The sale of all new Microcom Technology products and services is subject to Microcom Technology's Return Policy constitutes acceptance of these terms and conditions
This sale is subject to the terms and conditions stated herein, on the face of the packing slip, and in all other documents accompanying the purchased product(s) (the "Terms of Sale") which are in lieu of and replace any and all terms and conditions set forth in any documents issued by the customer, including, without limitation, any purchase orders and any specifications. In case of conflict between the terms and conditions stated herein and those on the face hereof, those on the face hereof shall control. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON ANY SUCH DOCUMENTS ISSUED BY CUSTOMER AT ANY TIME ARE HEREBY OBJECTED TO BY SELLER, SHALL BE WHOLLY INAPPLICABLE TO ANY SALE MADE HEREUNDER AND SHALL NOT BE BINDING IN ANY WAY ON SELLER. No waiver or amendment to these terms and conditions shall be binding on Seller unless made in a writing expressly stating that it is such a waiver or amendment and signed by Seller.
microcomtechnology.com accepts all major credit cards as a form of payment.
Unless otherwise stated on the face hereof, stated prices do not include any customs duties, sales, use, value added, excise, federal, state, local or other taxes. All such duties or taxes shall be paid by customer, or, in lieu thereof, customer shall provide Seller with an appropriate tax exemption certificate.
Title to products passes from the seller to the customer upon shipment from the seller's facility. Title to software remains wit hthe applicable licensor(s)
RETURNS, PREPAYMENT OF SHIPPING FEES, AND FAILURE TO COMPLY WITH MICROCOM TECHNOLOGY RETURN POLICY OR PROCEDURE:
Product(s) purchased from Microcom Technology may be returned only if the buyer complies with Microcom Technology's Return Policy and by following the procedures contained in the section entitled how to return an item, both which policies are incorporated herein by reference. All returns shall be delivered or shipped with shipment prepaid to Seller's facility in the original packaging or equivalent, together with a dated proof of purchase (including invoice and packing slip) and a returned material authorization number which may be requested from Customer Service. The returned material authorization number must be written on the shipping label. All shipping charges and costs incurred in returning Product(s) to Microcom Technology, including insurance, duties or other fees must be prepaid by customer, AND ARE NOT REFUNDABLE BY MICROCOM TECHNOLOGY. Customer shall assume all risk of loss or damage to Product(s) while in transit to Seller.
Seller shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of God, riot, war, government intervention, etc.
EXCLUSION OF IMPLIED WARRANTIES AND LIMITATION OF LIABILITY:
SELLER MAKES NO WARRANTY THAT THE GOODS SOLD HEREUNDER SHALL BE MERCHANTABLE OR THAT SUCH GOODS SHALL BE FIT FOR ANY PARTICULAR PURPOSE. IT IS UNDERSTOOD AND AGREED THAT IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PROPERTY DAMAGE, DAMAGE TO OR LOSS OF EQUIPMENT, LOST PROFITS OR REVENUE, COSTS OF RENTING REPLACEMENTS AND ADDITIONAL EXPENSES, RESULTING FROM SELLER'S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS SALE, OR FROM THE FURNISHING, PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, THE NEGLIGENCE OF SELLER, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
USER RIGHTS TO SOFTWARE:
The Software included with the Product is protected by copyright law and/or international treaty provisions. Rights relating to a particular Software program are listed in the license agreement document provided by the owner(s) of the Software that is included with the Product.
UNITED STATES GOVERNMENT LICENSE RIGHTS:
United States Government license rights in the Product(s) are limited to those mandatory rights identified in DFARS 252.227-7015 (b).
GOVERNING LAW, JURISDICTION AND COSTS
This agreement is governed by the laws of the State of California, without regard to its conflict or choice of law provisions. Customer acknowledges and agrees that California is an appropriate place for venue of any litigation and that California courts have jurisdiction over this agreement and customer. In the event the customer and Seller are unable to resolve any customer dispute, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorneys' fees incurred.
Customer may not assign its rights or obligations hereunder without the express prior written consent of Seller.
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WHAT INFO IS USED FOR:
We store this infromation for promotional use and for expediting the checkout process as well as maintanence of your shopping cart and order history.
CHILDREN UNDER 13 POLICY:
We will not knowingly sell to minors.
POLICIES ARE SUBJECT TO CHANGE
Updated versions and dates implemented will be provided with form
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This allows for optimization for the site during the customer's use of the site. Cookies allow information to be stored such as items saved in shopping cart, customer location, and personalization bsed on interested items.