These Terms & Conditions do not apply to Government Related Orders
Order Terms || Web-Site Terms
The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site. PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. These terms and conditions (“Agreement”) apply to your purchase of computer systems and/or related products and/or services and support sold in the United States (“Product”) by the MCP entity named on the invoice or acknowledgement (“MCP”) provided to you. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify MCP immediately and return your purchase. If returned, Product(s) must remain in the boxes in which they were shipped. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH MCP, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER MCP TERMS AND CONDITIONS APPLY TO THE TRANSACTION.
Other Documents
This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and MCP. If you do not receive an invoice or acknowledgement in the mail, via e-mail, or with your Product, information about your purchase may be obtained by contacting your sales representative.
Payment Terms; Orders; Quotes; Interest
Payment terms are within MCP sole discretion, and, unless otherwise agreed to by MCP, payment must be made at the time of purchase. Payment for Product may be made by credit card, wire transfer, or some other prearranged payment method. MCP may invoice parts of an order separately. Your order is subject to cancellation by MCP, at MCP sole discretion. Unless you and MCP have agreed to a different discount, MCP standard pricing policy for MCP-branded systems, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. MCP is not responsible for pricing, typographical, or other errors, in any offer by MCP and reserves the right to cancel any orders resulting from such errors. Shipping Charges; Taxes; Title; Risk of Loss Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by MCP is MCP responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify MCP within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Unless you provide MCP with a valid and correct tax exemption certificate applicable to your purchase of Product and the Product ship-to location, you are responsible for sales and other taxes associated with the order. Shipping dates are estimates only. Title to software will remain with the applicable licensor(s). Warranties THE LIMITED WARRANTIES APPLICABLE TO MCP-BRANDED HARDWARE PRODUCT CAN BE FOUND IN THE DOCUMENTATION MCP PROVIDES WITH THE PRODUCT. MCP MAKES NO WARRANTIES FOR SERVICE, SOFTWARE, OR NON-MCP BRANDED PRODUCT. SUCH PRODUCT IS PROVIDED BY MCP “AS IS”. WARRANTY AND SERVICE FOR NON-MCP BRANDED PRODUCT, IF ANY, IS PROVIDED BY THE ORIGINAL MANUFACTURER, NOT BY MCP. MCP MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN MCP APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE, PACKING SLIP OR ACKNOWLEDGEMENT. WARRANTIES AND SERVICE WILL BE EFFECTIVE, AND MCP WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTIES AND SERVICES, ONLY UPON MCP RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED OR SERVICED. Software All software is provided subject to the license agreement that is part of the software package and you agree that you will be bound by such license agreement. Return Policies You must contact us directly before you attempt to return Product to obtain a Return Material Authorization Number for you to include with your return. You must return Product to us in their original or equivalent packaging. You are responsible for risk of loss, shipping and handling fees for returning or exchanging Product. Additional fees may apply. If you fail to follow the return or exchange instructions and policies provided by MCP, MCP is not responsible whatsoever for Product that is lost, damaged, modified or otherwise processed for disposal or resale. At MCP discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing. Changed or Discontinued Product MCP policy is one of ongoing update and revision. MCP may revise and discontinue Product at any time without notice to you and this may affect information saved in your online “cart.” MCP will ship Product that have the functionality and performance of the Product ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible. Parts used in repairing or servicing Product may be new, equivalent-to-new, or reconditioned. Service and Support Service offerings may vary from Product to Product. If you purchase optional services and support from MCP, MCP and/or your third-party service provider will provide such service and support to you in the United States in accordance with the terms and conditions herein. MCP and/or the third-party service provider may at their discretion, revise their general and optional service and support programs and the terms and conditions that govern them without prior notice to you. MCP has no obligation to provide service or support until MCP has received full payment for the Product or service/support contract you purchased. MCP is not obligated to provide service or support you purchase through a third party and not MCP. Limitation of Liability MCP DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, MCP WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, MCP IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL APPLY EVEN IF SUCH REMEDIES FAIL THEIR ESSENTIAL PURPOSE. Applicable Law; Not For Resale or Export You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export. MCP has separate terms and conditions governing resale of Product by third parties and transactions outside the United States. Terms and conditions for resale are located herein. Governing Law THE PARTIES AGREE THAT THIS AGREEMENT, ANY SALES THERE UNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, AND