PLEASE READ FOLLOWING TERMS CAREFULLY BEFORE MAKING ANY PURCHASE THROUGH THE SITE OR WHICH IS OTHERWISE SUBJECT TO THESE TERMS OF USE AND SALE. Set forth hereafter are certain additional terms and conditions that apply to any purchase made by you (including your employer and/or any of its affiliates, or any other entity or person on whose behalf you are acting, "you" or "Customer") from us using the Site or otherwise subject to these Terms of Use and Sale. By using the Site, placing an order and/or submitting a purchase order to us that is subject to these Terms of Use and Sale you agree to be bound by these Terms of Use and Sale, to the fullest extent permissible under applicable law. If you and an authorized representative of ours have each signed and delivered a separate master purchase agreement, purchase order or statement of work, then such separate master agreement, purchase order or statement of work shall govern, to the extent of any conflict between its terms and those of these Terms of Use and Sale, otherwise, these terms shall govern including for any orders made by telephone through your Account Executive.
Order Acceptance Policy. Orders are not binding on us until accepted by in accordance with these Terms of Use and Sale, including without limit terms applicable to errors and our cancelation rights related thereto, and we reserve the right to accept or decline any order for any reason, and/or to supply less than the quantity ordered of any item without prior notice. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor, to the fullest extent permissible under applicable law, does it constitute confirmation of our offer to sell. Until delivery of goods or performance of services we reserve the right to reject or cancel any order (or any portion thereof to the extent goods remain undelivered or services remain unperformed), for any reason or no reason. We are a reseller to end user business customers and do not accept orders from computer dealers, exporters, wholesalers, or others who intend to resell the goods offered by us unless specifically agreed to in a writing signed and delivered to you by an authorized officer of Pro Printech. Customer hereby represents and warrants that it is not purchasing goods for export and/or resale unless pursuant to a separate written Agreement executed and delivered by an authorized officer of Pro Printech. In the event of any export, Customer agrees to comply with all applicable laws and regulations, including but not limited to Indian Commerce Department regulations and State Department restrictions governing export from the United States and, to the fullest extent permissible under applicable law, shall indemnify, defend and hold us harmless from any third party claim arising out of or related to any such export transaction.
Purchase Price and Payment. Prices, specifications and availability of goods and services are subject to change without notice. Customer will pay the price established by us for all goods ordered by Customer or using Customer's account. Full payment shall be made before delivery of the goods, unless otherwise agreed in writing by us. Any amount that we agree may be paid after delivery is due to us within three (3) days, or such lesser period as may be determined by us as set forth in an applicable invoice. In addition to the purchase price and any shipping costs, Customer will pay all applicable taxes, including but not limited to sales, use, value added, gross receipts, privilege, excise and personal property taxes as well as other similar taxes and/or charges, levied on or measured by the purchase price or sale of goods or arising from, furnished, or in connection with the use of the goods and any parts or maintenance supplied or the services rendered. Prices do not, unless otherwise specified, include supplies. To the fullest extent permissible under applicable law, You agree to pay interest on all past-due sums at the lesser of 2% per month or the highest rate allowed by applicable law.
Title and Risk of Loss. Title and risk of loss to all items purchased subject to these Terms of Use and Sale passes from us to you at the time of delivery by us to the shipping destination, provided, however, title to software and other licensed items will remain with the applicable licensor(s). Customer shall have full liability for the safety and validity of delivery address given to us at the time of purchase, to the fullest extent permissible under applicable law. We will not incur any forwarding costs on shipments.
