Micro Source of Michiana, Inc.

Terms and Conditions  

General Terms

This policy may not be altered or amended in any manner, and buyer by accepting delivery of the goods described herein accepts and agrees to abide by the terms and conditions contained herein. The ownership of all products shipped and sold from Micro Source of Michiana, Inc. ("Micro Source") remains with Micro Source until all payments from the customer are cleared through Micro Source's bank.

Limited Warranty

Micro Source warrants this product to meet specifications as set forth in the product descriptions in the technical manuals and to be free from defects in materials and workmanship under normal use during the warranty period as specified on the original invoice. Unless otherwise noted, the warranty period is as follows:

Used equipment 30 days

Parts 1 year

Computer systems 2 years

Servers 3 years

Notebooks 1 year  

The warranty date begins on the original invoice date. Warranty claims must be made on or before the last day of the warranty period for warranty replacement. Items found to be out-of-warranty or not belonging to Micro Source will not be replaced. Instead, they will be returned back to the customer freight-collect. Warranty void without receipt. All products, after warranty period, may be repaired with a reasonable service charge, provided that the product is repairable.

Warranty coverage is as follows:

Unless otherwise noted, all warranties are standard warranties. On-site warranties are only valid within Micro Source's normal service area.

No warranty for physically damaged items, which have cracks, missing pins, or burn marks. Any items damaged by power spikes or surges, floods, brown-outs, black-outs, or other natural disasters are not covered by warranty. Any products found to be abused, mishandled, modified, or altered are not covered by warranty. No warranty for software errors including bugs, viruses, worms, spyware, improper installation or misconfiguration by anyone other than Micro Source, its representatives or employees.

Payment

Invoices are due and payable in accordance with the terms specified on the front of the invoices. Any order carried pre-paid will be held and not shipped, until entire payment has been cleared through Micro Source's bank. 50% down payment required on special order items. $25 fee on all return checks. Accounts past due are automatically placed on C.O.D. and all shipments are held until account is current. A charge of 1.5% per month (18% per annum) or the maximum legal interest rate, whichever is higher, shall be charged on all sums not paid when due. If legal action is necessary to collect any sums due hereunder, buyer agrees to pay all costs of collection, including court costs and seller's attorney fees so incurred.

If tax exempt, buyer will provide Micro Source with an exemption certificate in form and substance satisfactory to the relevant taxing authorities. Orders accepted by Micro Source are not subject to change or cancellation by Purchaser except with Micro Source verbal or written consent and upon payment of an appropriate charge to cover the cost or loss incurred by Micro Source . This charge, unless otherwise agreed in writing, shall not be less than fifteen percent (15%) of the price of the goods subject to change or cancellation.

Returns

All returns must be within 30 days, no credit or refund past 30 days. Micro Source reserves the right to inspect and test all returned products; no replacement or exchange of the returned products if found not to meet the functionality of manufacturer's specifications. All returned items must be in original resaleable condition, with all original packing materials, manuals, and software.

Refunds

All refunds must be accompanied by the original receipt. All refund items must be in original resaleable condition, with all original packing, manuals, and software.
All refunds will be credited at current market price and may be subject to a 20% restocking fee. No credit or refund on special order items, labor, freight, insurance, or customs. Software sales are final. Micro Source will not accept any returns on software. All refunds or credits will either be placed back on the Purchaser's credit card, or in the form of company check. Up to 10 business days may be required for refund.

The sales receipt is the customer's warranty. Micro Source does not keep individual sales history. All systems and or parts left at Micro Source for more than 30 days will become the property of Micro Source.

Incidental and Consequential Damages

Micro Source shall not be liable for any failure to perform or delay in performing any of its obligations when such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, any act of God, war, strike, riot, fire, flood, earthquake, lock-out, late or non-delivery by suppliers, shortage or unavailability of materials, components or transportation facilities, or any act, refusal to act, regulation, order, or any governmental authority. Under no circumstances shall Micro Source be liable for any special, indirect, incidental, or consequential damages of any kind or nature whatsoever, including, without limitation; lost goodwill, lost revenue, downtime, loss of data or software, whether arising out of breach of any express or implied warranty, breach of contract, tort (including negligence), strict product liability or otherwise, even if advised of the possibility of such damage or if such damage could have been reasonably foreseen, except in case of personal injury and where to the extent applicable law requires such liability. In any event, the liability of Micro Source shall not exceed the purchase price of the product.

Legal Disclaimer

Other than the aforementioned limited warranty, there are no warranties, expressed or implied, which extend beyond the description of the face hereof, including any warranties of fitness for a particular purpose and merchantability.

The rights and obligations of the parties under this agreement shall be governed by the laws of the state of Indiana , in which Micro Source is located.

Last Modified: October 22, 2003