/buyer. "Warranty" refers to the CTC warranty of which you either purchased or selected while making an order. “Guarantee” refers to the 30 Day Guarantee found on the website and with your order. If you have any questions about this Agreement, please contact CTC at firstname.lastname@example.org prior to making any orders or accepting delivery.
2. GOVERNING LAW. THIS AGREEMENT AND ALL SALES THEREUNDER SHALL BE GOVERNED BY THE STATE OF CALIFORNIA, WITHOUT REGARD TO PRINCIPLES OF CONFLICT OF LAWS. ANY AND ALL DISPUTES THAT ARISE SHALL BE SETTILED IN THE STATE OF CALIFORNIA, COUNTY OF SAN BENITO. ALL DISPUTES SHALL BE REFERRED BY AN ARBITRATOR OF WHICH IS ACCEPTABLE TO AND PICKED BY BOTH PARTIES.
3. PRICES AND TAXES. Prices are exclusive of all federal, state, local, or other government taxes, fees, or charges now in force or enacted in the future except within the state of California. Taxes will be indicated on the invoice; however, if any additional such tax, fee or charge is imposed by any governmental authority on, or measured by, the transaction between CTC and you, you will be responsible for such tax, fee or charge. In the event that CTC is required to pay any such tax, fee, or charge at the time of a sale or thereafter, you will reimburse CTC therefore.
4. SHIPMENT. Any stated ship date, whether electronic or voice, is an approximation only. CTC will ship by a carrier of their choice. You agree to pay any transportation charges, whether billed by the carrier or CTC. If damage occurs during the shipment from the CTC facility to You, it will be CTC's responsibility. Any loss or damage that occurs after 48 hours after receiving the shipment will be Your responsibility. It is Your responsibility to report any shipment issues or problems to email@example.com within 48 hours of delivery.
5. RETURNS AND EXCHANGES. Products that are defective or damaged may be repaired or replaced in accordance with the 30 Day Guarantee and the Warranty You choose during ordering. There is a 15% restocking fee on all Products returned. All returns and/or exchanges are in accordance to the 30 Day Guarantee which you have read. There are absolutely no returns for software.
6. PAYMENT. You agree to make the payments set forth in the invoice for the Products. Unless otherwise agreed by CTC, payment must be received in full prior to shipping out the Product to You. This includes any time delays that there may be with money orders, cashiers checks, personal checks, business checks, bank wire transfer or credit card transactions. If your check is return due to insufficient funds available, CTC will charge a $20 fee.
7. INTERNATIONAL. Any Product orders that are to be delivered outside the continental United States (50 states) are subject to certain terms and conditions that supersede all terms and conditions contained in this Agreement, except this Section 7. International orders are an "at-will" orders and have no guarantees, warranty or support. All sales are final. Once CTC delivers the Products to the freight/shipping company, the title of the Products as well as the risk of loss or damage will transfer to the purchaser. We cannot guarantee successful delivery or working status once it leaves our facilities in the United States. Purchaser is responsible for all customs/taxes/duties/fees associated with receiving the goods inside your country.
8. SOFTWARE AND INTELLECTUAL PROPERTY. All software contained within the Product, which is provided to You, is subject to the software license agreement that is part of the package or shown during installation of the software. You agree to be bound by any such software licenses by opening the package or installing and/or using the software. Any warranty related to such software shall be provided solely within such license agreement. CTC hereby retains for itself all other rights, title, and interest in and to all intellectual property in the Products sold and any products or software or other deliverable created during performance of the services, including without limitation, worldwide copyright, trade secret, patient, trademark, and any other proprietary rights. All software purchases from CTC are final, whether part of the Product or separate, with absolutely no exchange or refund of any kind under any circumstance.
9. WEBSITE. The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any or all parts of the Website or because of a failure, suspension or withdrawal of all or part of the Website. We reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website. We may alter these terms and conditions from time to time, and your use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website. We are not responsible for the availability of any external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website). You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
10. COPYRIGHT. All of the images and text found on the Website have copyright laws within them. You or any party that uses the Website will not have access and cannot download any of the information or images. If you want to download the articles for personal use or for any other reason, you may request approval to firstname.lastname@example.org. You can link directly to the articles found on the Website, but you cannot use any part of the articles for any reason, whether personal or commercial without authorization from Us.
11. WARRANTY. You agree and are bound to every aspect of the CTC warranty (a separate document) which contains among other things CTC’s limitation of liability.