TekramOnline.com Policies and Terms
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PLEASE READ THIS DOCUMENT CAREFULLY! THESE TERMS & CONDITIONS BELOW APPLY TO ALL YOUR PURCHASES FROM TekramOnline.com. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LEGAL LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU. By accepting delivery of any product delivered from TekramOnline.com ("TekramOnline.com"), you ("Customer") agree to be bound by the terms and conditions listed below. You and TekramOnline.com agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and TekramOnline.com. 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 TekramOnline.com.
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Copyright 2005 Tekram Systems Co., Ltd. All Rights Reserved
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1. TekramOnline.com REFUND GUARANTEE
TekramOnline.com offers our customers a 15-day satisfaction replacement or refund guarantee on all purchases.
However, to take advantage of TekramOnline.com's return guarantee policy, Customer agrees to comply with
TekramOnline.com's Product Return Procedure as set forth below. Any breach of TekramOnline.com's Return Policy
Procedure will result in the loss of TekramOnline.com's replacement/return guarantee. Furthermore, all return
shipments not in compliance with these instructions will be rejected.
Product Return Procedure:
To return a product based upon TekramOnline.com's replacement/return guarantee, you must call or e-mail our
Returns Department and obtain a Return Merchandise Authorization ("RMA") number within the guarantee return
period for the product (described above). TekramOnline.com will not accept returns without prior authorization and
an RMA number. Once issued, RMA numbers are valid for 15 days within which return products must be received by
TekramOnline.com. RMA numbers will not be extended or reissued. Customer should prominently display the RMA
number(s) on the shipping label of boxes containing the returned product.
Customer is solely responsible for shipping any returned product to TekramOnline.com. Customer agrees to use
only reputable carries capable of providing proof of delivery and insurance for the entire value of the shipment.
Customer agrees to bear all shipping charges and all risk of loss for the return product during shipment. Customer
agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original
packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer. If any
component of the returned product is missing, TekramOnline.com's Return Procedure will be breached and
TekramOnline.com will reject the entire return or may choose to impose additional charges against the customer for
replacement of the missing component.
TekramOnline.com will not refund to Customer the original shipping charges. In addition, TekramOnline.com will
assess a 15% restocking fee against the Customer's account on all non-defective returns for refund.
2. WARRANTY
TekramOnline.com warranty only covers normal customer use and does not cover damages incurred during
shipping or failure due to the alteration, misuse, abuse, or improper handling and or maintenance of products. Each
device varies on warranty period, check your documentation that came with the product for warranty period.
All cables sold on TekramOnline.com have a warranty of 30 days from the date of purchase.
3. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES TekramOnline.com's MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF
THE PRODUCTS SOLD. TekramOnline.com 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. TekramOnline.com SHALL NOT BE LIABLE
FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS,
INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER
OR NOT TekramOnline.com IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
4. GENERAL TERMS AND CONDITIONS
Payment Terms; Orders: An order is not binding upon TekramOnline.com until it is accepted; TekramOnline.com
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
TekramOnline.com. 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 TekramOnline.com invoice.
Price Protection: Our website is updated frequently to ensure that you'll view the latest products and pricing
available, and that you receive all of the latest savings. At the time you make a purchase you agree to the listed price.
We are unable to make a price adjustment if the price has changed, after an order has shipped. However, if you
notify TekramOnline.com prior to the shipment of your order, we would be happy to make the price adjustment for
you. Unfortunately, TekramOnline.com does not offer price matching for competitors.
Title; Risk of Loss: TekramOnline.com 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. TekramOnline.com reserves a purchase money security interest in the
product(s) until its receipt of the full amount due. Customer agrees to allow TekramOnline.com to sign appropriate
documents on Customer's behalf to permit TekramOnline.com 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.
TekramOnline.com will advise Customer of estimated shipping dates, but TekramOnline.com 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
TekramOnline.com 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. TekramOnline.com and Customer
consent to the exclusive jurisdiction and the venue of the State Courts of the State of California, Orange 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 Tekram USA 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 un-enforceability 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 TekramOnline.com's invoice respecting the
products ordered by Customer, are the complete and exclusive agreement between TekramOnline.com and
Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings,
representations, conditions, warranties, and all other communications between TekramOnline.com 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.
1 Refurbished products are products that contain components that have been owned by other clients and returned
to TekramOnline.com.
