New Accounts & Forms: Terms and Conditions of Sale

Terms & Conditions

All sales of servers, hardware, equipment, and other computer products (“Products”) by techpartstore.com (“Tech part store”) shall be made only upon these Terms and Conditions of Sale (“Terms and Conditions”) and NOT any purchase order or other document of Buyer. By PLACING AN ORDER FOR PRODUCT(S), the BUYER ACCEPTS AND IS BOUND BY THESE TERMS AND CONDITIONS. Tech part store’s failure to object to any terms that conflict with these Terms and Conditions shall not be deemed a waiver or objection thereto. NEITHER Tech part store NOR THE BUYER IS BOUND BY ANY TERMS AND CONDITIONS IMPRINTED OR IMBEDDED IN ORDERS, ORDER ACKNOWLEDGEMENTS, OR OTHER COMMUNICATIONS BETWEEN THE PARTIES UNLESS SPECIFICALLY AGREED UPON IN WRITING BY A DULY AUTHORIZED REPRESENTATIVE OF

Prices. Quotations, unless previously withdrawn, are only open for acceptance by Tech part store within 3 days from the quotation date and are subject to the approval of the Buyer’s credit. Prices quoted do not include shipping, handling, and taxes. If the Buyer claims any exemption, the Buyer must provide a valid, signed certificate or letter of exemption for each respective jurisdiction. All prices are subject to adjustment due to errors, omissions, specifications, quantities, materials, cost of production, shipment arrangements, or other terms and conditions which are not part of Tech part store’s original price quotation. Tech part store may cancel orders at any time, at its sole discretion.

Payment. Payment terms are at Tech part store’s sole discretion, and unless otherwise agreed to by Tech part store, payment must be received prior to Tech part store’s acceptance of an order. Invoices are due on demand and shall be paid without offset or deduction within the time period noted on Buyer’s invoice, measured from the date of the invoice. Interest at 10% per annum (or the maximum rate allowed by law if less) will be payable on any amount outstanding for longer than 30 days. Buyer shall also be responsible for all reasonable legal fees, costs, and expenses incurred by Tech part store if Buyer’s late payment results in collection efforts. Tech part store shall also be entitled in its absolute discretion to apply any payment received from Buyer to Tech part store towards any indebtedness of Buyer, whether under this or any other agreement.

Delivery and Time. Delivery dates quoted by Tech part store are best estimates only and time is expressly not of the essence. Late or partial delivery does not entitle the Buyer to cancel the order. Buyer acknowledges that Tech part store will not be liable for any damage or injury arising from a delay in delivery. In the event of delivery by installments, the Buyer is not entitled to treat the delivery of faulty Products in any one installment as a repudiation of the entire agreement. Buyer must notify Tech part store in writing of the non-delivery of Products, or receipt of nonconforming or damaged Products within 3 days of the delivery date. Delivery to Buyer occurs when Products are delivered to the Buyer, the carrier, or the Buyer’s agent at Tech part store’s facility, whichever occurs first.

Risk of Loss, Title to Products, and Security Interest. All Products are shipped “Ex Works” Houston (per Incoterms 2000). In the absence of instructions as to shipping, Tech part store will select a carrier who is not its agent. Such instructions shall not change the “Ex Works” terms of shipping, and Tech part store will have no liability for such shipment. The title to Products does not pass until the Buyer has paid for Products in full. Buyer agrees that Tech part store shall retain a purchase security interest in all Products which it has sold to Buyer, and any proceeds from the disposition of the Products until the purchase price and any other charges due to Tech part store have been paid in full. Buyer agrees to execute any financial statements or other documents that Tech part store may request to protect Tech part store’s security interest. Buyer expressly authorizes Tech part store to execute such security documents on Buyer’s behalf and hereby designates Tech part store its attorney-in-fact for such limited purposes. In addition to the rights and remedies granted by these Terms and Conditions, Tech part store shall have all rights and remedies of a secured party under the Uniform Commercial Code, which rights shall be cumulative.

