This acknowledgment constitutes an acceptance by the Buyer and 1st Choice Memory, hereafter referred to as "Seller". All the terms and conditions are contained herein. This receipt shall become the entire contract between the buyer and the seller. Seller shall mean Seller as listed in the records of the County of Orange, California, USA. Seller shall also apply to any and all principals of Seller. Buyer shall apply to the original purchaser of the goods listed on the face of this document. All terms and conditions of this sale including, but not limited to the limitations of liability also apply to any other individual, company, organization or group that may at any point posses or use the items listed on the face of this document. If Buyer does not agree to these ?Terms and Conditions of Sale? Buyer can cancel this contract by returning all the products (in the original unopened anti-static packaging) to the ?RMA Center? address below within 5 business days from the original date of receipt of goods. We will reimburse reasonable return shipping charges for unopened cancelled orders. Opening the sealed anti-static packaging acknowledges acceptance of this contract.
Sales of Goods
All billings for goods shall be at the purchase price indicated on the face hereof. Unless otherwise indicated. Seller reserves the right to demand final payment for the entire purchase price for all the goods contained on the face hereof, within 30 days from the date of shipment of the goods. All credit card orders cancelled by the buyer after order download, but before shipment shall be subject to a 5% cancellation fee. 1st Choice Memory accepts credit card not present transactions at our sole discretion and may require the cardholder to provide documentation to support cardholder participation prior to order shipment. All special order items and custom configured barebones and systems are deposit sales and may require payment of a deposit for a full amount of the sale prior to assembly. This deposit will apply in full to the sale upon shipment and may be cancelled at any time before shipment. In the event, of late payment buyer shall be bear a late charge of 4% of the full purchase price per month or the maximum allowed by law. In addition the buyer shall be liable for all reasonable costs and expenses incurred by Seller in collection of sums owed to Seller. ?Freight? charges listed on the front of this document include shipping, handling & packaging material costs.
Delivery Title and Risk of Costs
Seller shall in no event be liable for any direct, indirect, special, consequential or any other damages caused to buyer due to a delay in, failure of, errors in, or damage during the shipments of these goods. Unless otherwise agreed in writing, delivery shall be complete upon the transfer of possession to a common carrier, F.O.B. Sellers warehouse, wherein all risk of loss or damage or destruction shall pass to the Buyer. Unless otherwise agreed to in writing, title shall remain with Seller until all payments hereunder have been made.
Law of the State of California
The laws of the state of California without regard to its conflict -of-laws rules shall govern the entire transaction contemplated hereunder.
Limits of Liability
In no event or circumstance shall Seller in any way be liable for any loss, risk of loss, or damage, either direct or in direct, or for any direct or indirect or consequential damages arising from the use of any product contained on the face of this document. Seller shall not be responsible for loss of income, potential income, data, or information or damage to any item as a result of the use, misuse or failure of any items listed or described on the face hereof. Seller shall not be responsible in any way for any loss or damage relating to the transfer of credit card or other information to and from the buyer and seller.
The purchase price is exclusive of any California or other applicable state or federal or international taxes or duties or fees. Any fees, taxes, or duties applicable for any reason are the sole responsibility and shall be paid by the Buyer.
Unless otherwise agreed upon in writing, Seller warrants the goods sold herein shall be free from defects in materials and workmanship for the a period of 7 days, 10 days, 15 days, 30 days, 90 days, 1 Year, 5 years or Lifetime as noted in the description of each item. If no warranty period is specified in the description of an item, the warranty for that item is no longer than one year from date of purchase. Seller's liability shall be solely limited to the cost of any necessary repair, replacement or refund to the customer. In the event that a product becomes reasonably unavailable or its replacement cost is more than 50 percent greater than its original selling price Seller reserves the right to void this warranty. The Warranty on any and all products shall be null and void if the product has in any way been physically damaged, tampered with, modified, altered, mishandled, improperly installed, been exposed to static discharge or strong magnetic fields or any other improper conditions or use. Brand name products may be covered separately by the manufacturer. We reserve the right to direct warranty service to the original manufacturer.
For any and all defective product claims Buyer must fill out and follow all instructions on the form below. Any claims for shortages must be reported to buyer within 3 days of receipt of goods, or the minimum number of day allowed by law, whichever is greater. Seller reserves the right to charge Buyer a minimum of 15% restocking fee (25% on Laptop Computers) on all returned or exchanged products *. Defective products will only be exchanged for like items. Non defective items will only be exchanged for a maximum of 30 days from the date of original shipment to Buyer. After 30 days from date of purchase, Seller reserves the right to honor product warranty by repair or replacement or referral to the Manufacturer. Seller reserves the right to refuse or return to Buyer any non-defective items. All return shipping costs for defective or non-defective items are solely the responsibility of the Buyer. Items that are special, unique or that were custom configured may not be exchanged or refunded. Value for all refunds & exchanges will not exceed the current selling price for like item. All shipping charges are non-refundable in any circumstance. Seller reserves the right to charge a service fee for testing returned merchandise, if customer reported defect is not found.
*Atlas Precision & Viking Components Brand Memory can be refunded or exchanged within 30 days with no restocking fee. Return shipment on incompatible or defective Atlas Precision Brand Memory returned within 30 days from the original date of purchase may be refunded to the Buyer provided that the buyer includes a copy of the US Postal receipt; maximum shipping cost refund amount for Atlas Precision Brand Memory is $6.00 per shipment.
This acknowledgment contains all the terms and conditions with respect to the purchase of goods sold hereunder and there are no other representations, warranties, express or implied affecting this instrument not expressly set forth herein. In no event shall Seller be liable for any special, indirect, direct, or consequential damages arising out of the acknowledgment with Buyer.
Other Terms & Conditions
1st Choice Memory Reserves the Right to Refuse Sales to Direct Competitors
1st Choice Memory is not responsible for typographical or pricing errors on this website