PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY
CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS
AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE
AGREEMENT WITH Kendall Howard LLC. ("Kendall Howard"), IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Kendall
Howard. The Customer accepts this Sale Agreement by making a purchase,
placing an order, or otherwise shopping on the Site. (References to "you" or
"your" shall relate to the Customer; references to "Kendall Howard" shall
relate to Kendall Howard LLC. and its affiliates.) The terms and conditions
of this Sale Agreement are subject to change without prior notice, except
that the terms and conditions posted on the Site at the time the Customer
initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer
and Kendall Howard 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 Kendall Howard. Electronic records (including signatures),
that are otherwise valid, shall be accepted under the Sale Agreement. The
Customer consents to receiving electronic records, which may be provided via
a web browser or e-mail application connected to the Internet; consumers may
withdraw consent to receiving electronic records or have the record provided
in non-electronic form by contacting Kendall Howard at the address provided
below.
In the event of any conflict between the terms and conditions stated on your
purchase order and this Sale Agreement or any terms and conditions on our
invoice, you agree that the provisions of this Sale Agreement and our
invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE
STATE OF ILLINOIS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER
CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN
RAMSEY COUNTY, MINNESOTA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING
ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased passes to the purchaser upon delivery
of the goods to the purchaser, unless otherwise specified. Loss or damage
that occurs during shipping by a carrier selected by Kendall Howard is
Kendall Howard's responsibility. Loss or damage that occurs during shipping
by a carrier selected by Customer is Customer's responsibility. Title to
software will remain with the applicable licensor(s).
Export Sales
If this transaction involves an export under the Export Administration
Regulations, the commodities, technology and/or software sold or licensed
under this Sale Agreement exported from the United States by Kendall Howard
were exported in accordance with the Export Administration Regulations.
Diversion, use, export or re-export contrary to United States law is
prohibited. The commodities, technology and/or software sold or licensed
under this Sale Agreement may not be exported or re-exported to Angola,
Cuba, Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and
persons that are ineligible under U.S. law to receive United States
commodities, technology and/or software. In addition, manufacturers'
warranties for exported goods may vary or even be null and void for goods
exported outside the United States.
General Legal Disclaimer
KENDALL HOWARD HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY KENDALL HOWARD IN NO
WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet access
provider. Contact your local access provider for rates, terms and
conditions.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations
limit download speed to 53Kbps.
Third-Party Product and Y2K Disclaimer
Some products sold by Kendall Howard are third party products and are
subject to the warranties and representations of the applicable
manufacturers, including but not limited to Y2K compliance. Accordingly,
KENDALL HOWARD makes no representation or warranty with respect to the Y2K
compliance of products sold.
Pricing and Information Disclaimer
All pricing subject to change. For all prices, products and offers, Kendall
Howard reserves the right to make adjustments due to changing market
conditions, product discontinuation, manufacturer price changes, errors in
advertisements and other extenuating circumstances. High volume bids are
welcome!
While Kendall Howard uses reasonable efforts to include accurate and
up-to-date information on the Site, Kendall Howard makes no warranties or
representations as to the Site's accuracy. Kendall Howard assumes no
liability or responsibility for any errors or omissions in the content on
the Site.
Limitation of Liability
Kendall Howard 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. Kendall Howard will not be liable for
products or services not being available for use or for lost or corrupted
data or software. Customer agrees that for any liability related to the
purchase of products or services, Kendall Howard is not liable or
responsible for any amount of damages above the aggregate dollar amount paid
by customer for the purchase(s) under this agreement.
Professional Services / Learning Solutions
Customized professional service and training contracts may be subject to
tax.
The services covered by this transaction are being sold, and any associated
taxes, are being collected on behalf of Kendall Howard Technology Services,
Inc. solely in the capacity as an independent sales agent. The Service
Provider is solely responsible for all services covered by this transaction.
By ordering the services requested from Kendall Howard, the Customers
acknowledges and agrees:
Kendall Howard, Kendall Howard Technology Services, Inc., and their
affiliates are resellers of contracts for professional services, customized
professional services and training and are not the providers of said
services. The Service Provider is the only obligor responsible for providing
services to the Customer. The Customer will look solely to the Service
Provider for any loss, claims or damages arising from the purchase of such
services, hereby releasing Kendall Howard, Kendall Howard LLC., and their
affiliates from any and all claims the Customer may have arising from the
provision of any such services. Kendall Howard is merely acting to assist
the Customer in obtaining the services desired by it and provided by the
Service Provider.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Kendall Howard until accepted by Kendall Howard.