Shipping Options and Policies AT Pro Printech, WE STRIVE TO SHIP YOUR ORDER AS QUICKLY AS POSSIBLE. HOWEVER, BECAUSE OF INVENTORY, SHIPPING, AND MATTERS OUTSIDE OF OUR CONTROL, OUR STATEMENTS AS TO USUAL SHIPPING TIMES ARE NOT GUARANTEES OR PROMISES THAT A PRODUCT WILL SHIP ON A SPECIFIC DAY. IF YOU WISH TO FIND OUT THE EXPECTED DATE OF SHIPMENT ON A PARTICULAR ITEM OR ORDER, PLEASE MAIL US AT info@Pro Printech.com FOR MORE INFORMATION. AT A MINIMUM, WE EXPECT THAT ALL IN STOCK ORDERS WILL BE SHIPPED IN 7 DAYS. We ship both from our central warehouse and directly from many of our distributors and manufacturers to insure the best availability. If your order is unavailable in our central warehouse, we may ship from one of our distributor or manufacturer partners to provide you with the best availability possible. When the product is shipped from these different locations cut off times may vary, and your chosen shipping method may not be available. We use a highly efficient inventory, shipping and delivery system-our efficiencies result in huge savings that we pass along to you! We offer a wide variety of shipping options and special deliveries.
Shipping, packaging, handling and Insurance. You agree to pay all shipping, packaging, handling and related insurance costs and fees, which may include a profit. In the event that Customer returns goods permitted under these Terms of Use and Sale, Customer shall insure, at Customer's expense, all goods shipped in an amount at least equal to the unpaid purchase price of the goods. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CUSTOMER ASSUMES ALL RISK OF LOSS IN CONNECTION WITH THE SHIPMENT OF RETURNED GOODS.
Rerouting. After shipment, packages cannot be rerouted or placed on hold for pick through carrier hub.
Software Licenses. All software is provided subject to any manufacturer's license agreement(s) and/or end user agreement(s) that are provided with it. To the fullest extent permissible under applicable law, Customer will be bound by all such licenses and/or end user agreements.
Delays in Performance. Any delivery times provided by us are estimates only. We shall not be liable for delivery delays, nor shall we be liable for any delay in performance due to unforeseen circumstances or to causes beyond our reasonable control including, but not limited to, acts of nature, acts of government, labor disputes, delays in transportation and delays in delivery or inability of suppliers to deliver.
Alteration or Attachment to Goods. Any alteration, modification, addition, improvement or attachment to the goods ("Alteration") not authorized in writing by us shall be solely at your expense and risk. In the event of any such unauthorized Alterations any warranty under these Terms of Use and Sale, including without limitation any warranty of merchantability or fitness of use that may be implied despite our express disclaimer of any such warranty, shall be deemed waived by you and shall be null and void, and we shall have no obligation to you under any such warranty, nor will you be entitled to return altered goods at any time, to the greatest extent permissible under applicable law.
Deposits. Without limiting any rights or remedies available to us, and to the greatest extent permissible under applicable law, in the event that we accept a deposit from you for goods ordered: (a) if you fail to meet any schedule of payments listed on the invoice, or to complete the purchase for any reason other than for cancellation of goods not delivered, in addition to any other rights at law or in equity, we will have the right to, within thirty (30) days of the deposit date, retain all cash, checks and credit card deposits as partial damages; and (b) if Customer chooses to pick up ordered goods rather than ship them, and if Customer fails to pick up ordered goods within two (2) weeks of the posting of the arrival notice from us, you agree to forfeit all cash, check or credit card deposits for the goods.
DISCLAIMER OF WARRANTIES FOR GOODS AND SERVICES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL GOODS AND SERVICES SOLD UNDER THESE TERMS OF USE AND SALE ARE PROVIDED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EXCEPT THOSE EXPRESSLY CONFERRED BY THE MANUFACTURER. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY FOR GOODS AND SERVICES. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, REPRESENTATIVES OR AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, LOSS OF BUSINESS PROFITS OR SPECIAL DAMAGES, HOWEVER CAUSED, ARISING FROM THE USE OF ANY GOODS OR SERVICES, EVEN IF ANY SUCH PARTYHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE FOREGOING LIMITATION MAY NOT APPLY TO THE EXTENT SUCH STATE'S LAW IS APPLICABLE TO THIS AGREEMENT. NEW JERSEY LAW HOLDS THAT LIMITATIONS OF LIABILITY ARE ENFORCEABLE SO LONG AS THE LIMITATION IN QUESTION DOES NOT VIOLATE PUBLIC POLICY AND THAT EXCLUSIONS OF DAMAGES ARE ALLOWED SO LONG AS THEY ARE NOT UNCONSCIONABLE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CUSTOMER AGREES THAT CUSTOMER'S SOLE REMEDY SHALL BE TO RETURN GOODS IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF USE AND SALE AND, IF APPLICABLE, TO OBTAIN A REFUND OF THE AMOUNT OF THE PURCHASE PRICE PAID BY CUSTOMER TO US, LESS ALL SUMS, IF ANY, CUSTOMER OWES US.
