MAINGEAR Terms and Conditions
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT"), RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THE CUSTOMER AGREES TO BE BOUND BY THE AGREEMENT BELOW AND ACCEPTS ITS TERMS AND CONDITIONS.
Terms and Conditions of Sale
This Standard Terms and Conditions for Sale Agreement (“Agreement”) contains the terms and conditions that apply to any order, purchase, receipt, delivery, use of any Computer system(s) and/or any related MAINGEAR products and/or services and support sold in the United States ("Product") from MAINGEAR Corporation and or any of its subsidiaries or affiliates (collectively, “MAINGEAR”), and is also a. legal contract between Customer and MAINGEAR. The customer by accepting delivery of the product(s) purchased from MAINGEAR and described on your invoice, you agree to be bound by and accept the following terms and conditions. Any attempt to alter, supplement or amend this document or to enter an order for a product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and MAINGEAR. These terms and conditions are subject to change without prior written notice at any time, in MAINGEAR's sole discretion.
This Sale Agreement constitutes the entire agreement between the Customer and MAINGEAR relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by MAINGEAR. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement.
MAINGEAR may at any time revise these terms and conditions of Use and or are by subject to change without prior written notice at any time, in MAINGEAR's sole discretion. By using this Site, you agree to be bound by any and all such revisions and should therefore periodically visit this page to determine the then current Terms and conditions set forth to which you are bound.
• “We”, “us” and/or “our” means MAINGEAR.
• “You” or “your” means the individual or entity named on the invoice.
• Orders; Payment Terms; Taxes ,Quotes; Interest.
Payment Terms, Orders, and Interest. Advertised prices are in U.S. dollars and, unless otherwise noted, exclude shipping, handling and any taxes that may be imposed by the legal authority that governs the jurisdiction in which you reside. Orders are not binding upon MAINGEAR until payments were authorized by credit card issuer or other financial institution. Terms of payment are within MAINGEAR's sole discretion, and unless otherwise agreed to in writing by MAINGEAR, payment must be received by MAINGEAR before MAINGEAR's acceptance of an order. Payment for the products will be made by credit card, or some other prearranged payment method unless credit terms have been agreed to by MAINGEAR. Invoice amounts are due and payable within the period noted on the invoice, measured from the date of the invoice. MAINGEAR may invoice parts of an order separately. You agree to pay interest on all past-due sums at the highest rate allowed by law. Your order is subject to cancellation by MAINGEAR, at MAINGEAR's sole discretion. Unless you and MAINGEAR have agreed to a different discount, MAINGEAR's standard pricing policy for MAINGEAR-branded systems, which include both hardware and services in one discounted price, allocates the discount off list price applicable to the service portion of the system to be equal to the overall calculated percentage discount off list price on the entire system. MAINGEAR is not responsible for pricing, typographical or other errors in any offer by MAINGEAR and we reserve the unilateral right to cancel any orders resulting from such errors.
Unless otherwise indicated on the face of the invoice, you are responsible for paying all taxes associated with your order.
• Shipping, Title and Risk of Loss
Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by MAINGEAR is MAINGEAR's responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. MAINGEAR will only be obligated to pay for shipping one way anytime on or after the initial thirty (30) day money back guarantee is up, unless otherwise specified between you and MAINGEAR. In no way is MAINGEAR obligated to pay for additional charges for shipping back to facility if product is faulty or defective after the first thirty (30) days. MAINGEAR is entitled to void all warranties if any piece of original packaging material is missing upon return shipments, unless otherwise advised by MAINGEAR. Shipping dates are only estimates and are subject to change at any time. For protection of our Customers, we ship only to the verified billing address or authorized shipping address registered with the Customer's credit card issuer. Authorized shipping address can be obtained upon contact of the credit card issuer. Credit cart issuer registers alternative (shipping) address upon customer's authorization in addition to existing billing address for internet deliveries. To register an alternative address (different from address on your billing statement), call the toll-free number on the back of your credit card for further assistance. You must notify MAINGEAR of damaged or missing items from your order within fourteen (14) calendar days after you receive your product or MAINGEAR will not be responsible for any forthcomings. Title to software remains with the licensor of the software. Your use of software is subject to license agreements applicable to the software.
MAINGEAR reserves the right to change the shipping carrier for any system to an LTL freight carrier or a hand delivery via courier service at our discretion, without prior notice, in order to ensure safe and secure delivery of our products. This is typically done on water cooled systems priced at $5,000 and higher. Freight and courier delivery service is “curbside” only and drivers are not able to bring your purchase into your home for you.