Except as specifically provided herein, Tech part store MAKES NO WARRANTY, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR INTENDED PURPOSE OR USE, NON-INFRINGEMENT OR ORIGINALITY. IN NO EVENT SHALL Tech part store BE LIABLE FOR ANY CLAIMS ALLEGING NEGLIGENCE OR WORSE OR FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DOWNTIME COSTS OR LOSS OF USE, INCOME, DATA, PROFITS, OPPORTUNITY, OR GOODWILL) NOR SHALL Tech part store BE LIABLE FOR ANY DAMAGE TO OTHER PRODUCTS, REGARDLESS OF WHETHER OR NOT Tech part store HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Tech part store’S MAXIMUM AGGREGATE LIABILITY HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE.

Changes. Tech part store may modify, revise or cancel its Limited Warranty, Return Policies, or these Terms and Conditions from time to time, at its sole discretion, and such change will not affect the Product ordered by Buyer before the date of such change.

Default.Tech part store shall be entitled to suspend any (further) performance of an order or to dissolve the order or agreement, without prejudice to its right to claim alternative or additional damages, if Buyer is granted a suspension of payments or is declared bankrupt; if Buyer defaults in complying with one or more of its obligations to Tech part store; or if Tech part store fears that Buyer is or will be unable to meet its obligations under the agreement and Buyer fails to offer adequate security for the performance of its obligations within the period indicated by Tech part store. If one of the events referred to in this article occurs, all claims Tech part store may have against Buyer on whatever basis will immediately become due.

Not for Export. It is the sole and exclusive responsibility of the Buyer to understand, verify and comply with all export and re-export requirements relevant to any Products purchased or received from Tech part store. Buyer agrees and confirms that Buyer shall not export or re-export, directly or indirectly, any Products, including any items incorporating such Products, to any country (including but not limited to, CUBA, LIBYA, IRAN, NORTH KOREA, SUDAN, SYRIA), destination, or individual (including those on the U.S. Department of Commerce, Bureau of Industry and Security “Entity List” and other lists of denied parties) for which the U.S. Government or any agency thereof requires an export license or other approval for export or re-export, without first obtaining such license or approval. In addition, Products shall not be sold, leased, transferred to, or used by an End User engaged in activities of mass destruction, or related to the design, development, or use of nuclear materials, nuclear facilities, nuclear weapons, or chemical or biological weapons.

Returns and Cancellations. Requests to cancel or reschedule orders must be agreed to in writing and may or may not be accepted at Tech part store absolute discretion. Without waiving any of its rights, Tech part store is entitled to recover all its costs and profits arising out of Buyer’s attempt to cancel.

Law. This warranty is governed by the laws of the state of Texas without giving effect to the principles of conflicts of law. If any of the terms set forth herein is determined to be unenforceable, the other terms and conditions shall remain in full force and effect. Failure of Tech part store to enforce any of these Terms and Conditions shall not be deemed a waiver of any of Tech part store’s rights and shall not affect the validity of the sale or these Terms and Conditions.