EQUITABLE CLAIMS) BETWEEN CUSTOMER AND MCP arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, MCP advertising, or any related purchase SHALL, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. Headings The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived there from. Binding 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) BETWEEN CUSTOMER AND MCP, its agents, employees, principals, successors, assigns, affiliates (collectively for purposes of this paragraph, “MCP”) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), MCP advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under its Code of Procedure then in effect. The arbitration will be limited solely to the dispute or controversy between customer and MCP. NEITHER CUSTOMER NOR MCP SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. sec. 1-16 (FAA). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. MCP will be responsible for paying any arbitration filing fees and fees required to obtain a hearing to the extent such fees exceed the amount of the filing fee for initiating a claim in the court of general jurisdiction in the state in which you reside. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, the Arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Web Site Terms The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site. PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. These terms and conditions (“Agreement”) apply to your purchase of computer systems and/or related products and/or services and support sold in the United States (“Product”) by the MCP entity named on the invoice or acknowledgement (“MCP”) provided to you. By accepting delivery of the Product, you accept and are bound to the terms and conditions of this Agreement. If you do not wish to be bound by this Agreement, you must notify MCP immediately and return your purchase. If returned, Product(s) must remain in the boxes in which they were shipped. THIS AGREEMENT SHALL APPLY UNLESS (I) YOU HAVE A SEPARATE PURCHASE AGREEMENT WITH MCP, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN; OR (II) OTHER MCP TERMS AND CONDITIONS APPLY TO THE TRANSACTION. Legal Notice All notices from to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at: 1565-103 Creek Street San Marcos, CA 92078 Delivery shall be deemed to have been made by You to five (5) days after the date sent. Copyright All content appearing on this Web site is the property of MCP GOV 1565-103 Creek Street San Marcos, CA 92078 Copyright © 2005. All rights reserved. As a user, you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright ®2005 MCP Computer Products, Inc. All rights reserved. Trademarks All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by MCP GOV. Nothing contained herein shall be construed as conferring by implication, estoppels, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of MCP GOV or any third party, except as expressly granted herein. Use of Site This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. MCP Computer Products, Inc. and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if MCP believes that customer conduct violates applicable law or is harmful to the interests of MCP and its subsidiaries. Privacy Policy MCP GOV use of personal information that you may submit through this Web site is governed by our strict Privacy Policy. Shipping & Delivery MCP GOV ships merchandise within the continental United States. We also ship OCONUS to Alaska, Hawaii, Puerto Rico, Guam and international locations with US interests. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier. Sales Tax MCP GOV charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped. Warranties The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. MCP makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. MCP SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL MCP BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. — OR Depending on State — The information and content on this server is provided “as is” with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by MCP Computer Products, Inc. The references and descriptions of products or services within the Web site materials are provided “as is” without any warranty of any kind, either express or implied. MCP is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon. The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information (“advertisers”), and not MCP Computer Products, Inc. The inclusion of material on this server does not imply any endorsement by MCP, which makes no warranty of any kind with respect to the subject matter of the server materials advertised. A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although MCP tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct. Return Policy You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). MCP reserves the right to change its payment procedures at any time without prior notice to you. Miscellaneous VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. MCP Computer Products Inc. and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited. GOVERNING LAW: In the event of litigation both parties agree that the Law of California shall apply and both parties consent to the jurisdiction of the state courts of California, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury. MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and MCP with respect to this Web site. The Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and MCP with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by MCP. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
DISCLAIMER
All products, company names, brand names, trademarks and logos are the property of their respective owners