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.