DIJITAL MAJIK COMPUTER CLINIC, INC.
Other documents. This sale is subject to the terms and conditions stated herein, on the face of the invoice, and in all other documents accompanying the purchase product (s) which are in lieu of and replace 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 here and those on the face hereof, those on the face hereof shall control. ANY ADDITIONAL, DIFFERENT, OR CONFLICTING TERMS AND CONDITIONS ON SUCH DOCUMENTS ISUSSED 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 those 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.
Definitions. “Software” shall mean such programs provided by Seller in machine in a readable object, printed, or interpreted form; “Product” or “Product (s)” shall mean any configuration of hardware and software, including documentation sold or licensed to the Customer. “Seller” shall mean DIJITAL MAJIK COMPUTER CLINIC, INC.
Acceptance. All Product orders placed by Customer with Seller are subject to acceptance by Seller.
Title. Title to Products passes from Seller to Customer upon shipment or delivery from Seller’s facility. Title to Software remains with the applicable licensor (s).
Returns and adjustments. No Product may be returned for any reason without the prior approval of Seller. All returns shall be delivered with shipment prepaid to Seller’s facility in the original packaging or equivalent, together with a dated proof of purchase (including invoice) and a returned material authorization (RMA) number. The RMA number may be requested from (1-320-230-7525) and should be written on the outside of the shipping container. All costs incurred in returning Product (s) to DIJITAL MAJIK COMPUTER CLINIC, INC., including insurance, duties or other fees must be paid by Customer. Customer shall be responsible for all shipping charges and shall
assume all risk of loss or damage to Product while in transit to seller.
If Customer returns parts or systems to DIJITAL MAJIK COMPUTER CLINIC, INC. without prior authorization from DIJITAL MAJIK COMPUTER CLINIC, INC.; beyond the period prescribed by DIJITAL MAJIK COMPUTER CLINIC, INC. for such return; or without an RMA number written on the outside of the shipping container; or without proper packaging, DIJITAL MAJIK COMPUTER CLINIC, INC. retains the right to refuse delivery of such return and charge Customer the retail price of such parts or systems at the time the parts or systems were shipped to Customer (as determined by DIJITAL MAJIK COMPUTER CLINIC, INC.) plus a charge of $60 to cover DIJITAL MAJIK COMPUTER CLINIC, INC’s collection and handling costs. In addition, DIJITAL MAJIK COMPUTER CLINIC, INC. may inactivate the Customer’s account and all service agreements until such payment is made. While a Customer’s account is inactivated, DIJITAL MAJIK COMPUTER CLINIC, INC. shall not provide that Customer with technical support or warranty service. In all cases, any returns, credits or adjustments made by Seller to Customer shall not include the return of shipping and handling charges.
Force majeure. Seller shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, riot, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries by suppliers or other difficulties which are beyond the control, and without subject to availability. In case of production difficulties which are beyond the control, and without the fault or gross negligence of Seller? Quantities are subject to availability. In the event of production difficulties or Product shortages, Seller may allocate sales and deliveries at its sole discretion.
Component resale. Customer shall not engage in the business of reselling components purchased from Seller, or remove components purchased from Products for resale, except upon express prior written authorization of Seller.
Limited Warranty. UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY SELLER, SELLER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SELLER’S PRODUCT (S) AND ALSO AVAILABLE FROM SELLER ON ITS WEB PAGE (http://www.dmcconline.com), OR BY CALLING (1-320-230-7525).