• Check Payment Policy
MAINGEAR will accept a cashiers check on all COD orders. All checks are subject to verification. MAINGEAR will not accept personal or business checks and or Money Orders for prepay orders.
• Return Policy.
You may return MAINGEAR-branded products purchased directly from MAINGEAR in accordance with MAINGEAR's Return Policy, which may be viewed at the following URL: http://www.maingear.com/support.php . Please keep in mind that, among other things, you: (a) must contact us directly before you attempt to return the product; (b) must return the product to us in its original or equivalent packaging; and (c) are responsible for risk of loss and shipping and handling fees for returning or exchanging product. Additional fees may apply.
• TRADEMARK INFORMATION
Any Trademarks used in the Site are trademarks of MAINGEAR, Inc. or their respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise without the written permission of MAINGEAR or third party owner. MAINGEAR, the MAINGEAR logo, MG, the MG logo, EpheX, the EpheX logo, X-Cube, the X-cube logo, Prelude, F131, Beast, X-Book Gio, X-Book Liberty, Redline Technology, Redline Technology logo are registered trademarks or trademarks of MAINGEAR Corporation in the United States and/or other countries. Other company and product names may be trademarks or registered trademarks of the respective owners with which they are associated.
MAINGEAR's trademarks may be used publicly with permission only from MAINGEAR, and nothing in this Agreement shall be construed as granting such permission. Fair use of MAINGEAR's trademarks in advertising and promotion of MAINGEAR products requires proper acknowledgment.
• OWNERSHIP OF MATERIALS
Materials are copyrighted and are protected by worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without MAINGEAR's prior written permission. Except as expressly provided herein, MAINGEAR and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, trade secret or any other intellectual property or proprietary right.
• CLAIMS OF COPYRIGHT INFRINGEMENT
MAINGEAR and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
• PERFORMANCE INFORMATION
Performance tests and ratings are measured using specific computer systems and/or components and reflect the approximate performance of MAINGEAR products as measured by those tests. Any difference in system hardware or software design or configuration may affect actual performance.
• Limited Product Warranty for Domestic Customers and Disclaimer of Warranties.
THE LIMITED PRODUCT WARRANTY APPLICABLE TO MAINGEAR-BRANDED PRODUCTS MAY BE VIEWED ON-LINE AT THE FOLLOWING URL: http://www.maingear.com/support.php. THERE ARE NO WARRANTIES FOR SOFTWARE, SERVICES OR NON-MAINGEAR BRANDED PRODUCTS, WHICH PRODUCTS AND SERVICES ARE PROVIDED “AS IS”. WARRANTY AND SERVICE FOR NON-MAINGEAR BRANDED PRODUCTS, IF ANY, ARE PROVIDED BY THE ORIGINAL MANUFACTURER, AND NOT BY MAINGEAR. MAINGEAR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT THOSE STATED IN THIS SECTION AND IN MAINGEAR'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTY WILL BE EFFECTIVE DURING THE RELEVANT PERIOD, AND MAINGEAR WILL BE OBLIGATED TO HONOR ANY SUCH WARRANTY ONLY UPON MAINGEAR'S RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
• Limited Product Warranty for International Customers and Disclaimer of Warranties.
The standard warranty stated above in Section 6 applies to MAINGEAR-branded products shipped to a country outside of the United States, provided that customers outside of the United States are responsible for paying all freight charges incurred in shipping, importing/exporting, receiving replacement products and parts and for arranging and paying for the shipment of any defective part(s) back to MAINGEAR. All international customers are responsible for all customs duties, VAT and other associated taxes and charges. THE WARRANTY DISCLAIMER ABOVE IN SECTION 6 ALSO APPLIES TO INTERNATIONAL CUSTOMERS.
• LIMITATION OF LIABILITY
MAINGEAR DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. MAINGEAR WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES BUNDLED WITH THE PRODUCTS, MAINGEAR IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT YOU PAID FOR THE PURCHASE GOVERNED BY THIS AGREEMENT.
All software is provided subject to the license agreement that is part of the package you receive from MAINGEAR. You agree to be bound by the license agreement once the package is opened or its seal is broken. MAINGEAR does not warrant any software under this Agreement.
