Legal

Standard Terms of Sale and Limited Warranty Agreement

 

This Agreement applies to any order, purchase, receipt, delivery or use of any products and services (collectively, "purchase") from AllTech Solutions, Inc. (ATSi) or any of its subsidiaries or affiliates unless you enter into a separate written agreement with ATSi. THIS AGREEMENT APPLIES TO YOUR PURCHASE UNLESS YOU NOTIFY ATSi IN WRITING THAT YOU DO NOT AGREE TO THIS AGREEMENT WITHIN 15 DAYS AFTER YOU RECEIVE THIS AGREEMENT AND YOU RETURN YOUR PRODUCT OR CANCEL SERVICES UNDER ATSi'S REFUND POLICY.

 

1. Payment Terms.

Advertised prices are in U.S. dollars and exclude shipping, handling and taxes unless otherwise noted. You are responsible for paying all taxes associated with your order. ATSi may change prices without notice to you before ATSi enters your order and may modify and substitute products and components without notice to you prior to shipping. Payment is due at the time stated in your invoice or when product is shipped unless ATSi has extended credit to you. Amounts not paid when due bear interest at the rate of 1.5% per month (18% per annum) or the highest rate allowed under applicable law, whichever is lower. If you financed your purchase, the loan or lease transaction is between you and your lender, independent of your purchase from ATSi, except that ATSi may, at the request of your lender, withhold technical and warranty support and other services from you.

 

2. Shipping and Title.

ATSi will arrange to ship products to you. Title to products passes to you when ATSi delivers them to the shipper and risk of loss passes to you when the shipper delivers products to the address you designate. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software. You must notify ATSi of damaged or  missing items from your order within 30 days after you receive your product.

 

3. Technical Support.

ATSi will provide technical support for defective ATSi-branded products at no additional charge for 30 days from the date of shipment or invoice or, if longer, the period stated in your service agreement. For ATSi-branded personal computers and servers, the scope of technical support consists of helping you reinstall the operating system and factory-installed software and restore it to the original factory configuration. Technical support for issues beyond the scope of this basic technical support may be available under other service packages. ATSi provides technical support via e-mail, dial-in, telephone and other methods. ATSi may change the means through which it provides technical support at any time. ATSi does not guarantee that software will be free from errors, either in isolation or in combination with hardware.

 

4. Product Warranty.

ATSi warrants to the original purchaser or, for products purchased from a Reseller, to the original end-user that ATSi-branded products will be free from defects in materials and workmanship from the date of shipment for 30 days from the date of shipment or invoice or, if longer, the period stated in the product manual or your service package. During the warranty period, ATSi will, at its option: (1) provide replacement parts necessary to repair the product, (2) replace the product with a comparable product, or (3) refund the amount you paid for the product, LESS DEPRECIATION, upon its return. ATSi or a third party service provider, under a separate agreement between you and the service provider, will provide labor to resolve warranty issues during your warranty period. Repair services are available at your location only if provided as part of the service package you purchased. ATSi will determine how and where repair services are provided. Replacement parts or products will be new or serviceably used, comparable in function and performance to the original part or product, and warranted for the remainder of the original warranty period or, if longer, 30 days after they are shipped to you. You authorize ATSi to send replacement parts and products to an authorized third party service provider. Purchasing additional products from ATSi does not extend your warranty period. To obtain service under this limited warranty, you must follow ATSi's warranty procedures. If ATSi asks you to return defective parts or products, you must do so within 7 days after you receive the replacement parts or products. ATSi will charge you for replacement parts or products if you fail to do so. ATSi will arrange to ship replacement parts or products to and from you, and will pay the shipping costs. THIS LIMITED WARRANTY COVERS NORMAL USE. ATSI DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, VIRUSES, UNAUTHORIZED SERVICE OR PARTS, OR THE COMBINATION OF ATSI BRANDED PRODUCTS WITH OTHER PRODUCTS. THIS LIMITED WARRANTY DOES NOT COVER SOFTWARE OR NON-ATSI BRANDED PRODUCTS. ANY WARRANTY APPLICABLE TO SOFTWARE OR NON-ATSI BRANDED PRODUCTS IS PROVIDED BY THE ORIGINAL MANUFACTURER.

 

5. Services and Service Warranty.

The terms of services provided to you by ATSi consist of this Agreement and the additional terms stated in separate services descriptions provided by ATSi. For a period of 30 days after services are performed, ATSi warrants that services provided by it will be performed in a professional and workmanlike manner. You should back up all files before services are performed. ATSI IS NOT RESPONSIBLE FOR ANY LOSS OF YOUR DATA.

 

6. Disclaimer of Warranties; Limitation of Liability.

EXCEPT FOR THE WARRANTIES EXPRESSED IN THIS AGREEMENT, ATSI DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THIS AGREEMENT. ATSI'S AND YOUR MAXIMUM LIABILITY TO THE OTHER IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR PRODUCTS OR SERVICES PLUS INTEREST AS ALLOWED BY LAW. NEITHER YOU NOR ATSI IS LIABLE TO THE OTHER IF YOU OR IT ARE UNABLE TO PERFORM DUE TO EVENTS YOU OR IT ARE NOT ABLE TO CONTROL, SUCH AS ACTS OF GOD, OR FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

 

7. General.

You may not assign this Agreement without ATSi's written consent. AllTech Solutions, Inc. and its subsidiaries and affiliates are intended beneficiaries of this Agreement. If there is any inconsistency between this Agreement and any other agreement included with or relating to products or services purchased from ATSi, this Agreement shall govern. This Agreement may not be modified, altered or amended without the written agreement of ATSi. Any additional or altered terms attached to your order shall be null and void, unless expressly agreed to in writing by ATSi. If any term of this Agreement is illegal or non enforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired. This Agreement shall be interpreted under the laws of the State of Illinois, without giving effect to conflicts of law rules.

 

Privacy Notice.

ATSi respects our customers' right to privacy and will take all appropriate steps to keep your personal information confidential. You can review ATSi's Privacy Policy on our web site. The Privacy Policy also explains how you can update your information and elect not to receive email marketing solicitations from ATSi. In addition, ATSi obtains customer information from other companies that provide products and services to our customers. By purchasing, registering for or using other companies' products and services that are distributed by ATSi, you agree that these companies may transfer your customer information to ATSi. ATSi will maintain and use your customer information in accordance with its Privacy Policy.

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