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PURCHASE AGREEMENT
TERMS AND CONDITIONS
By checking the agreement box and clicking the submit button below , you (“Customer”) agree to be bound by the terms and conditions listed below. You and JAJTECHNOLOGIES agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and JAJTECHNOLOGIES. Any attempt to alter, supplement, modify or amend these terms and conditions by the Customer will be considered a material alteration of this agreement and, therefore, are null and void. In addition, these terms and conditions are subject to change at any time, without prior written notice. Therefore, please read these terms and conditions, along with our full warranty statement available for viewing on this site carefully each time you place an order with or accept delivery of any goods from JAJTECHNOLOGIES.
JAJTECHNOLOGIES offers our customers a 30-day satisfaction refund guarantee on all purchases (please refer to the Conditions written above), except: any routers, software, or any specially ordered items. Systems with case engravings may not be returned for refund or exchange under any circumstances unless they contain defects in materials or workmanship. To take advantage of JAJTECHNOLOGIES’s return guarantee policy, Customer agrees to comply with JAJTECHNOLOGIES Product Return Procedure as stated below. Any breach of JAJTECHNOLOGIES Return Policy Procedure may result in the loss of JAJTECHNOLOGIES’s replacement/return guarantee. Furthermore, all return shipments not in compliance with these instructions may be rejected.
Product Return Procedures:
To return a product based upon JAJTECHNOLOGIES replacement/return guarantee, you must obtain a Return Merchandise Authorization (“RMA”) number within the refund guarantee period for the product (as described above). All RMA requests must be filed prior to shipping the merchandise back and unauthorized merchandise may be returned back to customer without receiving. JAJTECHNOLOGIES may not accept returns without prior authorization and a RMA number. Once issued, RMA numbers are valid for 30 business days, within which returned products must be received by JAJTECHNOLOGIES. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product(s).
Customer is solely responsible for shipping any returned product to JAJTECHNOLOGIES. Customer agrees to use only reputable carriers capable of providing proof of delivery and insurance for the entire value of the shipment. Customer agrees to bear all shipping charges and all risk of loss for the return product during shipment. Customer agrees that all returned products will be 100% complete, in re-saleable condition, and will include the original packaging material, manuals, blank warranty cards, and other accessories provided by the manufacturer and JAJTECHNOLOGIES. If any component of the returned product is missing, JAJTECHNOLOGIES Return Procedure can be considered breached and JAJTECHNOLOGIES may reject the entire return or may choose to impose additional charges against the customer for replacement of the missing component. JAJTECHNOLOGIES will not refund to Customer the original shipping charges.
Restocking Fee: Restocking fees will be assessed within the first 30-days from purchase. Any returns for refund that have been opened are subject to a 15% restocking fee. Refunds will not be approved after 30 days from delivery.
2. WARRANTIES
JAJTECHNOLOGIES warrants to the original purchaser that the product(s) shall be free of any defect in material or workmanship for a period of one year (desktops) or one year (laptops) for labor and one year for parts from the date of the original invoice from JAJTECHNOLOGIES. JAJTECHNOLOGIES shall have the sole discretion in determining whether the product is covered under the warranty for labor and/or warranty for parts. Should the product(s) supplied by JAJTECHNOLOGIES prove defective by reason of improper workmanship or material as reasonably determined by JAJTECHNOLOGIES, JAJTECHNOLOGIES will repair or replace defective parts with new or reconditioned parts at JAJTECHNOLOGIES option, without charge to you. JAJTECHNOLOGIES warranty does not cover replacement of engraving. In the event your engraved system receives service, use of necessary replacement parts may eliminate the engraving on the system.
JAJTECHNOLOGIES is a distributor only. Products sold by JAJTECHNOLOGIES are not manufactured by JAJTECHNOLOGIES. The products may, however, be covered by each manufacturer’s warranty, service, and support policy (if any) even beyond the length of JAJTECHNOLOGIES warranty. JAJTECHNOLOGIES assigns and passes through to the Customer any warranty of the manufacturer, and Customer acknowledges that it shall have recourse only under such warranties and only as against the manufacturer of the products.
3. DISCLAIMER OF WARRANTIES
JAJTECHNOLOGIES MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. JAJTECHNOLOGIES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
4. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES JAJTECHNOLOGIES MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. JAJTECHNOLOGIES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. JAJTECHNOLOGIES SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT JAJTECHNOLOGIES IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
5. GENERAL TERMS AND CONDITIONS
Payment Terms:
An order is not binding upon JAJTECHNOLOGIES until it is accepted by JAJTECHNOLOGIES and JAJTECHNOLOGIES must receive payment in full before it will accept an order. Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, wire transfer, or some other method prearranged with JAJTECHNOLOGIES. You agree to pay the amount(s) due as specified on the invoice and when applicable, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Cancel Orders:
You may request a cancellation of your order, provided your order has not already shipped. For engraved products, or custom artwork; once a system side panel has been engraved or modified, any order cancellations are subject to a 15% restocking fee.
Shipping Charges:
Your total cost for purchase of any product will include shipping and handling charges shown on the JAJTECHNOLOGIES invoice.
Title and Risk of Loss:
JAJTECHNOLOGIES will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.) shipping point, meaning title to the product(s) — excepting software– and risk of loss passes to the Customer upon delivery to the carrier. JAJTECHNOLOGIES reserves a purchase money security interest in the product(s) until its receipt of the full amount due. Customer agrees to allow JAJTECHNOLOGIESto sign appropriate documents on Customer’s behalf to permit JAJTECHNOLOGIES to protect its purchase money security interest. Title to software will remain with the licensor(s). All software is provided subject to the license agreement of the software maker. Customer agrees to be bound by any software license agreement once the seal on the package is broken. JAJTECHNOLOGIES will advise Customer of estimated shipping dates, but JAJTECHNOLOGIES will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between JAJTECHNOLOGIES and Customer shall be governed by the laws of the State of New York, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this agreement shall not be governed by the United Nations Convention on the International Sale of Goods. JAJTECHNOLOGIES and Customer consent to the exclusive jurisdiction and the venue of the State Courts of the State of New York, Rockland County, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, the Customer also agrees not to bring any legal action, based upon any legal theory including contract, tort, equity or otherwise, against JAJTECHNOLOGIES that is more than one year after the date of the applicable invoice.
Severability: If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable New York law.
Waiver:
The failure of either party to require performance by the other party of any provision of this agreement shall not affect in any way the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
Entire Agreement:
These terms and conditions, together with JAJTECHNOLOGIES warranty statement and invoice respecting the products ordered by Customer, are the complete and exclusive agreement between JAJTECHNOLOGIES and Customer, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between JAJTECHNOLOGIES and Customer relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage.
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