Terms and Conditions

The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order indicates acceptance of these terms and conditions. These terms and conditions shall supercede any subsequent terms or conditions included with any purchase order reserves the right to make changes to this site and these terms and conditions at any time.

PLEASE READ THESE TERMS AND CONDITIONS VERY CAREFULLY.

THE TERMS AND CONDITIONS ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.

BY ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN Marcom Computers’S INVOICE OR OTHER Marcom Computers DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS UNLESS CUSTOMER AND Marcom Computers HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN.

Changes to the Terms and Conditions
Marcom Computers may change these terms and conditions of use at any time, without prior notice. If you access or use the Web site after Marcom Computers posts a change, you accept that change. If you do not accept the change, do not access or use the Web site. You should check these terms and conditions of use periodically.

Important Information about These Terms and Conditions
These terms and conditions constitute a binding contract between Customer and Marcom Computers. Customer accepts these terms and conditions by making a purchase, placing an order or otherwise shopping on Marcom Computers's Website (the "Site"). These terms and conditions are subject to change without prior notice, except that the terms and conditions posted on the Site at the time Customer initially places or modifies an order will govern the order in question.

These terms and conditions constitute the entire agreement between Customer and Marcom Computers relating to the terms and conditions of sale of products and services on the Site. Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Marcom Computers at the address provided below.

Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. Customer agrees that the terms and conditions of sale contained herein and in Marcom Computers’s invoice or other documentation will control. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these terms and conditions or any purchase order or invoice related thereto.
 

Governing Law
THESE TERMS AND CONDITIONS AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN ORANGE COUMTY, CALIFORNIA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN ORANGE COUNTY, CALIFORNIA AND SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING.

 

Warranties
Customer understands that Marcom Computers is not the manufacturer of the components of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Marcom Computers. In purchasing the products, Customer is relying on the manufacturer’s specifications only and is not relying on any statements, specifications in brochures, photographs or other illustrations representing the products that may be provided by Marcom Computers. In connection with services, neither affiliates of Marcom Computers nor third party service providers are agents of Marcom Computers and Marcom Computers has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers. Marcom Computers AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF Marcom Computers, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.

Pricing Information; Availability Disclaimer
All pricing is subject to change. Marcom Computers reserves the right to make adjustments to pricing, products and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes and errors in advertisements. All orders are subject to product availability. Therefore, Marcom Computers cannot guarantee that it will be able to fulfill Customer’s orders.

Limitation of Liability
NEITHER Marcom Computers NOR ITS AFFILIATES WILL BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. NEITHER Marcom Computers NOR ITS AFFILIATES WILL BE LIABLE FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES PROVIDED DIRECTLY BY Marcom Computers OR ITS AFFILIATES, NEITHER Marcom Computers NOR ITS AFFILIATES ARE LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE CLAIM.

Marcom Computers will not be responsible for any delays in delivery which result from any circumstances beyond its control, including without limitation, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, general insurrection, acts of God or acts of any government or agency.

Arbitration
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to the products or services sold pursuant to these terms and conditions, the interpretation or application of these terms and conditions of sale or the breach, termination or validity thereof, the relationships which result from these terms and conditions of sale (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or Marcom Computers's advertising and marketing (collectively, a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF Marcom Computers, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association, with offices in Los Angeles, CAlifornia. If arbitration is chosen by any party with respect to a Claim, neither Marcom Computers nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties. Notwithstanding any choice of law provision included in these terms and conditions of sale, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place in Los Angeles, California. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential.

Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Marcom Computers until accepted by Marcom Computers. Terms of payment are within Marcom Computers's sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Marcom Computers may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1 1/2%) per month or at the highest rate allowed by law. Customer is responsible for, and will indemnify and hold Marcom Computers harmless from, any applicable sales, use or other taxes associated with the order. Customer must claim any exemption from tax at the time of purchase and provide the necessary supporting documentation. Any sales, use or other applicable tax is based on the location to which the order is shipped. In the event of a payment default, Customer will be responsible for all of Marcom Computers’s costs of collection, including court costs, filing fees and attorney’s fees.

Return Privileges

Please contact Marcom Computers Customer Relations at rma@Marcom Computers.com and file out the Online RMA Form, 24 hours a day, 7 days a week to obtain a Return Merchandise Authorization (RMA) before shipping product back to Marcom Computers. This will expedite and help ensure the proper action or credit upon processing.

• CPU and Memory products may not be returned for credit/refund Please return all products 100% complete including all original manufacturer boxes with the UPC code and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment. RMA approval is contingent upon, among other things, the products being 100% complete.
• Customer is responsible for shipping charges to Marcom Computers’s distribution center for all products being shipped for return, exchange or replacement. Products exchanged or replaced will be shipped by Marcom Computers to Customer, at Marcom Computers’s expense, using the same shipping method as was used by Marcom Computers to ship the original products to customer.
• Customer is responsible for all risk of loss and damage to products being shipped for return, exchange or replacement. Please fully insure return shipment in case of loss or damage. Please use a carrier that is able to provide you with proof of delivery such as UPS, Federal Express or Airborne Express. This is for your protection as well as to ensure quick action on your return.
• Return privileges vary by manufacturer. Please contact rma@Marcom Computers.com for details. Thank you for your past and future business with Marcom Computers.COM.
• Return shipping address:
  Marcom Computers
  Attn: RMA Department
  (Place your RMA number on this line)
  610 Lunar Avenue
  Brea, CA 92

Failure to return a product within the applicable return period will be deemed to be an acceptance of the product.

Damaged Products
If Customer receives damaged products, please refuse the products upon original delivery attempt. If damaged products are accepted from the carrier, such damage should be noted on the carrier delivery record. Please save the product and the original box and packaging and notify Marcom Computers.COM immediately to arrange for a carrier inspection and a pick up of damaged products. Please notify Marcom Computers.COM Customer Relations at rma@Marcom Computers.com of damaged products WITHIN THE FIRST 10 DAYS of receipt. Timely receipt of this information is necessary for Marcom Computers.COM to file a damage claim.
 

Marcom Computers©2005Trade/service marks are the property of Marcom Computers its subsidiaries. All product names are trademarks of their respective companies.Some products may not be available in all states. Services and pricing subject to change without notice