Terms of Service |
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1. Entire Agreement. Any agreement for the purchase of goods and/or services from The I.T. Workshop shall be governed by and is made subject to the Business Terms and the Returns Policies stated below (collectively, the "Agreement"). This Agreement constitutes the entire agreement between the parties relating to the products and services provided by The I.T. Workshop to Customer. This Agreement may not be amended or modified except by a written instrument executed by the party against whom enforcement is sought, provided that The I.T. Workshop may, at its sole option, revise the Agreement from time to time without notice to Customer by posting the revised Agreement terms on its website. Prices and availability are subject to change without notice. 2. Accuracy of Data. The I.T. Workshop obtains certain data directly from the manufacturer or distributor of certain products. While The I.T. Workshop makes every effort to ensure the accuracy of this data, this website could include typographical errors and/or technical inaccuracies. The I.T. Workshop reserves the right to make improvements and/or changes to such data and/or this website at any time. The I.T. Workshop makes no warranty of any kind with respect to the data on this website or the accuracy of advice given by The I.T. Workshop employees, whether or not such advice is made in writing. 3. Representations; Changes and Corrections. Photos may not represent actual product. Typographical, product description, pricing and other errors are subject to correction by The I.T. Workshop even after orders and/or payment are accepted. Additionally, The I.T. Workshop may make pricing changes needed to avoid material profit losses due to manufacturer price changes, changing market conditions or product discontinuation, even after orders and/or payment are accepted. The I.T. Workshop may revise or rescind an order to correct an error or pricing issue not detected until after fulfillment of such order, and Customer may either accept The I.T. Workshop's proposed revision to the order or rescind the order if such proposed revision is unacceptable. In the event an order is rescinded due to The I.T. Workshop's error or pricing adjustment, The I.T. Workshop will bear all shipping costs and Customer will receive a full refund for products returned in new condition. Although Internet orders generate an automatic confirmation and response e-mail, The I.T. Workshop may change its pricing, product description or specification after any order confirmation or response e-mail but prior to shipment due to errors, changing market conditions, product discontinuation or typographical errors. 4. Customer's Responsibility for Certain Shipping Charges. If Customer requests shipping charges be paid either on a collect basis or on Customer's account with the shipping company, and Customer refuses the shipment or refuses to pay the applicable shipping charges, The I.T. Workshop may bill Customer, and Customer agrees to pay The I.T. Workshop, for all resulting charges incurred by The I.T. Workshop either directly or through its supplier. 5. Delivery. All equipment will be delivered to Customer from The I.T. Workshop's facility or the facilities of any of The I.T. Workshop's vendors who are shipping directly to Customer. Regardless of the terms of shipment and who pays for freight, the risk of loss shall pass to Customer when the equipment is delivered to the transportation carrier, and The I.T. Workshop is not responsible for any loss or damages to the equipment during shipment. The I.T. Workshop will use its best efforts to meet the delivery time stated but does not, under any circumstances, guarantee delivery by the stated time and is not responsible for any damages caused by the failure to meet the stated delivery time. 6. Goods Purchased for Export. If goods herein being purchased are being purchased for purposes of export, Customer must obtain from the 7. Taxes. Customer will pay all Federal, state, local, excise and other taxes imposed upon the products and services offered hereunder, excluding the taxes based on The I.T. Workshop's income, assets or net worth. Customer may provide The I.T. Workshop a tax exemption certificate (subject to review and acceptance by The I.T. Workshop's tax department). Any tax imposed by federal, state or other governmental authority on or with respect to the sale, purchase, delivery or use of equipment and services shall be paid by Customer. 8. Backup. Customer is responsible for back-up and other protection of its data against loss, damage or destruction. The I.T. Workshop will have no obligation or liability with respect thereto unless caused by its gross negligence or intentional misconduct. 9. Customer's Specifications. If any services, products or equipment provided under this Agreement are pursuant to or at the direction of Customer or contain software provided to The I.T. Workshop by Customer, Customer agrees to indemnify and hold The I.T. Workshop harmless from and against all liability, loss, damage and expense, including reasonable counsel fees, resulting from any claim by a third party of infringement, or any litigation based thereon, and such obligation shall survive payment therefore by the Customer. The I.T. Workshop will rely on the specific instruction, information and/or other software provided by Customer. The I.T. Workshop will not be responsible for delays or default in the failure of Customer to provide accurate instructions or information. 