Prices. Quotations, unless previously withdrawn, are only open for acceptance by Tech part store within 3 days from the quotation date and are subject to the approval of the Buyer’s credit. Prices quoted do not include shipping, handling, and taxes. If the Buyer claims any exemption, the Buyer must provide a valid, signed certificate or letter of exemption for each respective jurisdiction. All prices are subject to adjustment due to errors, omissions, specifications, quantities, materials, cost of production, shipment arrangements, or other terms and conditions which are not part of ITech part store’s original price quotation. Tech part store may cancel orders at any time, at its sole discretion.
Payment. Payment terms are at Tech part store’s sole discretion, and unless otherwise agreed to by Tech part store, payment must be received prior to Tech part store’s acceptance of an order. Invoices are due on demand and shall be paid without offset or deduction within the time period noted on Buyer’s invoice, measured from the date of the invoice. Interest at 10% per annum (or the maximum rate allowed by law if less) will be payable on any amount outstanding for longer than 30 days. Buyer shall also be responsible for all reasonable legal fees, costs, and expenses incurred by Tech part store if Buyer’s late payment results in collection efforts. Tech part store shall also be entitled in its absolute discretion to apply any payment received from Buyer to Tech part store towards any indebtedness of Buyer, whether under this or any other agreement.
Delivery and Time. Delivery dates quoted by Tech part store are best estimates only and time is expressly not of the essence. Late or partial delivery does not entitle the Buyer to cancel the order. Buyer acknowledges that Tech part store will not be liable for any damage or injury arising from a delay in delivery. In the event of delivery by installments, the Buyer is not entitled to treat the delivery of faulty Products in any one installment as a repudiation of the entire agreement. Buyer must notify Tech part store in writing of the non-delivery of Products, or receipt of nonconforming or damaged Products within 3 days of the delivery date. Delivery to Buyer occurs when Products are delivered to the Buyer, the carrier, or the Buyer’s agent at Tech part store’s facility, whichever occurs first.
Risk of Loss, Title to Products, and Security Interest. All Products are shipped “Ex Works” Houston (per Incoterms 2000). In the absence of instructions as to shipping, Tech part store will select a carrier who is not its agent. Such instructions shall not change the “Ex Works” terms of shipping, and Tech part store will have no liability for such shipment. The title to Products does not pass until the Buyer has paid for Products in full. Buyer agrees that Tech part store shall retain a purchase security interest in all Products which it has sold to Buyer, and any proceeds from the disposition of the Products until the purchase price and any other charges due to Tech part store have been paid in full. Buyer agrees to execute any financial statements or other documents that Tech part store may request to protect Tech part store’s security interest. Buyer expressly authorizes Tech part store to execute such security documents on Buyer’s behalf and hereby designates Tech part store its attorney-in-fact for such limited purposes. In addition to the rights and remedies granted by these Terms and Conditions, Tech part store shall have all rights and remedies of a secured party under the Uniform Commercial Code, which rights shall be cumulative.
Except as specifically provided herein, Tech part store MAKES NO WARRANTY, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR INTENDED PURPOSE OR USE, NON-INFRINGEMENT OR ORIGINALITY. IN NO EVENT SHALL Tech part store BE LIABLE FOR ANY CLAIMS ALLEGING NEGLIGENCE OR WORSE OR FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DOWNTIME COSTS OR LOSS OF USE, INCOME, DATA, PROFITS, OPPORTUNITY, OR GOODWILL) NOR SHALL Tech part store BE LIABLE FOR ANY DAMAGE TO OTHER PRODUCTS, REGARDLESS OF WHETHER OR NOT Tech part store HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Tech part store’S MAXIMUM AGGREGATE LIABILITY HEREUNDER SHALL NOT EXCEED THE PURCHASE PRICE.
Changes. Tech part store may modify, revise or cancel its Limited Warranty, Return Policies, or these Terms and Conditions from time to time, at its sole discretion, and such change will not affect the Product ordered by Buyer before the date of such change.
Default. Tech part store shall be entitled to suspend any (further) performance of an order or to dissolve the order or agreement, without prejudice to its right to claim alternative or additional damages, if Buyer is granted a suspension of payments or is declared bankrupt; if Buyer defaults in complying with one or more of its obligations to Tech part store; or if Tech part store fears that Buyer is or will be unable to meet its obligations under the agreement and Buyer fails to offer adequate security for the performance of its obligations within the period indicated by Tech part store. If one of the events referred to in this article occurs, all claims Tech part store may have against Buyer on whatever basis will immediately become due.
Not for Export. It is the sole and exclusive responsibility of the Buyer to understand, verify and comply with all export and re-export requirements relevant to any Products purchased or received from Tech part store. Buyer agrees and confirms that Buyer shall not export or re-export, directly or indirectly, any Products, including any items incorporating such Products, to any country (including but not limited to, CUBA, LIBYA, IRAN, NORTH KOREA, SUDAN, SYRIA), destination, or individual (including those on the U.S. Department of Commerce, Bureau of Industry and Security “Entity List” and other lists of denied parties) for which the U.S. Government or any agency thereof requires an export license or other approval for export or re-export, without first obtaining such license or approval. In addition, Products shall not be sold, leased, transferred to, or used by an End User engaged in activities of mass destruction, or related to the design, development, or use of nuclear materials, nuclear facilities, nuclear weapons, or chemical or biological weapons.
Returns and Cancellations. Requests to cancel or reschedule orders must be agreed to in writing and may or may not be accepted at Tech part store absolute discretion. Without waiving any of its rights, Tech part store is entitled to recover all its costs and profits arising out of Buyer’s attempt to cancel.
Law. This warranty is governed by the laws of the state of Texas without giving effect to the principles of conflicts of law. If any of the terms set forth herein is determined to be unenforceable, the other terms and conditions shall remain in full force and effect. Failure of Tech part store to enforce any of these Terms and Conditions shall not be deemed a waiver of any of Tech part store’s rights and shall not affect the validity of the sale or these Terms and Conditions.