By accepting delivery of any product delivered from TechaWave("techawave.com" or "techawave.jitbid.com), you ("Customer") agree to be bound by the terms and conditions listed below. You and TechaWave agree that the following terms and conditions are the exclusive terms governing the sales transaction between Customer and TechaWave. 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 check these terms and conditions carefully each time you place an order with or accept delivery of any goods from TechaWave.
1. TechaWave REFUND GUARANTEE - TechaWave
offers our
customers a 30-day (30 days from the original invoice date)
satisfaction replacement or refund guarantee on all purchases,
except:
- Due to manufacturer's policies, TechaWave can not accept refunds or returns on All Software, Game Titles, Processors, Notebooks, Blank Media and Blank Cartridges, Camcorders, Printer Cartridges, Notebook Batteries, Liquid Cooling Products, Minolta, QMS, Cisco, IBM, Sony, Intel, Tektronix, NEC and Hewlett Packard products. Defective merchandise can be returned to the manufacturer directly.
- Bulk Items: We are unable to accept Bulk Items for return or replacement (including but not limited to such items as Air Conditioners and Televisions 24 inches and larger). Items may be returned direct to the manufacturer for defective replacements. We urge you to examine your product upon arrival to ensure appropriate condition, before signing for the package.
- Due to manufacturer's policies, TechaWave can not accept
refunds on Computer Chassis'(cases) and Supermicro products.
Defective Computer Chassis (cases) and Supermicro products are
however eligible for replacements during the applicable warranty
period.
However, to take advantage of TechaWave's return guarantee policy, Customer agrees to comply with TechaWave's Product Return Procedure a set forth below. Any breach of TechaWave's Return Policy Procedure will result in the loss of TechaWave's replacement/return guarantee. Furthermore, all return shipments not in compliance with these instructions will be rejected.
2. Product Return Procedure:
- To return a product based upon TechaWave's replacement/return guarantee, you must call or e-mail our Returns Department and obtain a Return Merchandise Authorization ("RMA") number within the guarantee return period for the product (described above). TechaWave will not accept returns without prior authorization. Once issued, RMA numbers are valid for 15 days in which must be returned to TechaWave. RMA numbers will not be extended or reissued. Customer should prominently display the RMA number(s) on the shipping label of boxes containing the returned product.
- Customer is solely responsible for shipping any returned product to TechaWave. 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. If any component of the returned product is missing, TechaWave's Return Procedure will be breached and TechaWave will reject the entire return or may choose to impose additional charges against the customer for replacement of the missing component.
- TechaWave will not refund to Customer the original shipping charges. In addition, TechaWave will assess a 20% restocking fee against the Customer's account on all non-defective returns for refund.
- Products being returned for a refund, must be received by TechaWave prior to 30 days from the original invoice date. Returns received after the 30 day return period will no longer be eligible for refund.
3. WARRANTIES
TechaWave is a distributor only. Products sold by TechaWave are not manufactured by TechaWave. The products may, however, be covered by each manufacturer's warranty, service, and support policy (if any). TechaWave 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. TechaWave MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS DOCUMENT. TechaWave 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 TechaWave's MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. TechaWave 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. TechaWave 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 TechaWave IS APPRISED OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
5. GENERAL TERMS AND CONDITIONS
Payment Terms; Orders: An order is not binding upon TechaWave until it is accepted; TechaWave must receive payment 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 TechaWave. You agree to pay the amount(s) due as specified on the invoice, and 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.
Fax Authorizations: We do require a
fax
authorization to accompany any notebook/laptop purchases. The
following items need to be included in your fax:
1. Copy of the credit card.
2. Copy of a picture ID 3. A statement reading "I authorize
TechaWave to ship my order to the following (shipping) address,
followed by the billing address. 4. A handwritten signature 5.
Please be sure to include your invoice number for reference. And
Fax to: 1-770-339-8111
Shipping Charges: Your total cost for purchase of
any
product will include shipping and handling charges shown on the
TechaWave invoice.
Price Protection: Our website is updated frequently
to
ensure that you'll view the latest products and pricing
available, and that you receive all of the latest savings. At the
time you make a purchase you agree to the listed price. We are
unable to make a price adjustment if the price has changed, after
an order has shipped. However, if you notify TechaWave prior to
the shipment of your order, we would be happy to make the price
adjustment for you. Unfortunately, TechaWave does not offer price
matching for competitors.
Title; Risk of Loss: TechaWave 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. TechaWave reserves a purchase money security
interest in the product(s) until its receipt of the full amount
due. Customer agrees to allow TechaWave to sign appropriate
documents on Customer's behalf to permit TechaWave 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. TechaWave will advise Customer of estimated
shipping dates, but TechaWave 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 TechaWave and
Customer shall be governed by the laws of the State of Georgia,
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. TechaWave and Customer consent to
the exclusive jurisdiction and the venue of the State Courts of
the State of Georgia, Gwinnett County, to resolve any dispute
between them related hereto, and the parities waive all rights to
contest this exclusive jurisdiction and venue of such Courts.
Finally, the Customer also agree not to bring any legal action,
based upon any legal theory including contract, tort, equity or
otherwise, against TechaWave 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 Georgia 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 the TechaWave's invoice respecting the products ordered by
Customer, are the complete and exclusive agreement between
TechaWave and Customer, and they supersede all prior or
contemporaneous proposals, oral or written, understandings,
representations, conditions, warranties, and all other
communications between TechaWave 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.