10. Customer’s Account: Customer is responsible for maintaining the confidentiality of account and password and for restricting access to Customer’s computer. Customer agrees to accept responsibility for all activities that occur under Customer’s account or password. The I.T. Workshop reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion 11. Licensing. Customer understands that for any and all software it authorizes The I.T. Workshop to install on Customer machines on behalf of Customer, that Customer accepts responsibility for acquiring valid licenses for installed software products - whether installed as individual software products, part of a software image or any other method. Customer understands that installation of software products by The I.T. Workshop does not constitute a right to use the software; a valid software license must be acquired for each product that is installed. 12. Limited Warranty. EQUIPMENT, PRODUCTS OR SERVICES PURCHASED BY CUSTOMER FROM THE I.T. WORKSHOP THAT WERE MANUFACTURED, PRODUCED OR PROVIDED BY THIRD PARTIES ("THIRD PARTY PRODUCTS") ARE PROVIDED ON AN "AS IS" BASIS, AND THE I.T. WORKSHOP MAKES NO WARRANTY WITH RESPECT TO SUCH THIRD PARTY PRODUCTS. If Customer discovers within the applicable warranty period a failure of the Third Party Products to substantially conform to the specifications or a defect in material or workmanship, Customer must promptly notify the manufacturer in writing. Customer will look solely to the third party that manufactured, produced or provided the Third Party Products for recovery on any claim of liability, whether express or implied, and will hold The I.T. Workshop harmless therefrom. The I.T. Workshop's sole responsibility with respect to Third Party Products shall be to pass through to Customer any manufacturer warranties of the Third Party Products. 13. Negation of Warranty. The I.T. Workshop does not warrant (a) product, components or parts not produced by The I.T. Workshop, (b) defects caused by failure to provide suitable installation or application environment for the equipment, (c) damage caused by use of the equipment for purposes other than those for which they were intended, (d) damage caused by disaster such as fire, flood, wind and lightning, (e) damage during shipment, (f) damage caused by unauthorized modification or improper installation of the equipment, or (g) any other abuse or misuse by Customer. No agent or employee of The I.T. Workshop or any other party is authorized to make any warranty in addition to those made in this Agreement. 14. Disclaimer of Warranty. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND THE I.T. WORKSHOP HEREBY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 15. Limitation of Liability. Except for loss, damage and expense caused by gross negligence or intentional misconduct, neither party shall be liable to the other party for any indirect, special or consequential damages (including loss of profits) arising out of this Agreement, regardless of the form of action or theory of relief. Any liability arising under this Agreement is limited to the total fees and authorized costs received by The I.T. Workshop for services rendered pursuant to this Agreement. Further, no action, whether for indemnification or otherwise, regardless of form, arising out of the transactions under this Agreement, may be brought by either party more than one (1) year after the damage, loss or expense occurred, except that an action for non-payment may be brought within one (1) year after the date of last payment. Except as otherwise provided herein, The I.T. Workshop is not liable for any claim made by a third party or made by Customer for a third party. 16. Termination. The I.T. Workshop or Customer may terminate any order made pursuant to this Agreement with or without cause upon five (5) business days prior written notice to the other party. Termination shall not relieve Customer's duty to pay for equipment actually shipped, services actually performed or expenses incurred by The I.T. Workshop pursuant to this Agreement. 17. Nature of Relationship. The I.T. Workshop is acting as an independent contractor to Customer. No personnel employed or engaged by The I.T. Workshop to perform the services for Customer will be considered Customer's employees, agents, partners, joint venture partners, or franchisor. Each party to this Agreement agrees to comply with all applicable laws, rules, and ordinances. 18. Governing Law and Venue. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE STATE OF ARIZONA WITHOUT GIVING EFFECT TO ANY CHOICE-OF-LAW RULES. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM OTHER LOCATIONS DO SO ON THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE. ANY ACTION OR PROCEEDING SEEKING TO ENFORCE ANY PROVISIONS OF, OR BASED ON ANY SUIT ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT AGAINST ANY OF THE PARTIES IN A COURT OF COMPETENT JURISIDICTION. NOTWITHSTANDING THE FOREGOING, CUSTOMER HEREBY AGREES THAT THE I.T. WORKSHOP MAY BRING ANY ACTION, PROCEEDING OR SUIT RESULTING FROM CUSTOMER'S NON-PAYMENT IN THE COURTS LOCATED IN MARICOPA COUNTY, ARIZONA, AND CUSTOMER HEREBY CONSENTS TO SUCH COURTS' JURISIDICTION. 19. Other. The terms, conditions and prices contained in any quote from The I.T. Workshop are subject to change until such time as Customer accepts the quote, furnishes payment or an obligation to pay that is satisfactory to The I.T. Workshop's Credit Department, and thereby converts or directs the conversion of the quote to an order. The I.T. Workshop shall have no obligation to honor any quotes until they are so accepted and converted. Travel expenses, sales tax and freight and delivery are not included in this Agreement and, where applicable to services and products purchased by Customer hereunder, will be the responsibility of the Customer. If Customer claims exemption from sales tax, an exemption certificate will be provided to The I.T. Workshop prior to conversion of any order to which such exemption applies. |
