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Warranty information
Customer is entitled to the manufacturer's limited express warranty, if any, that accompanies the product. PcQwest makes no additional or independent warranty. All other warranties, express or implied, including the warranties of merchantability and fitness for a particular purpose are disclaimed. PcQwest shall under no circumstances be liable for special, incidental, or consequential damages including loss of profit, even if it has been advised of the possibility of such damages; the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product. |
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Errors and omissions
PcQwest makes every effort to ensure the accuracy of the information published in on our web site(s). However, the documents and graphics published on our web site(s) may contain technical inaccuracies or typographical errors. PcQwest makes no representations about the suitability of the information and graphics presented on our web site(s). All such documents and graphics are provided "as is" without warranty of any kind.
If an error is made and a product is listed at an incorrect price, PcQwest shall maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and charged to your credit card, PcQwest shall immediately issue a credit in the amount of the incorrect price. |
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Non-U.S. Internet users
Sales of our products must follow U.S. Commerce Department regulations and State Department restrictions. Certain hardware products may not be exported to certain countries, or may be exported only with individual licenses; and software that contains DES data and/or encryption technology may not be exported outside the U.S. |
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Standard Terms of Sale
All sales are subject to the following terms and conditions:
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1. Customer acknowledgment
Customer acknowledges agreement with these Terms of Sale by the placement of an order to purchase a Product from PcQwest. |
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| 2.The Customer agreesthat any dispute with PcQwest arising out of the Customer's purchase from PcQwest shall be brought by the Customer exclusively in the state or federal courts situated in the State of Florida and County of Palm Beach ; and the Customer hereby agrees that such venue is appropriate. |
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3. Purchase price
Prices are listed in PcQwest's Web site(s), and are subject to change without notice. Prices for certain government, corporate, and institutional customers may be set forth in a bid or other written agreement between the parties. |
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4. Payment terms
PcQwest at its sole discretion may extend credit to Customer. If credit is extended to customer, payment terms shall not exceed net 30 days from shipment date. |
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5. Shipping terms
Shipping terms are F.O.B. shipping point. PcQwest charges shipping and handling fees on shipments. Such fees include carrier freight charges, order processing, packaging and handling and other associated costs and do not necessarily equate to the aggregate of such costs. Risk of loss is upon Customer once PcQwest delivers the product to the carrier. Delivery times are estimates only and PcQwest shall not be liable for delays. |
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6. Vendor license agreements
Customer agrees to abide by all license provisions or end user agreement imposed by the manufacturer or publisher. |
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7. International
Products sold by PcQwest, including equipment and software, are for use within the United States. Diversion contrary to United States law is prohibited. Customer warrants and represents that it is eligible to receive products under United States law and agrees to abide by any export or re-export restrictions imposed by the manufacturer or publisher. |
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8. LIMITED MANUFACTURER'S WARRANTY
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PcQwest warrants that it has good title to the hardware products it sells, and that it has proper authority to license the software products it distributes. |
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| (b) |
PcQwest does not warrant the performance or integrity of any Product, but merely passes through to the Customer whatever end-user warranty the manufacturers or software publishers provide with their respective products. |
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| (c) |
STATEMENTS MADE TO YOU IN THE COURSE OF ANY PRIOR, CURRENT, OR FUTURE SALE ARE SUBJECT TO THE YEAR 2000 INFORMATION AND READINESS DISCLOSURE ACT, (___U.S. C.___) (P.L. 105-271). IN THE CASE OF A DISPUTE, THIS ACT MAY REDUCE YOUR LEGAL RIGHTS REGARDING THE USE OF ANY SUCH STATEMENTS, UNLESS OTHERWISE SPECIFIED BY YOUR CONTRACT OR TARIFF. |
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| (d) |
PCQWEST DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED BY LAW, INCLUDING MERCHANTABILITY AND USE FOR A PARTICULAR PURPOSE. |
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| (e) |
PcQwest has no control over the technology of the Products sold herein, and therefore cannot and does not indemnify Customer for claims by third parties that Products infringe any patent, copyright, trademark or trade secret. PcQwest will pass through any such indemnity it receives from the Product manufacturer or supplier. |
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9. LIMITATION OF LIABILITY
IN NO EVENT SHALL PCQWEST 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 MANUFACTURER'S OR PUBLISHER'S END USER WARRANTY ACCOMPANYING THE PRODUCT. IN NO EVENT SHALL PCQWEST'S LIABILITY EXCEED THE REPAIR, REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED FROM PCQWEST. 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. |
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10. Returns
Returns of products are subject to PcQwest's current return policies, which are set forth on our web site(s) and, subject to any additional or lesser return rights adopted by the respective manufacturer or supplier. Read our Returns Policy on this web site. |
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11. Exclusive agreement
These Terms of Sale represent the complete and final agreement between the Customer and PcQwest for the matters set forth herein, and shall be supplemented only by the prices, quantity, and descriptions set forth in PcQwest's invoice for the relevant sale. Terms contained in Customers' purchase orders, offers to buy, terms and conditions, and the like shall have no effect. |
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12. General
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These Terms of Sale and any transactions made under them shall be interpreted by and be subject to the laws of the State of Florida. |
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| (b) |
In the event any section or portion of a section of these Terms of Sale are deemed unlawful or unenforceable, that section or portion of a section shall be stricken from the Terms of Sale, and the remaining terms shall continue in full force and effect. |
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| (c) |
PcQwest 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, terrorism, riot, seizure, and embargo. |
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| (d) |
These Terms of Sale may be modified from time to time by PcQwest without notice, and are current as of the date of the then current web site. |
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