Navigating the Terms and Conditions of Sale: A Buyer's Perspective

All sales of servers, hardware, equipment, and other computer products (“Products”) by Tech Part Store (“Tech Part Store”) are governed exclusively by these Terms and Conditions of Sale (“Terms and Conditions”) and not by any purchase order or other document from the 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 conflicting terms shall not be deemed a waiver. Neither Tech Part Store nor the Buyer is bound by any terms and conditions imprinted or embedded in orders, acknowledgments, or other communications unless specifically agreed upon in writing by a duly authorized representative of Tech Part Store.

Prices: Quotations, unless previously withdrawn, are open for acceptance by Tech Part Store within 7 days from the quotation date and are subject to the approval of the Buyer’s credit.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, a valid, signed certificate or letter of exemption must be provided 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 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 upon, payment must be received prior to acceptance of an order. Invoices are due on demand and must be paid without offset or deduction within the time period noted on the 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. The Buyer shall also be responsible for all reasonable legal fees, costs, and expenses incurred by Tech Part Store if late payment results in collection efforts. Tech Part Store has the absolute discretion to apply any payment received from the Buyer towards any indebtedness of the 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. The 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. The Buyer must notify Tech Part Store in writing of nondelivery of products or receipt of nonconforming or damaged products within 3 days of the delivery date. Delivery to the 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.

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Risk of Loss, Title to Products, and Security Interest: All Products are shipped “Ex Works” Miami (per Incoterms 2000). Tech Part Store will select a carrier, who is not its agent, in the absence of specific shipping instructions. Such instructions shall not change the “Ex Works” terms of shipping, and Tech Part Store will have no liability for such shipment. Title to Products does not pass until Buyer has paid in full. Buyer agrees that Tech Part Store retains a purchase security interest in all Products sold, and any proceeds from their disposition, until the purchase price and any other charges due to Tech Part Store are paid in full. Buyer agrees to execute any financial statements or documents requested by Tech Part Store to protect its security interest. Buyer expressly authorizes Tech Part Store to execute such security documents on Buyer’s behalf and designates Tech Part Store its attorney-in-fact for these limited purposes. In addition to the rights 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 shall be cumulative.

Limited Warranty; Limitation of Liability: Unless otherwise noted, the terms and conditions of the Limited Warranty available at Tech Part Store Warranty are incorporated and made part of these Terms and Conditions.

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). Tech Part Store’s MAXIMUM AGGREGATE LIABILITY 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 at its sole discretion. Such changes will not affect Products ordered by Buyer prior to the change.

Default: Tech Part Store may suspend performance or dissolve the order if Buyer is granted a suspension of payments, declared bankrupt, defaults on obligations, or Tech Part Store fears Buyer cannot meet its obligations. All claims Tech Part Store may have against Buyer will immediately become due in such events.

Not for Export: Buyer is solely responsible for understanding, verifying, and complying with all export and re-export requirements relevant to any Products purchased from Tech Part Store. Buyer shall not export or re-export any Products to any country or individual requiring an export license or approval without first obtaining such. Products shall not be sold, leased, or transferred to End Users engaged in activities of mass destruction.

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’s absolute discretion. Tech Part Store is entitled to recover all costs and profits arising from Buyer’s attempt to cancel.

Law: This warranty is governed by the laws of the state of Texas without giving effect to conflict of law principles. If any term herein is determined to be unenforceable, the remaining terms shall remain in full force and effect. Tech Part Store’s failure to enforce any of these Terms and Conditions shall not be deemed a waiver of any rights.