Terms of payment are within Kendall Howard's sole discretion. Invoices are
due and payable within the time period noted on the invoice, measured from
the date of the invoice. Kendall Howard may invoice parts of an order
separately. Customer agrees to pay interest on all past-due sums at the
highest rate allowed by law. The Customer is responsible for sales and all
other taxes associated with the order.
Return Policy
. KENDALL HOWARD offers a 30-day return policy on selected items based on
manufacturer return policies. For further information not listed, please
contact your Kendall Howard account manager.
. Please contact us 24 hours a day, 7 days a week at 651-340-1400 or e-mail
our Customer Relations Department at info@kendallhoward.com to obtain a
Return Merchandise Authorization (RMA) number before shipping your product
back to Kendall Howard. Returns may not be accepted without a valid RMA
number. For faster service, please have the following information on hand
when calling for an RMA number: customer name, invoice number, serial number
and the reason for the return.
. All products returned MUST: be 100 percent complete and contain ALL
original manufacturer boxes with the original UPC code and packing
materials, all manuals, blank warranty cards, accessories and any other
documentation included with the original shipment.
. Shipping charges on returned items are the customer's responsibility;
Kendall Howard will match the shipping method and pay for shipping on
replacement or exchange item(s).
. For your protection, we strongly recommend you fully insure your return
shipment in case of loss or damage . Please use a carrier that is able to
provide you with proof of delivery.
. If you receive damaged merchandise, it is best to REFUSE it back to the
carrier attempting delivery. If you accept the package make sure it is noted
on the carrier's delivery record in order for Kendall Howard to file a
damage claim. Save the merchandise AND the original box and packing it
arrived in, notify Kendall Howard immediately to arrange for a carrier
inspection and a pick up of damaged merchandise. If you do not notify
Kendall Howard of damaged goods within the first 15 days of arrival, our
regular return policy will override any claim of damage, and will fall under
all current manufacturer restrictions. Contact Customer Relations at
651-340-1400 or your Kendall Howard account manager to arrange for carrier
inspection and a pick up of damaged merchandise.
. DEFECTIVE returns can be returned directly to Kendall Howard within 30
days from the invoice date, at Kendall Howard's discretion for: credit,
replacement, exchange or repair.
. Manufacturer restrictions do apply and are outlined in our detailed
policy. Any item that is missing the UPC code will ONLY be replaced with the
same item. After 30 days, all manufacturers' warranties apply.
. NON-DEFECTIVE returns can be accepted directly by Kendall Howard within 30
days from the invoice date, at Kendall Howard's discretion for: credit,
exchange. All NON-DEFECTIVE returns are subject to a 15 percent restocking
fee.
. Due to manufacturers' policies, products from the following brands are
accepted for repair only: Apple, Compaq, IBM, and Hewlett-Packard. Kendall
Howard may not accept returns for exchange, replacement or credit. If you
receive a unit that is inoperable FOR ANY REASON, you may contact us for
information on warranty service through Kendall Howard , the manufacturer
direct or any authorized service center in your area.
. Due to manufacturer's policies, all Sun Microsystems products are
non-returnable; Kendall Howard cannot make any exceptions to allow returns
on these items, for any reason. Customers must contact Sun Microsystems
directly for service.
. Additional manufacturers may be added to this list as: manufacturer
policies change, manufacturers go out of business or in the case of
specially ordered items.
Kendall Howard reserves the right to authorize product returns beyond 30
days from the invoice date. IF the product is accepted after 30 days, credit
will be issued toward FUTURE PURCHASES ONLY. Original shipping charges are
not refunded on returned items.
Software and DVD Movie Return Policy
Only defective software and DVD movies can be returned to Kendall Howard.
The return must take place within 30 days of invoice date and may only be
replaced for the SAME software or DVD movie title. Unopened software may be
returned for refund or exchange within 30 days of invoice date. Multiple
software licenses cannot be returned for refund or exchange unless first
authorized by the manufacturer.
NOTE: Multiple software licenses cannot be returned for refund or exchange
unless first authorized by the manufacturer. Multiple licenses may not be
returned beyond 30 days for any reason.
Check payment policy
Kendall Howard will accept a cashiers check or money order on all COD
orders. Kendall Howard will accept personal or business checks up to
$12,000, subject to verification. Kendall Howard will accept personal and
business checks for prepay orders, but allow 10 business days for clearing.
Credit Cards
Credit card charges are submitted time of order. Kendall Howard does not
apply any surcharge for credit cards.
All Material Copyright Kendall
Howard LLC 2003, All Rights Reserved.
