TERMS AND CONDITIONS
1. INVOICE ‑ The Buyer hereby orders from Gemini Computers
Incorporated DBA GeminiComputers.com hereinafter referred to as GCI, the
product(s) listed on reverse side.
2. PURCHASE PRICE ‑ The Buyer agrees to pay the
total purchase price as specified on the front of this document. In addition, the BUYER agrees to pay any
tariffs, customs, sales or other taxes levied on or measured by such purchase
price, or arising from of the product(s) and any parts or maintenance supplied,
including without any limitation, any additional sales, use, gross receipts,
privilege, excise, and personal property taxed unless specified in writing on
this documents.
3. DELIVERY ‑ Delivery shall take place via UPS, Fedex or USPS
to the client bill to address or alternate address that can be AVS verified
unless otherwise specified in writing.
4. INSPECTION ‑ The BUYER shall inspect the
product(s) at delivery and shall notify GCI of any defects or discrepancies
within 24hours of receipt of product(s).
5. LIMITED WARRANTY ‑ GCI offers up to a 60 Day
Guarantee, depending on product. During
this period, GCI will repair, replace or exchange at our discretion all
merchandise which proves to be defective.
GCI reserves the right to exchange defective products with ones of equal
value.
All
retail products including hardware & software packages ONLY contain the
expressed warranty offered by the manufacturer, and ALL claims must be handled
directly with them.
GCI will
not warranty any product that has been subjected to improper freight
handling/shipping, abuse, neglect, or unauthorized repair or installation. The warranty also will not cover product(s)
installed with non‑GCI components, and product(s) with broken warranty
seals or assembly trace.
Warranty
policy is not extended beyond the original buyer.
6. ALTERATIONS, MODIFICATIONS AND ATTACHMENTS ‑ Any
alterations, additions, improvements or attachments on the product(s) not
authorized shall solely be at the BUYER'S own expense and risk. The warranty
shall be deemed waived by the BUYER, and GCI shall have no further obligation
to the BUYER.
7. MERCHANDISE RETURN PROCEDURE - Should a product fail
during the warranty period contact GCI Technical Support to obtain a Return
Manufacturer Authorization (RMA) Number. RMA numbers will only be issued by
phone, fax or email. RMA numbers will
be void if defective merchandise has not been received by GCI within 14 days
after the RMA number is issued.
The
following must be available when requesting a RMA number:
¨
Invoice Number
¨
Product Description
¨
Detailed reason for return.
Requirements
for RMA processing:
¨
Shipping defective product(s) to GCI with freight prepaid
¨
A copy of original invoice with item circled
¨
A detailed typed note describing all problems.
¨
RMA # clearly marked on mailing label.
After replacement of product(s),
GCI reserves the right to request the total cost of the replacement product(s)
or the product(s) itself if later found to be physically damaged by the Buyer.
The BUYER who does not comply
with the above requirements will delay RA processing and therefore be subjected
to a service charge. Replacement or
repair will be made as soon as returned merchandise is received. No advance replacement will be made.
8. EXCHANGE & CREDIT - No refunds on clearance items,
CD only packages, OEM Software or other software bearing a serial in plain
view. Only SEALED retail product will
be accepted back for an exchange or credit ONLY. All returns must be processed
through a GCI Customer Service Representative.
To receive
credit, product(s) must be returned within 7 days from the invoice date. A
minimum of 15% will be charged as a
restocking fee against any
returned merchandise with a $10 minimum.
Deposit, labor and freight are NOT creditable or refundable.
Any returned merchandise will
not be accepted unless it is unused and packed in the original container with
complete parts, manual and accessories.
9. DAMAGED ON ARRIVAL (DOA)- Should the package get damaged
in transit the BUYER must report the incident within 24hrs of accepting
delivery and request the delivery driver to note the tracking # for damaged
good as all our shipments are fully insured and such a matter will be brought
up with their respective insurance company.
In many cases we’ll have to wait to hear back from the carrier before we
can issue an RMA # or send a replacement product.
10. LEAD TIME OF SERVICE
All shipments returned to the
BUYER will match your original shipping request. The BUYER is responsible for the difference of the freight
charge in the event that an upgrade I in service was requested. The charge will be billed to the BUYER’s
credit card already on file unless other arrangements are agreed upon.
11. SERVICE CHARGES:
¨
Product(s)
returned without defects - $20 per item or 15% whichever is greater plus
freight.
¨
Refused Shipment – $20 per item or 15% whichever is
greater plus the cost of S&H, if FREE then $8.95
¨
Cancellation - Cancellation can only be accepted within
1hr of placing the order after which time only refused shipment can be
done. Order may be subjected to a
charge of 15% restocking fee of total order amount or a minimum of $10.
¨
$25 will be charged for each returned check.
¨
$35 will be charge for disputed items to cover research
and handling of matter.
¨
18% interest charge per annum (0.05% per day) or maximum
allowed by law for past due account balance.
12. SERVICE DISCLAIMER - GCI practices extreme care &
caution when handling your computer system and parts. However, we can NOT take any responsibility for any damage, incidental
or coincidental for customer’s hardware, software and/or data. Backing up is the customer’s own
responsibility!
13. GCI sustains security interest on the merchandise stated
above, Venue shall lie in Queens County, New York, and the right and obligations
of the parties hereto shall be construed and enforced in the state of New York
and in accordance with the laws of New York.
14. The BUYER agrees to pay all GCI’s costs related to the
collection of any sum dues, including overhead allocated to employee efforts and any legal fees and expenses incurred.
15. Entire agreement - This document constitutes the
entire agreement between the BUYER and GCI.
It is intended as a complete and exclusive statement of the terms used
in this agreement and no course of prior dealings between the parties and usage
of the trade shall be relevant to supplement or explain any item used in this
agreement. No agent, employee, or
representative of GCI has any authority to bind GCI to any affirmation,
representation, or warranty concerning the product(s) sold under this
Agreement, unless the same is included within this written Agreement. This Agreement may be modified or rescinded
only by a written instrument signed by the parties hereto or by their duly
authorized agents. Waiver by GCI of any
provision hereof in one instance shall not constitute a waiver as to any other
instance.
Terms and
conditions subject to change without notice.