Equipment Hall Corporation Terms and Conditions of Sale

The following terms and conditions govern the sale of products by Equipment Hall Corporation to the Customer on orders for computer related products. By accepting delivery of the products described on the shipping documents, Customer agrees to be bound by and accepts these terms and conditions. THESE TERMS AND CONDITIONS APPLY UNLESS CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH EQUIPMENT HALL CORPORATION. Equipment Hall Corporation reserves the right to change these terms and conditions without prior written notice at any time, at Equipment Hall Corporation' sole discretion.

1. Payment Terms, Orders, and Quotations

Terms of payment shall be determined at Equipment Hall Corporation's sole discretion and payment must be received by Equipment Hall Corporation prior to Equipment Hall Corporation's acceptance of Customer's order. Payment for domestic orders shall be made by credit card unless some other pre-arranged method of payment has been accepted by Equipment Hall Corporation. All orders outside the United States shall be paid by bank wire transfer only. All orders are not binding on Equipment Hall Corporation unless accepted by Equipment Hall Corporation. Any quotation provided by Equipment Hall Corporation will be valid for the duration stated in the quotation. If no duration is stated, such quotation is valid for two days from date of quotation.

2. Prices, Shipping and Handling, Charges, and Taxes

All prices do not include charges for shipping and handling or for sales/use taxes. Separate charges will be shown on the order acknowledgment for each applicable order. Washington State sales taxes will be charged only to Washington State residents without resale documentation.

3. Title

All sales are F.O.B. only. Title and risk of loss shall pass to the Customer upon shipment from Equipment Hall Corporation facility. Title to all software will remain with the applicable licensor(s).

4. Pricing and Availability

All pricing is subject to change. Equipment Hall Corporation reserves the right to make adjustments to pricing, products, and other service offerings for reasons including but not limited to: changing market conditions, product discontinuation, product unavailability, manufacturer price changes, and errors in advertisements. Product availability may be limited. Products may not be available for immediate delivery. All are subject to product availability. Equipment Hall Corporation cannot guarantee that it will be able to fulfill all Customer orders.

5. Typing Errors and Product Images

Equipment Hall Corporation has taken every effort to ensure the accuracy of the content of our Web Site. The images on this site are for reference only, some products may not have their exact image, and substitutions may have been used for items where the original image was not available or suitable for use. We are not liable for any typing errors, and reserve the right to refuse the sale of a product due to typing errors. Please e-mail us any questions or disputes.

6. Service and Support

Equipment Hall Corporation does not provide customer support. Equipment Hall Corporation does not warrant or support any software or its compatibility under this Agreement. These issues should be addressed directly to the hardware and software manufacturers.

7. Software License and Warranty

Title to any software installed on or shipped with the products shall remain with the applicable licensor(s). All software is subject to the applicable license agreement which is included with the product(s). Customer shall be bound by the license agreement once the software is opened, the package is opened, or its seal is broken. Warranty for any software shall be in accordance with the license agreement.

8. International Order Terms and Conditions

We accept international orders only if the order meets all of the following terms and conditions: 1. Payment shall be by Wire Transfer ONLY. Sorry, but we do not accept international credit cards, bank draft, or money orders. 2. Equipment Hall will not be responsible for any international shipping charges, import duties & taxes, and/or insurance accrued. We can only help in processing the shipment and documentations. If you would like a shipping estimate, please request it at time of sale.

9. Product Warranty

All computer products purchased from Equipment Hall Corporation are covered by a 30 day warranty with the following exceptions:

• Special-order items, items that are not normally carried, sold, or advertised by Equipment Hall Corporation, are considered to be final sale and not returnable. This includes items used in custom computer system builds.
• Software is not covered under warranty. Customer agrees to pursue any warranty claims for defective or incompatible software with the manufacturer of the software product and NOT with Equipment Hall Corporation.
• Any product that has been damaged by actions that are beyond Equipment Hall Corporation's control, including but not limited to: impacts, fluids, fire, flood, wind, earthquake, lightning, war, strike, lockout, epidemic, destruction of production facilities, riot, insurrection, material unavailability or any other Acts of God.
• Products that have been damaged through misuse, abuse, or mishandling, including but not limited to: the unauthorized modification of the system as a whole or any individual component, and/or the attachment of peripheral devices, or limitations placed by the manufacturer specifications.
• Most manufacturers' warranties apply to defects encountered during normal use of the product while following manufacturer’s operating and installation instructions. These warranties generally do not apply if the damage or defect results from: (a) failure to follow such operating or installation instructions; (b) any negligence, mishandling, or accident; or (c) use of unauthorized parts or service.
• Individual component warranties will be voided if the components have been altered in any way, including but not limited to: products that have been scratched, defaced, labeled or indelibly marked, tampered with, or if serial numbers have been altered, or if factory sealed parts have been tampered with or broken.
  

