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Introduction:
The terms and conditions which follow (the "Terms of Sale") control your legal rights with respect to all products purchased online through UMAX.com. All products are sold by Techville, Inc. to you (the "Customer"). You may have additional rights under the laws of your state. By accepting delivery of products purchased through UMAX.com, you agree to be bound by and accept these Terms of Sale. Techville Inc. reserves the right to alter these Terms of Sale at any time, without prior notice to Customers.
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Other documents do not apply:
These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document. Any attempt to alter, supplement or amend this document or to enter an order for products which is made subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both the Customer and an authorized representative of Techville Inc.
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General Warranty:
All UMAX products are sold subject to limited warranties. Particular UMAX Products may be sold with the addition of different warranties. Techville Inc. reserves the right to modify or alter its warranties at any time, without notice to the Customer.
Many UMAX products contain software, firmware, and other proprietary intellectual property owned by Techville Inc. and/or third parties. Particular UMAX Products may be sold with addition of different software license terms. Techville Inc. reserves the right to modify or alter its warranties at any time, without notice to the Customer.
Customer acknowledges that some UMAX products may contain used or remanufactured parts equivalent to new in their performance.
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Disclaimer of Warranties:
EXCEPT AS PROVIDED IN THE WARRANTY STATEMENTS SET OUT ABOVE, OR IN WARRANTIES PROVIDED WITH UMAX PRODUCTS, TECHVILLE INC. MAKES NO OTHER WARRANTIES, AND SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES. THE WARRANTY STATEMENTS SET OUT ABOVE, AND THE WARRANTIES PROVIDED WITH UMAX PRODUCTS, ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTIBILITY OF FITNESS FOR A PARTICULAR PURPOSE.
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Limitation of Liability and Remedies:
IN NO EVENT WILL TECHVILLE INC. OR ITS SUBSIDIARIES, AFFILIATES, SUBCONTRACTORS OR SUPPLIERS BE LIABLE FOR ANY OF THE FOLLOWING:
ACTUAL LOSS OR DIRECT DAMAGE THAT IS NOT LISTED IN THE PARAGRAPH ABOVE; DAMAGES FOR LOSS OF DATA, OR SOFTWARE RESTORATION; DAMAGES RELATING TO RESELLER'S PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES (I.E., "COST OF COVER"); OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DOWNTIME COSTS OR LOST PROFITS).
THE REMEDIES IN THIS AGREEMENT ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES.
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Prices:
Prices and shipping charges are provided on Customer's order form. Only those customers residing in the states of California and Texas will have sales tax added to their orders. Unless Customer provides Techville Inc. with a valid government or non-profit tax exemption certificate, Techville Inc. will withhold sales tax where applicable. Even if Techville Inc. does not withhold sales tax, Customer may be responsible to pay sales tax in its state, county, or municipality.
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Terms of Payment:
Terms of payment will be established at Techville Inc's discretion. Techville Inc. must receive payment prior to its acceptance of Customer's order. Payment will be made by credit card.
Customer is required to pay shipping and handling (see full shipment terms).
In the event of a calculation error in the total charge, Techville Inc. will notify the customer by telephone and/or email that the total charge had to be recalculated. Upon notification, Techville Inc. asks the customer to agree on the new charge. If there was an overcharge, Techville Inc. pays back the customer the difference in the form of a credit. If additional payment is required and customer agrees, Techville Inc. will make a second charge on the customer's credit card. If the customer does not agree to the new total charge, the customer may cancel and Techville Inc. will issue a full refund (including shipping and handling and any applied taxes). Refunds are in the form of a credit.
Orders are not binding upon Techville Inc. until accepted by Techville Inc.
Any quotation provided by Techville Inc. will be binding on Techville Inc. for the time period identified in the quotation. If no time period is identified, the quotation will be valid for 48 hours after it is issued.
Techville Inc. is not responsible for typographical mistakes, including but not limited to mistakes affecting prices quoted for products offered through UMAX.com. If Customer pays using a credit card, Customer's order is subject to approval of the bank or other financial institution that issued Customer's card. Techville Inc. will not be liable if the bank refuses to approve Customer's purchase or refuses to accept or honor Customer's credit card. If Customer's card and purchase are accepted and approved, Customer agrees to pay its obligations to its credit card issuer as required under the terms of Customer's agreement with the issuer.
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Cancellation Policy:
Once an order is submitted online through UMAX.com, the order is immediately processed and your credit card account is charged. At this point, the order cannot be cancelled online.
Unless the product you purchase is marked "No Return, No Refund," Techville Inc. will accept product returns within the first 15 days from the date the product is received by the customer. Please see the Return and Refund Policy below.
