Terms & 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 Computer Exchange's INVOICE OR OTHER Computer Exchange DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS OF SALE UNLESS CUSTOMER AND Computer Exchange 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 Computer Exchange. Customer accepts these terms and conditions of sale by making a purchase, placing an order or otherwise shopping on Computer Exchange' Website (the "Site"). These terms and conditions of sale are subject to 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 Computer Exchange relating to the terms and conditions of sale of products and services on the Site. All sales are retail and not for resale. 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 Computer Exchange 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 Computer Exchange'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.
Governing Law
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT IN FULTON COUNTY, GEORGIA AND CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN FULTON COUNTY, GEORGIA 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.
Risk of Loss
If Customer provides Computer Exchange with Customer's carrier account number or selects a carrier other than a carrier that regularly ships for Computer Exchange, title to products and risk of loss or damage during shipment passes from Computer Exchange to Customer upon shipment from Computer Exchange's facility. For all other shipments, title to products and risk of loss or damage during shipment passes from Computer Exchange to Customer upon receipt by Customer. Title to software will remain with the applicable licensor(s). Computer Exchange retains a security interest in the products until payment in full is received. Customer will be responsible for all shipping and related charges.
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 Computer Exchange 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.
Warranties
Customer understands that Computer Exchange is not the manufacturer of the products purchased by Customer hereunder and the only warranties offered are those of the manufacturer, not Computer Exchange. 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 Computer Exchange. In connection with services, neither affiliates of Computer Exchange nor third party service providers are agents of Computer Exchange and Computer Exchange has no obligation or liability arising from any services performed by or any warranty, if any, made by, such service providers. Computer Exchange 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 Computer Exchange, 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. Computer Exchange 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, Computer Exchange cannot guarantee that it will be able to fulfill Customer's orders.
Limitation of Liability
NEITHER Computer Exchange 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 Computer Exchange 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 Computer Exchange OR ITS AFFILIATES, NEITHER Computer Exchange 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.
Computer Exchange 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.
Third Party Services
Customer acknowledges and agrees that, in some instances, Computer Exchange and their affiliates are resellers of services and are not the provider of those services. In those cases, the third party service provider is the only party responsible for providing services to Customer. In those cases, Customer will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. Customer hereby releases Computer Exchange and their affiliates from any and all claims arising from or relating to the purchase or provision of any such services by third party service providers. Services may be subject to tax.
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 Computer Exchange's advertising and marketing (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF Computer Exchange, 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 Atlanta, GEORGIA. If arbitration is chosen by any party with respect to a Claim, neither Computer Exchange 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. 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 Atlanta, GEORGIA. 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 Computer Exchange arising out of sales hereunder will be exclusively litigated in court rather than through arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Computer Exchange unless accepted (credit card transactions processed on the site DO NOT constitute acceptance of an order.) by Computer Exchange and we reserve the right to cancel any order for any reason. Terms of payment are within Computer Exchange' sole discretion. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice. Computer Exchange 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 Computer Exchange 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 Computer Exchange' costs of collection, including court costs, filing fees and attorney's fees. All payments by Paypal or wire transfer must be completed within 24 hours of sale. If an order is not paid within the 24 hour window the order will become null and void.
Price Comparisons, "Original Price" and "Your Savings".
Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing."Original Price" is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the original price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at the original price in any particular location or at any particular time."YOUR SAVINGS" reflects the difference between our price and the supplier provided original price shown on our sites. Because the original price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
Consent to Collection, Use & Disclosure of Your Personal Information.
As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to use our Site, register, and make purchases. As a condition of registering with our Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Personally Identifiable Information and Non-Personally Identifiable Information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making initial or subsequent purchases. We reserve the right to change our Privacy Policy’s terms and conditions from time to time without notifying you of these changes.
While Computer Exchange takes reasonable steps to safeguard and to prevent unauthorized access to your personally identifiable information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information, including but not limited to your personally identifiable information. IN NO EVENT SHALL Computer Exchange OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER COMPENSATORY, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER Computer Exchange WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Consent To Our Communication With You By E-Mail.
By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for Computer Exchange to contact you at your e-mail address. To stop receiving our marketing emails, use the following link to unsubscribe:
https://computerexchange.com/index.php?route=account/newsletter
Conditions of Sale and Payment Terms.
To purchase any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state age of majority or be the authorized representative of a corporation, limited liability company, partnership, or other legal entity. Prior to the purchase of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final ,subject to the Return Policy defined more in this website.
Shipping Times
Ground Service is usually delivered within 7-10 buiness days after shipping from our warehouse. All orders require 1-2 business days for processing before shipping from our warehouse. Business days do not include holidays and weekends. Computer Exchange is not responsible for carrier delays.
2-Day Service is usually delivered 2 business days after shipping from our warehouse. All orders require 1-2 business days for processing before shipping from our warehouse. Business days do not include holidays and weekends. Computer Exchange is not responsible for carrier delays.
General Disclaimers
We reserve the right to notify customers and cancel the sale for any reason. We shall not be held liable for any such cancellation and/or closure.
Returns and adjustments to methods of payment may take 10-14 business days after the return is authorized. Returned product must have an RMA number written on the shipping label.
All products must be returned with 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 Computer Exchange all products being shipped for return, exchange or replacement. Products exchanged or replaced will be shipped by Computer Exchange to Customer, at Computer Exchange' expense, using the same shipping method as was used by Customer to ship the original products back to Computer Exchange.
Customer is responsible for all risk of loss and damage to products being shipped for return, exchange or replacement. Computer Exchange is not responsible for any loss or damage that occurs to products 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.
Accessibility
Computer Exchange is committed to making our website's content accessible and user friendly to everyone. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Customer Service team at (706) 651-1900 or email our team at support@computerexchange.com with "Disabled Access" in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control such vendors, we strongly encourage vendors of third-party digital content to provide content that is accessible and user friendly.