By accepting delivery of any product delivered from
Akromo.com ("Akromo"), you ("Customer") agree to be
bound by the terms and conditions listed below. You and
Akromo.com agree that the following terms and conditions are
the exclusive terms governing the sales transaction between
Customer and Akromo.com. Any attempt to alter, supplement,
modify or amend these terms and conditions by the Customer will be
considered a material alteration of this agreement and, therefore,
are null and void. In addition, these terms and conditions are
subject to change at any time, without prior written notice.
Therefore, please check these terms and conditions carefully each
time you place an order with Akromo.com or accept delivery of
any goods from Akromo.com.
1. Akromo.COM SATISFACTION GUARANTEE
Akromo.com offers our customers a 30-day satisfaction or
refund guarantee on all purchases, except:
Any product missing the serial number or UPC bar code.
Notebooks are non-refundable. Notebook purchases within 30 days
from the original invoice date are eligible only for repair in
case of a defective notebook.
Ink cartridges and toners may only be returned for refund within
30 days of the original invoice date if the retail/OEM packaging
is unopened and not tampered with.
7-day refund guarantee on Retail and OEM processors. All refunds
on processors will be subjected to a 15% restocking fee to reflect
the current market value.
Refurbished merchandise is non-refundable. All refurbished
merchandise has a 15-day warranty period.
Software may only be returned for refund within 10 days of the
original invoice date if the retail/OEM packaging is unopened and
not tampered with. Opened software cannot be returned for refund.
Opened software within 10 days of the original invoice date may
only be exchanged for an identical replacement in case of a
defective media.
To take advantage of Akromo.com's satisfaction guarantee, the
customer must comply with the Product Return Procedure detailed
below. Any breach of Akromo.com's Return Policy Procedure
will result in the loss of Akromo.com's refund guarantee.
Furthermore, all return shipments not in compliance with these
instructions will be rejected.
Product Return Procedure
To return a product in compliance with Akromo.com's
satisfaction guarantee, you must obtain an RMA (Return Merchandise
Authorization) number within the guarantee return period for the
product (described above). Please click here to acquire an RMA
number. All RMA requests must be filed online. Akromo.com
will not accept returns without prior authorization and an RMA
number. Once issued, RMA numbers are valid for 15 days within
which return products must be received by Akromo.com. RMA
numbers will not be extended or reissued. Customer should
prominently display the RMA number(s) on the shipping label of
boxes containing the returned product.
Customer is solely responsible for shipping any returned product
to Akromo.com. Customer agrees to use only reputable carriers
capable of providing proof of delivery and insurance for the
entire value of the shipment. Customer agrees to bear all shipping
and insurance charges and all risk of loss for the return product
during shipment. Customer agrees that all returned products will
be 100% complete, in re-saleable condition, and will include the
original packaging material, manuals, blank warranty cards, and
other accessories provided by the manufacturer. If any component
of the returned product is missing, Akromo.com's Return
Procedure will be breached and Akromo.com may in its sole and
absolute discretion reject the entire return or choose to impose
additional charges against the customer for replacement of the
missing component(s).
Akromo.com will not refund to Customer the original
shipping charges. In addition, Akromo.com will assess a 15%
restocking fee against the Customer's account on all returns for
refund.
2. WARRANTIES
Akromo.com is a distributor only. Products sold by
Akromo.com are not manufactured by Akromo.com. The
products may, however, be covered by each manufacturer's warranty,
service, and support policy (if any). Akromo.com assigns and
passes through to the Customer any warranty of the manufacturer,
and Customer acknowledges that it shall have recourse only under
such warranties and only as against the manufacturer of the
products. Akromo.com MAKES NO REPRESENTATION OR EXPRESS
WARRANTY WITH RESPECT TO THE PRODUCT EXCEPT THOSE STATED IN THIS
DOCUMENT. Akromo.com DISCLAIMS ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, AS TO ANY SUCH PRODUCT, INCLUDING AND WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING FROM
STATUTE, TRADE USAGE, COURSE OF DEALING, OR COURSE OF PERFORMANCE.
3. LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES Akromo.COM'S MAXIMUM LIABILITY IS
LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD.
Akromo.COM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON
A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR
OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS
LIABILITY LIMIT. Akromo.COM SHALL NOT BE LIABLE FOR THIRD
PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION,
DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE
TO EXEMPLARY DAMAGES, WHETHER OR NOT Akromo.COM HAS BEEN MADE
AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
4. GENERAL TERMS AND CONDITIONS
Payment Terms; Orders: An order is not binding upon
Akromo.com until it is accepted; Akromo.com must receive
payment before it will accept an order. Payment for product(s)
ordered is due prior to shipment. Customer can make payment by
credit card, or some other method prearranged with
Akromo.com. You agree to pay the amount(s) due as specified
on the invoice, and you agree to pay interest on all past-due sums
at a rate of 1.5% per month or the highest rate allowed by law,
whichever is greater.
Shipping Charges.
Your total cost for purchase of any product will include shipping
and handling charges shown on the Akromo.com invoice.
Title; Risk of Loss
Akromo.com will arrange for shipment of ordered product(s) to
the Customer, Free On Board (F.O.B.) shipping point, meaning title
to the product(s) -- excepting software-- and risk of loss passes
to the Customer upon delivery to the carrier. Title to software
will remain with the licensor(s). All software is provided subject
to the license agreement of the software maker. Customer agrees to
be bound by any software license agreement once the seal on the
package is broken. Akromo.com will advise Customer of
estimated shipping dates, but Akromo.com will, under no
circumstances, be responsible for delays in delivery, and
associated damages, due to events beyond its reasonable control,
including without limitation, acts of God or public enemy, acts of
federal, state or local government, fire, floods, civil
disobedience, strikes, lockouts, and freight embargoes.
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and
Conditions or the sales transaction between Akromo.com and
Customer shall be governed by the laws of the State of Florida,
without regard to its conflicts of law rules. Specifically, the
validity, interpretation, and performance of this agreement shall
not be governed by the United Nations Convention on the
International Sale of Goods. Akromo.com and Customer consent
to the exclusive jurisdiction and the exclusive venue of the State
Courts of the State of Florida, Dade County, to resolve any
dispute between them related hereto, and the parities waive all
rights to contest this exclusive jurisdiction and venue of such
Courts. Finally, the Customer also agrees not to bring any legal
action, based upon any legal theory including contract, tort,
equity or otherwise, against Akromo.com that is more than one
year after the date of the applicable invoice.
Severability
If any provision contained in this agreement is or becomes
invalid, illegal, or unenforceable in whole or in part, such
invalidity, illegality, or unenforceability shall not affect the
remaining provisions and portions of this agreement, and the
invalid, illegal, or unenforceable provision shall be deemed
modified so as to have the most similar result that is valid and
enforceable under applicable Florida law.
Waiver
The failure of either party to require performance by the other
party of any provision of this agreement shall not affect in any
way the first party's right to require such performance at any
time thereafter. Any waiver by either party of a breach of any
provision in this agreement shall not be taken or held by the
other party to be a continuing waiver of that provision unless
such waiver is made in writing.
Entire Agreement
These terms and conditions, together with Akromo.com's
invoice regarding the products ordered by Customer, are the
complete and exclusive agreement between Akromo.com and
Customer, and they supersede all prior or contemporaneous
proposals, oral or written, understandings, representations,
conditions, warranties, and all other communications between
Akromo.com and Customer relating to the subject products.
This agreement may not be explained or supplemented by any prior
course of dealings or trade by custom or usage.
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