ACTION. Neither you nor we may be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals' disputes be consolidated or otherwise determined in one proceeding. This class action waiver applies if you bring your claim in arbitration and if you bring your claim in small claims court.
Right of Offset. At any time that an amount is due to us, we shall have the right, without prior notice, to set off and apply any amounts otherwise owed by us to purchaser, to any amounts owed to us by purchaser, in all cases, to the fullest extent permissible under applicable law.
Governing Law and Documentation. Transactions between you and us, and any disputes arising between us related to any interaction between us resulting or connected to your use of the Site or the Site Services or any purchases by you made through the Site or subject to these Terms of Use and Sale, including but not limited to claims relating to the content of any of our catalogs or the Site, shall be governed by and construed in accordance with the laws of the Govt. of India without regard to the laws regarding conflicts of law, to the fullest extent permissible under applicable law. If any provision of these Terms of Use and Sale shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and Sale and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use and Sale, together with any the policies printed in any of our catalogs or on the Site, as applicable, and any policies, terms or conditions stated on any applicable of our invoices or packing slips, constitute the entire agreement between the parties relating to the subject matter herein, and cannot be modified except in a written agreement signed by both parties and no conflicting purchase order or other document not executed and delivered by an authorized officer of Pro Printech shall be deemed to have been accepted by us or to apply to any such matters or transactions.
Jurisdictional Issues. The Site is controlled and operated by us from our principal headquarter offices at 5A,Tilak Marg, C Scheme , Jaipur 302005, and, to the fullest extent permissible under applicable law, is not intended to subject us to the laws or jurisdiction of any state, country or territory other than the Jaipur court and the Govt. of India. To the fullest extent permissible under applicable law, We do not represent or warrant that the Site, Content, or Services, or any aspect thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with local laws. To the fullest extent permissible under applicable law, We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export, or re-export all or any part of the Site Services or goods, services or solutions you obtain from us to any country outside of the India..
Miscellaneous. These Terms of Use and Sale do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. If any provision of these Terms of Use and Sale is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and Sale and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense, or otherwise transfer any or all of your rights or obligations under these Terms of Use and Sale without our prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to these Terms of Use and Sale or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms of Use and Sale and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use and Sale to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Non-Returnable Items. No returns or refunds will be made for items that are special orders for you or for unusual custom configurations of systems or open box product.
Concealed damage on a shipment must be reported within 7 days. If you do not notify us of damaged goods within the first 7 days of arrival, to the fullest extent permissible under applicable law, the regular return policy will override any claim of damage, and your purchase(s) will fall under all current manufacturer restrictions.
Defective/ Dead On Arrival Non-Software Products. Certain products (excluding Apple and the product manufacturers listed above) may be approved for return by our technical support division if reported to us within the first 15 days after receipt of shipment, and only after support from the original manufacturer has been received. The return must be 100% complete, in original and resalable condition, with all original packaging, manuals, registration card(s) and software. Original shipping, packaging, handling and related charges are not refundable. Shipping charges on returned products are the responsibility of the customer. We will match the shipping method and pay for shipping charges to you on replacement or exchange products. All late, non-defective, and/or incomplete returns are subject to minimum 15% restocking fee or, if lower, the greatest amount permissible under applicable law.
Non-Defective Product Return. Customers may return most non-defective items (subject to manufacturer's return policy) to us within 30 days of invoice, either for credit or exchange. An automatic 15% restocking fee or, if lower, the greatest amount permissible under applicable law applies to all such returns. All shipping, packaging, handling and related charges are not refundable.
Order Discrepancies. Any order discrepancies, i.e., missing items/components; mis-shipments; short-shipments, must be reported either to your Account Executive or to the Customer Service Department within 3 days of receipt of the shipment.