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All purchases from Comp. Nation Company are subject
to the following terms and conditions:
PLEASE READ THESE TERMS AND CONDITIONS OF SALE
VERY CAREFULLY.
THE TERMS AND CONDITIONS OF SALE 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 COMP. NATION'S INVOICE OR OTHER COMP. NATION
DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS
THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND
COMP. NATION HAVE SIGNED A SEPARATE AGREEMENT, IN WHICH
CASE THE SEPARATE AGREEMENT WILL GOVERN.
Important Information About These Terms and
Conditions of Sale: These terms and conditions
of sale constitute a binding contract between Customer
and Comp.Nation. Customer accepts these terms and conditions
of sale by making a purchase, placing an order or otherwise
shopping on Comp. Nation's website.These terms and conditions
of sale are subject of change without prior notice,
except that the terms and conditions of sale posted
on the Site at the time Customer initially places or
modifies an order will govern the order in question.
These terms and conditions of sale constitute the entire
agreement between Customer and Comp. Nation 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 Comp. Nation at the address provided
below.
Customer agrees that the terms and conditions of sale
contained herein and in Comp. Nation'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
of sale or any purchase order or invoice related thereto.
These Terms of Sale represent the complete and final
agreement between the Customer and Company for the matters
set forth herein, and shall be supplemented only by
the prices, quantity, and descriptions set forth
in Company's Invoice for the relevant sale. Terms contained
in Customer's
purchase orders, offer to buy, terms and conditions,
and the like sale have no
effect.
Shipping/ Title/ Risk of Loss: Shipping
terms are F.O.B. Shipping Point. The Company will arrange
payments for shipping and insurance with the carrier,
but such costs are the responsibility of the Customer.
Delivery times are estimates only and the Company shall
not be liable for delays. If Customer provides Comp.
Nation with Customer's carrier account number or selects
a carrier other than a carrier that regularly ships
for Comp. Nation, title to products and risk of loss
or damage during shipment passes from Comp. Nation to
Customer upon shipment from Comp. Nation's facility.
For all other shipments, title to products and risk
of loss or damage during shipment passes from Comp.
Nation to Customer upon receipt by Customer. Title to
software will remain with the applicable licensor(s).
Comp. Nation retains a security interest in the products
until payment in full is received.
Export Sales: If this transaction
involves an export under the Export Administration Regulations,
the commodities, technology and/or software sold or
distributed under these terms and conditions of sale
exported from the United States by Comp. Nation were
exported in accordance with the Export Administration
Regulations. Diversion, use, export or re-export contrary
to United States law is prohibited. The commodities,
technology and/or software sold or distributed under
these terms and conditions of sale may not be exported
or re-exported to Cuba, Iran, Iraq, Libya, Sudan, North
Korea or Syria or to entities and persons that are ineligible
under United States law to receive United States commodities,
technology and /or software. In addition, manufacturers'
warranties for exported products may vary or may be
null and void for products exported outside the United
States.
Customer Acknowledgement: Customer
acknowledges agreement with these
Terms of Sale by the placement of an order to purchase
a Product from Comp. Nation.
Purchase Price:
(a) Prices are listed in Comp. Nation's catalogs and
website, and are subject to change without notice. Prices
for certain governmental, corporate, and institutional
customers may be set forth in a bid or other written
agreementbetween the parties.
(b) Payment is due at time of shipment, unless credit
terms have been arranged in advance with Comp. Nation's
Credit Department. In suchcase, payment terms shall
be as set forth in the credit agreement.
(c) Comp. Nation may collect sales and use taxes for
orders shipped within the state of Tennessee, unless
Customer provides proof of tax exemption. A tax exempt
certificate must be faxed to Comp. Nation prior to the
order being shipped in order to gain tax exempt status.
Comp. Nation shall not be liable for handling custom
charges for Shipments outside of the United States.
Vender License Agreements: Customer
agrees to abide by all license
provisions or end user agreements impose by the manufacturer
or publisher.
Limited Manufacture's Warranty: Comp.
Nation warrants that it has good title to the hardware
product's it sells, and that it has proper authority
to license the software products it distributes. The
provision of certain discounts, including educational
and governmental discounts, is contingent on customer
providing accurate and truthful information to the Comp.
Nation.