10. Return Policies and Return Merchandise Authorization (RMA)

All Customer returns for credit require a Return Material Authorization (RMA) number. An RMA must be requested within 30 days of date on invoice and all product must be returned to Equipment Hall Corporation within 10 days of receipt of the RMA number. Return shipping charges are non-refundable when restocking fee applies. Returns made without a RMA number will be refused. Upon receipt of the returned product(s), Equipment Hall Corporation will inspect the product to be certain all parts are included and no abuse, misuse, or user negligence was responsible for the damages leading to the return. Customer agrees to allow Equipment Hall Corporation to deduct from any credit applicable for such returned product any costs associated with missing parts or related to any abuse, misuse of the product, or user negligence of such product. Due to shipping time that elapses before the orders can arrive at their destinations, the warranty of the products may be expired. Therefore, there is no extension of warranty. In addition, once a RMA number is issued, it is valid for 10 days only as follows:

1. RMA Number is required for all returns – no exceptions.
2. Customer is responsible for the following:
3. -Proper Packaging of returned goods.
4. -Meeting time frames of RMA and Warranty periods.
5. -Providing the return reason and a detailed description of the problem.
6. -Ensuring all accessories are returned with product.
7. -Ensuring RMA number is visible in the address/shipping label.
8. All returns for a refund are subject to a 15% restocking fee.
9. All refused packages are subject to a 15% restocking fee.
10. All returns past 30 days from date of invoice are non-refundable, warranty still applies as per warranty policy.
11. Shipping charges are non-refundable in cases where restocking fee applies.
12. Equipment Hall Inc. reserves the right to make a decision based on our certified technicians' test results, whether to repair (by sending to the manufacturer), replace, or refund in accordance with our return and warranty policy.
13. Products that have been physically damaged, abused, neglected, burned, misused, repaired, and/or modified in any way, shape, or form, will not be accepted back and warranty will be voided.
14. Opened retail software will not be accepted under any circumstances.
15. All open Media (tapes, CDs, DVDs, Video/Audio tapes, cartridges) will not be accepted under any circumstances.

11. Refused Orders

Refused orders will be subject to a cancellation fee. Call Customer Service at or (253) 458-3961 before refusing any shipment. Failure to call Customer Service may result in credit refusal, and products will be returned to you at your expense.

12. Clearance Products

Equipment Hall Corporation may choose to treat some products as clearance for a number of reasons, including but not limited to: obsolete, Factory Refurbished, open box, overstock, etc. THESE PRODUCTS MAY NOT INCLUDE DEVICE DRIVERS OR ACCESSORIES NORMALLY SOLD WITH THE ITEM.

13. Custom Configured Products

Custom Configured products may not be returned for credit. All sales are final.

14. No Assignment

Customer may not assign its rights or obligations under this Agreement without the express written consent of Equipment Hall Corporation.

15. Invalidity of Provisions

If any provision or provisions of this Agreement are held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

16. Export Control

Customer acknowledges that products and technical data purchased or received under these terms and conditions are subject to United States export control laws and regulations.

17. Refunds

Equipment Hall Corporation is not required to issue refunds for defective products (although it may elect to do so at its sole option and discretion), but will, during such 30 day period, make reasonable effort to have repaired or replace defective products as soon as possible. Customer's notification to Equipment Hall Corporation without delivery of defective merchandise to Equipment Hall Corporation's Kent, Washington location shall not constitute a warranty claim. After 30 days, Customer will be required to obtain any additional warranty service, if any exists, directly from the manufacturer of its products. Customer's return and warranty privileges for Special Order products (as defined above) shall be at the sole discretion Equipment Hall Corporation.

18. Limited Warranty

19. Limited Warranty Statement

If the product is proven to be defective, Equipment Hall Corporation will either replace or repair the defective item or repair the defective component. Equipment Hall Corporation also has the option to replace the item with a similar product that is comparable in function and performance to the original item. Equipment Hall Corporation warranties the products it sells to be free from defects in materials and workmanship for 30 days following the date on the invoice. Additional protection is provided by the manufacturer's warranty and extended by an Extended Protection Service Plan available at time of purchase for an additional charge.

20. Limitation of Liability

EQUIPMENT HALL CORPORATION DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCT AVAILABILITY OR FOR LOSS OR CORRUPTED DATA. FOR ANY BREACH OF THESE TERMS AND CONDITIONS, EQUIPMENT HALL CORPORATION'S SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER. IN NO EVENT SHALL EQUIPMENT HALL CORPORATION BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY A THIRD PARTY.

CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR DEFECTS IN PRODUCTS WHICH ARE FOUND BY EQUIPMENT HALL CORPORATION TO BE DEFECTIVE SHALL BE LIMITED TO REPAIR, REPLACEMENT OR SUBSTITUTION WITH AN EQUAL OR BETTER-IN-FUNCTIONALITY-CAPACITY-AND/OR-PERFORMANCE REPLACEMENT PRODUCT, ALL IN EQUIPMENT HALL CORPORATION'S SOLE DISCRETION. CUSTOMER’S DAMAGES RECOVERABLE AGAINST EQUIPMENT HALL CORPORATION SHALL IN NO EVENT EVER EXCEED THE AMOUNT RECEIVED BY EQUIPMENT HALL CORPORATION FROM CUSTOMER FOR THE PURCHASE PRICE OF SUCH PRODUCTS FOUND TO BE DEFECTIVE.

21. Other Documents

These terms and conditions may not be supplemented, modified, or altered by the use of any other documents(s). Any attempt to alter, supplement, modify or amend these terms and conditions will be null and void unless agreed to in writing by Equipment Hall Corporation.

22. Export Control

Customer acknowledges that products and technical data purchased or received under these terms and conditions are subject to United States export control laws and regulations.

23. Governing Law and Jurisdiction

The sale and use of products shall be governed by the laws of the State of Washington excluding the conflict or choice of law provisions. Venue and jurisdiction for all disputes will lie in King County, Washington.