DIJITAL MAJIK COMPUTER CLINIC, INC. warrants only that all hardware components will be free from manufacturing defects for a period of up to Three Years from date of purchase. DIJITAL MAJIK COMPUTER CLINIC, INC. will repair or replace warranted hardware components a no cost to Customer, for the first Two Years. The Third Year is parts only. Any claim against Seller must be made within the applicable warranty period and Seller has no liability thereafter. Customer must follow the procedures set forth in the Returns and or Adjustments section when making a claim, All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with products instructions, acts of nature, unusual temperatures or humidity, improper installation, damage determined by DIJITAL MAJIK COMPUTER CLINIC, INC. to have been caused by the Customer, or repairs made by anyone other than DIJITAL MAJIK COMPUTER CLINIC, INC. at its sole discretion, may substitute functionally equivalent new or serviceable reconditioned products for products replaced under warranty, DIJITAL MAJIK COMPUTER CLINIC, INC’s responsibility under its limited warranties is limited to repair or replacement, either of which may be selected by DIJITAL MAJIK COMPUTER CLINIC, INC. at its sole discretion. Any parts replaced by Seller become the property of Seller. All limited warranties granted on Products are to the initial Customer end-user and are nontransferable. Customer agrees to indemnify and hold Seller harmless from all claims, judgments, liabilities, expenses, or costs arising from Customers breach of these terms and conditions of sale and/or acts or omissions. Customer is responsible for regular backing-up of Customer’s hard drive or other device to create an exact duplicate of the data on Customer’s hard drive or other device. SELLER WILL NOT BE RESPONSIBLE FOR DATA LOST ON CUSTOMER’S HARD DRIVE OR OTHER DEVICE OR FOR THE ATTEMPTED SALVAGE RECONSTRUCTION OF LOST DATA.
Seller is not responsible for errors and/or malfunctions of any software products. Under no circumstances will DIJITAL MAJIK COMPUTER CLINIC, INC. warranty any software on hardware whether or not said software was installed by any member of the DMCC staff. (One example: Installation of Anti-virus does not guarantee you will be free from viruses, Dijital Majik has no control over computer usage by user, or virus activity on the internet.)
Warranty and Viruses. Under no Circumstances will DIJITAL MAJIK COMPUTER CLINIC, INC. warranty or be held responsible for any damage (Software or Hardware) caused by or as a residual effect of any virus, spy ware, Trojan, malicious code, etc NO EXCEPTIONS (Customer will be responsible for any charges incurred to repair such problems)
Critical components. The Seller’s Products are not authorized for use as critical components in life-support devices or systems without the express prior written approval of the President of Seller. Life-support or sustain life and whose failure to perform can be reasonably expected to result in a significant injury to the user. Critical components are those whose failure to perform can be reasonable expected to cause failure of a life-support device or systems or affect its safety of effectiveness.
LIMITATION OF LIABILITY. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES 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.
NO WARRANTY OF INTELLECTUAL PROPERTY RIGHTS. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT SELLER DOES NOT WARRANT THAT PRODUCT (S) ARE FREE OF CLAIMS OF PATENT, TRADEMARK, TRADE SECRET, OR COPYRIGHT INFRINGEMENT BY A THIRD PARTY. BUYER HEREBY WAIVES AND SELLER HEREBY DISCLAIMS ANY SUCH WARRANTIES OR INDEMNIFICATION FOR SUCH DISCLAIMS ANY INFRINGEMENT (S) OF INTELLECTUAL PROPERTY RIGHTS.
Substitutions and modifications. Seller reserves the right to substitute or change materials, parts, Products specifications or functional attributes at any time without notice.
Warranty null and void. Warranty on any and all hardware shall become null and void if warranty seal on hardware is broken or tampered with in any way. NO EXCEPTIONS
User Rights to Software. Copyright law and/or international treaty provisions protect any software included with the Product. 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. The law of the State of Minnesota, without regard to its conflict or choice of law provisions governs this agreement. Customer acknowledges and agrees that Steams County, Minnesota is the selected venue of any litigation and those Minnesota courts have sole jurisdiction over this agreement and Customer. In the event Customer and Seller are unable to resolve any dispute, and any collection action, suite or other judicial proceeding is commenced, Seller shall be entitled to recover its cost, disbursements and reasonable attorneys’ fee incurred.
Assignment. Customer shall not assign its rights or obligations hereunder without the express prior written consent of Seller.
Entire agreement. These terms and conditions, including those on the face hereof, constitute the entire agreement with regard to this sale and expressly supersede and replace any all prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of Customer’s documents or purchase orders, This agreement shall be binding upon the heirs, successors and assigns of the parties hereto, if any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.