Limitation of Liability: IN NO EVENT
SHALL COMP. NATION BE LIABLE FOR SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED
TO LOSS OF PROFIT OR OPPORTUNITY, CUSTOMER'S SOLE AND
EXCLUSIVE REMEDY IS STATED IN THE MANUFACTURE'S OR PUBLISHER'S
END USER WARRANTY ACCOMPANYING THE PRODUCT. IN NO EVENT
SHALL COMP. NATION'S LIABILTY EXCEED THE REPAIR, REPLACEMENT
OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM COMP.
NATION. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR
LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY
SO THE ABOVE DISCLAIMERS MAY NOT APPLY. CUSTOMER MAY
ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES
THAT VARY FROM STATE TO STATE.
Returns:
(a) To return a product to Comp. Nation, you will
need to request a Return Merchandise Authorization
(RMA) number by your Comp. Nation sales representative.
Product(s) returned to Comp. Nation without an approved
RMA# will be refused. Please note, a 20% restocking
fee will apply on all returned/ exchanged items.
(b) Comp. Nation will need the following information
to authorize your return:
- Customer name
- Invoice number
- Item part number(s)
- The number of items being returned
- Whether the product box has been opened
- Nature of the problem
(c) In general, Comp. Nation accepts returns on merchandise
from select manufacturers within 30 days from the
invoice date. If the product is accepted after 30
days, credit will be issued toward FUTURE PURCHASES
ONLY. Original shipping charges are not refunded on
returned items. Customers are responsible for all
shipping charges back to Comp. Nation on returned
items, and Comp. Nation will pay the shipping Charges
on the replacement or exchange item(s) going back.
(d) Returns within 30 days from the invoice date
can be for exchange, and the replacement refund or
credit at Comp. Nation's discretion, and a 20% restocking
fee will apply. Please be aware that specific manufacturers
have more restrictive return policies.
(e) If your return merchandise is accepted, we will
post a credit to your account within 24 hours from
the time that we receive the product(s) in our distribution
center. Each return is credited in the same manner
as payment.
(f ) Please return all products 100% complete including
all original manufacturer boxes with 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. Do
not put any labels or markings on the outside of the
original product packaging. Item must be packaged
within an appropriate shipping carton with the RA
# and shipping label on the outside of the shipping
carton (Not the outside of the original product package).
(g) Customer is responsible for shipping charges to
Comp. Nation 's distribution center for all products
being shipped for return, exchange or replacement.
Products exchanged or replaced, due to damage, will
be shipped by Comp. Nation to customer, at Comp. Nation's
expense, using the same shipping method as was used
by customer to ship the original
products back to Comp. Nation.
(h) 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 of 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.
(i) Return Privileges vary by manufacturer. Please
contact Comp. Nation
Customer Relations at (615) 467-6573 for details.
Thank you for your
past and future business with Comp. Nation.
- Return Shipping Address:
Comp. Nation
Attn: RMA #
1710 General George Patton Drive
Suite 103
Brentwood, Tennessee 37027
(j) Failure to return a product within the applicable
return period (30 days) will be deemed to be an acceptance
of the product.
(k) Damaged Products
If a customer receives damaged products, such damage
should be noted with carrier immediately. Please save
the product and the original box and packaging and
notify Comp. Nation immediately by calling your sales
representative (original package may be needed for
claim). Please notify Comp. Nation WITHIN THE FIRST
10 DAYS of receipt, timely receipt of this information
is necessary for Comp. Nation to file a damage claim.
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
of sale, 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 Comp. Nation's advertising and marketing (collectively,
a "Claim") WILL BE RESOLVED, UPON THE ELECTION
OF COMP. NATION, 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. If arbitration
is chosen by any party with respect to a Claim, neither
Comp. Nation nor Customer will have the right to litigate
the 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. Further, Customer
will not have the right to participate as a representative
or member of any class of claimants pertaining to any
Claim. 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 Nashville, Tennessee. 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. Notwithstanding anything
to the contrary contained herein, all matters pertaining
to the collection of amounts due to Comp. Nation arising
out of sales hereunder will be exclusively litigated
in court rather than through arbitration.
General:
(a) Comp. Nation shall not be responsible for damages
or delays resulting from Acts of God, and from other
actions, both Governmental and otherwise, including
but not limited to war, riot, seizure, and embargo.
(b) These Terms of Sale may be modified from time
to time by Comp. Nation without notice, and are current
as of the date of the then current catalog or web
site. Please refer to the current catalog or web site.
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