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Shipment Terms:
Techville Inc. will ship to Customer addresses in the 50 United States, the District of Columbia, Puerto Rico, and Canada. Techville Inc. is unable to ship outside the United States and Canada, or to APO and FPO boxes. Techville Inc. will not ship to Post Office boxes. Prices do not include charges for shipping, handling, or returns processing charges (see Returns). Customer agrees to pay the full shipping charges. Title and risk of loss pass from Techville Inc. to Customer upon shipment from an Techville Inc-designated distribution facility to Customer. Customer must sign for receipt of shipment unless s/he has made special arrangements with the shipping carrier.
Techville Inc. may deliver products in installments. Any delivery or shipment date provided to Customer is Techville Inc's good-faith estimate. Customer acknowledges that UMAX product availability may be limited, and particular products may not be available for immediate delivery. Techville Inc. will not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.
Techville Inc. reserves the right to suspend shipment of particular products at Techville Inc's discretion. Techville Inc. agrees to notify Customer if Techville Inc. chooses not to ship particular products which have previously been ordered by Customer or in the event shipment is delayed.
All orders received before 2:00 PM (Central Time) will be shipped the same day. Orders submitted after 2:00 (or on a weekend or holiday) will be shipped the next business day.
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Export Control:
All products purchased online through UMAX.com are purchased for use in the United States and Canada only. Except where specifically agreed in the warranty statement accompanying the product, Techville Inc. will not honor product warranties for United States products submitted for repair or replacement outside the United States.
Customer acknowledges that products purchased through UMAX.com are subject to United States export control laws and regulations. Customer agrees to comply with all such laws and regulations.
Customers residing in Canada agree to pay all duty, taxes, and other charges imposed by U.S and/or Canada laws and any brokerage fees charged by UPS or any shipment carrier.
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No Resale:
Customer agrees that any products it purchases through UMAX.com are purchased for their own use and not for resale.
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Missing or Damaged contents
If any items are missing or damaged from the contents of the original
package, please contact Techville Technical Support, (214)739-1915, within
the first 30-days of purchase to have the items replaced.
Techville Inc. is NOT
responsible for products reported missing or damaged 30 days after the purchase.
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Return and Refund Policy:
Unless the product you purchase is marked "No Returns for Refund" Techville Inc. will accept returned products for refund within the first 15 days from the date the product is received by the customer. After the 15-day period expires, Techville Inc. does not accept returned products for refund. However, your limited warranty for the product you purchase still applies.
To return products, please contact Techville Inc's return authorization agents by calling (214)739-1915. Upon receiving Techville Inc's approval to return a product, customer will be given a return authorization number (called an RMA Number) and instructions to ship the product to Techville Inc. Product will only be accepted for refund within 15 days after the RMA Number is issued. After 15 days, the product will be serviced under the normal warranty procedure.
At customer's option, Techville Inc. will replace or refund the purchase price of the product plus any applicable taxes. Refund will be issued to customer's credit card account after Techville Inc. has received the product returned from the customer. If the product returned is determined defective by Techville Inc. service technicians, Techville Inc. will refund the shipping and handling charges as well. Otherwise, shipping and handling charges will not be refunded.
Returned products must include all original cables, software, manuals, documentation and packaging materials. If customers fail to return all items shipped with the product, Techville Inc. reserves the right to charge customers for any missing items. Techville Inc. recommends customers back up any data on the hard drives or other storage products returned to Techville Inc. Techville Inc. will not be liable for loss of data.
Techville Inc. reserves the right to refuse returns that show excessive wear and tear. Techville Inc. reserves the right to charge customers for any costs incurred by Techville Inc. to refurbish the product or restore it to resalable condition
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Miscellaneous:
No assignment: Customer may not assign its rights or duties under these Terms of Sale.
Severability: If any provision of these Terms of Sale is deemed to be unenforceable, illegal, or otherwise invalid, that provision and the remaining provisions will be enforced to the greatest extent possible.
No oral modifications: These Terms of Sale may not be modified except in a writing signed by Customer and Techville Inc.
Entire Agreement: These Terms of Sale, as supplemented by specific product warranties, warranty disclaimers, and software license agreements, are the only agreement between Techville Inc. and Customer relating to Customer's purchase of products using UMAX.com, and supersede any prior or contemporaneous agreement or representation.
Governing law/exclusive forum: The interpretation, construction, and enforcement of these Terms of Sale will be governed by the domestic laws of the State of California, excluding its conflicts of laws rules. Any action requiring the interpretation, construction, or enforcement of these Terms of Sale must be brought in a state or federal court in the federal judicial district where the Customer resides or in Alameda County, California.
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