Terms and Conditions of Sale 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 CCT, TECHNOLOGIES, INC. ("dba COMPUTERLAND OF SILICON VALLEY"), 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 COMPUTERLAND OF SILICON VALLEY. 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 "COMPUTERLAND OF SILICON VALLEY" shall relate to COMPUTERLAND OF SILICON VALLEY, Inc. 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 COMPUTERLAND OF SILICON VALLEY 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 COMPUTERLAND OF SILICON VALLEY. 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 COMPUTERLAND OF SILICON VALLEY 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 CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN SANTA CLARA COUNTY, CALIFORNIA FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT. Title; Risk of Loss Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by COMPUTERLAND OF SILICON VALLEY is COMPUTERLAND OF SILICON VALLEY’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). General Legal Disclaimer COMPUTERLAND OF SILICON VALLEY 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 COMPUTERLAND OF SILICON VALLEY 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. Third-Party Product All products sold by COMPUTERLAND OF SILICON VALLEY are third party products and are subject to the warranties and representations of the applicable manufacturers. Pricing and Information Disclaimer All pricing subject to change. For all prices, products and offers, COMPUTERLAND OF SILICON VALLEY 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 COMPUTERLAND OF SILICON VALLEY uses reasonable efforts to include accurate and up-to-date information on the Site, COMPUTERLAND OF SILICON VALLEY makes no warranties or representations as to the Site's accuracy. COMPUTERLAND OF SILICON VALLEY assumes no liability or responsibility for any errors or omissions in the content on the Site. Limitation of Liability COMPUTERLAND OF SILICON VALLEY 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. COMPUTERLAND OF SILICON VALLEY 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, COMPUTERLAND OF SILICON VALLEY 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. Orders; Payment Terms; Interest; Taxes Orders are not binding upon COMPUTERLAND OF SILICON VALLEY until accepted by COMPUTERLAND OF SILICON VALLEY. Terms of payment are within COMPUTERLAND OF SILICON VALLEY's sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. COMPUTERLAND OF SILICON VALLEY 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. Freight Policy All orders 5 pounds or less and totaling less than $200 will be shipped via ground transportation within the 48 continental states for a total shipping, handling and insurance charge of $5.95. Shipping and handling charges on all other orders vary; contact your COMPUTERLAND OF SILICON VALLEY account manager for our most current and competitive rates, options and shipping specials. Return Policy • COMPUTERLAND OF SILICON VALLEY offers a 30-day return policy on selected items based on manufacturer return policies. For further information not listed, please contact your COMPUTERLAND OF SILICON VALLEY account manager. • Please call 408-519-3223 or e-mail our Returns Department at returns@CLAND.com to obtain a Return Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without an 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 nature of the problem. • All products returned MUST: be 100 percent complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, contain all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer. • You are responsible for shipping charges on returned items; COMPUTERLAND OF SILICON VALLEY will match your shipping method on your replacement or exchange item(s). • COMPUTERLAND OF SILICON VALLEY strongly recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection. • If merchandise arrives damaged: 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 COMPUTERLAND OF SILICON VALLEY to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify COMPUTERLAND OF SILICON VALLEY immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify COMPUTERLAND OF SILICON VALLEY 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. Call 408-519-3223 or your COMPUTERLAND OF SILICON VALLEY Account Manager to arrange for carrier inspection and a pick up of damaged merchandise. • DEFECTIVE returns can be returned directly to COMPUTERLAND OF SILICON VALLEY within 30 days from the invoice date, at COMPUTERLAND OF SILICON VALLEY'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 can ONLY be replaced with the same item. After 30 days, all manufacturers' warranties apply. • NON-DEFECTIVE returns can be accepted directly by COMPUTERLAND OF SILICON VALLEY within 30 days from the invoice date, at COMPUTERLAND OF SILICON VALLEY's discretion for: credit, exchange. All NON-DEFECTIVE returns are subject to a 15 percent restocking fee. • Due to manufacturers' policies, COMPUTERLAND OF SILICON VALLEY cannot accept returns of the following items for exchange, replacement or credit FOR ANY REASON: (Apple, IBM, Hewlett-Packard/Compaq). DEFECTIVE merchandise can be returned for REPAIR ONLY to: COMPUTERLAND OF SILICON VALLEY, the manufacturer direct or any authorized service center in your area. Additional manufacturers may be added to this list as: manufacturer policies change, manufacturer goes out of business or in the case of specially ordered items. Customers are responsible for all shipping charges back to COMPUTERLAND OF SILICON VALLEY on returned items, and COMPUTERLAND OF SILICON VALLEY will pay the shipping charges on the replacement or exchange item(s) going back. 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. Click here to get COMPUTERLAND OF SILICON VALLEY contact information.