MAINGEAR continually upgrades and revises its products and service offerings. MAINGEAR may revise and discontinue products at any time without prior notice to customers. MAINGEAR will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet are possible. The parts and assemblies used in building MAINGEAR products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted MAINGEAR SKU numbers for MAINGEAR-branded hardware products are of the quality specified by MAINGEAR on its website and conform in all material respects with the MAINGEAR product specification current on the date such products were shipped.
• Binding Arbitration
You and MAINGEAR agree that any claim, dispute or controversy, whether in contract, tort or otherwise, and whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims (“Dispute”) against MAINGEAR, its shareholders, directors, employees, agents, successors, assigns or affiliates arising from, in connection with or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), MAINGEAR's advertising or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (available via the Internet at http://www.arb-forum.com , or via telephone at 800.474.2371) under its Code of Procedure then in effect. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 United States Code, sections 1-16. Any award of the arbitrators shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. YOU UNDERSTAND THAT, IN THE ABSENCE OF THIS PROVISION, YOU WOULD HAVE HAD A RIGHT TO LITIGATE DISPUTES THROUGH A COURT, INCLUDING THE RIGHT TO LITIGATE CLAIMS ON A CLASS-WIDE OR CLASS-ACTION BASIS, AND THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THOSE RIGHTS AND AGREED TO RESOLVE ANY DISPUTES THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION.
• LINKS TO OTHER MATERIALS
The linked sites are not under the control of MAINGEAR and MAINGEAR is not responsible for the content of any linked site or any link contained in a linked site. MAINGEAR reserves the right to terminate any link or linking program at any time. MAINGEAR does not endorse companies or products to which it links and reserves the right to note as such on its web pages. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
• APPLICABLE LAWS
This site is controlled by MAINGEAR from its offices within the United States of America. Applicable Law and Not for Resale. You agree and represent that you are buying the products governed by this Agreement for your own use and not for resale. MAINGEAR makes no representation that Materials in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations. Any claim relating to the Materials shall be governed by the internal substantive laws of the State of New Jersey. MAINGEAR and you hereby agree that all disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of and venue in the federal and state courts within Union County, New Jersey, and both parties hereby consent to the personal and exclusive jurisdiction and venue of these courts.
• U.S. GOVERNMENT RESTRICTED RIGHTS
This Agreement and any sales hereunder shall be governed by the laws of the state of New Jersey , without regard to conflicts of laws principles, and excluding the United Nations Convention on the International Sale of Goods. If the Materials are being licensed by the U.S. Government, the Materials and related documentation are commercial computer software and documentation developed exclusively at private expense, and (a) if acquired by or on behalf of a civilian agency, shall be subject to the terms of this computer software license as specified in 48 C.F.R. 12.212 of the Federal Acquisition Regulations and its successors; and (b) if acquired by or on behalf of units of the Department of Defense ("DOD") shall be subject to the terms of this commercial computer software license as specified in 48 C.F.R. 227.7202-2, DOD FAR Supplement and its successors. Use of the Materials by the Government constitutes acknowledgment of MAINGEAR's proprietary rights in them.
You acknowledge that the purchased goods licensed or sold under this Agreement, and the transaction contemplated by this Agreement, which may include technology and software, are subject to the customs and export control laws and regulations of the United States, and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. Further, under United States law, the goods shipped pursuant to this Agreement may not be sold, leased, or otherwise transferred to restricted countries or utilized by restricted end-users or an end-user engaged in activities related to weapons of mass destruction, including activities related to the design, development production or use of nuclear weapons, materials, facilities, missiles or the support of missile projects, and chemical or biological weapons. You agree not to provide any written regulatory certifications or notifications on behalf of MAINGEAR. MAINGEAR has not tested product for use in high-risk activities including any life sustaining, chemical, or mission critical use. MAINGEAR WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH RISK ACTIVITY, INCLUDING THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT OR WEAPONS SYSTEMS.
• Miscellaneous Provisions
You will not register or use any Internet domain name that contains an MAINGEAR trademark or trade name (i.e., MAINGEAR) in whole or in part or any other name that is confusingly similar thereto. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. If any term of this Agreement is found by a court of competent jurisdiction to be unenforceable, the enforceability of the remaining provisions shall not be affected or impaired.
MAINGEAR may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you, and any use of the Site constitutes acceptance of the terms contained herein. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. Copyright © 2003-2019 MAINGEAR Corporation. All rights reserved. MAINGEAR Corporation, 206 Market Street Kenilworth, NJ 07033, USA.
* Legal Information © 2019 MAINGEAR Corporation