PLEASE READ THIS DOCUMENT VERY CAREFULLY!
THE FOLLOWING TERMS & CONDITIONS APPLY TO ALL YOUR PURCHASES FROM SUNSKY
NETWORK INC. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS
AND OBLIGATIONS, INCLUDING LEGAL LIMITATIONS AND EXCLUSIONS THAT APPLY TO
YOU.
By ordering and accepting delivery of any product delivered from Sunsky Network Inc. ("Sunsky")
the operator of SunskyPC.Com - Sunsky PC Products, you, the customer, agree to be bound by the terms and conditions
set forth below.
You and Sunsky agree that the following terms and conditions are the
exclusive terms governing the sales transaction between you and Sunsky. Any attempt
by you to modify or supplement these terms and
conditions 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 or accept delivery of any goods from Sunsky.
SUNSKY REFUND, REPAIR OR REPLACEMENT GUARANTEE
Sunsky offers our customers a 30-day return
for refund guarantee subject to a 15% re-stocking charge for all returns of
non-defective products, and a 30-day
return for repair or replacement guarantee without a re-stocking charge,
covering every product that is purchased from Sunsky other than products
specified as "refurbished" products, other than products specified as having
a more limited guarantee or no guarantee, and other than products that do
not function when received by the customer as a result of damage in
shipment. The 30-day return period for refund, repair or replacement
of a product commences on the date the product is shipped F.O.B. shipping
point to the address specified in the customer's order or the date the
product is picked-up at Sunsky's facilities as arranged by the customer, as
the case may be. Refurbished products are
subject to a 7-day replacement or refund guarantee if the product does not function when received by the customer
other than as a result of damage in shipment.
Refurbished products are those that contain components that have been owned
by other customers and returned to Sunsky.
To avail yourself of Sunsky's return guarantee policies, you, the customer,
agree to comply with Sunsky's Product Return Procedure as set forth
below. Any breach of Sunsky's Return Policy Procedure will result in the
loss of Sunsky's return for refund / repair or replacement guarantees. Furthermore, all return
shipments not in compliance with these instructions will be rejected.
WARRANTIES BY MANUFACTURER
Sunsky is a reseller only. Products sold by Sunsky are not
manufactured by Sunsky. The products may, however, be covered by each
manufacturer's warranty, service and support policy (if any). Sunsky
assigns and passes through to the Customer any warranty of the manufacturer,
and you, the customer, acknowledges that you shall have recourse only under such
warranties and only as against the manufacturer of the products. SUNSKY
MAKES NO REPRESENTATION OR EXPRESS WARRANTY WITH RESPECT TO THE PRODUCT
EXCEPT THOSE STATED IN THIS DOCUMENT. SUNSKY 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.
Most products which carry a manufacturer's warranty are covered by a
manufacturer's one (1) year (from date of purchase or shipment) repair
and/or replacement warranty for defects in manufacture. Some products
are covered by a manufacturer's lifetime repair and/or replacement warranty
for defects in manufacture. The date of
purchase is the date shipped FOB shipping point from Sunsky.Most defective merchandise
covered by manufacturer's warranty must be returned directly to the Sunsky
for its return to the manufacturer in
accordance with the Sunsky's Product Return Procedure and the manufacturer's return requirements, including but not
limited to requirements for packaging and shipping. In all cases, you
must contact Sunsky and obtain, within the manufacturer's warranty period, a
Return Materials Authorization (RMA) number and instructions for return of
defective products to Sunsky or the manufacture as directed by Sunsky.
Manufacturers and Sunsky will not accept the return of products that have been damaged
by alteration, misuse, neglect, vandalism or similar causes by customer or
others. Products warranted against by the manufacturer against
manufacturing defects will be repaired or replaced with new or
refurbished product and/or components if they are returned within the
warranty period along with proof of date of purchase or shipment from Sunsky. You agree to bear the cost of return shipping to the
manufacturer or to Sunsky, as the case may be.
PRODUCT RETURN PROCEDURE:
To return a product based upon Sunsky's 30-day return for refund or repair
or replacement guarantee,
or based upon the manufacturer's warranty against defective manufacture, you
must call or e-mail Sunsky's Returns Department and obtain a Return Merchandise
Authorization ("RMA") number within the applicable Sunsky guarantee return period
or manufacturer's warranty return period for the
product. Sunsky 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 physically received by Sunsky at
its returns department address. 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.
You, the customer are solely responsible for shipping any returned product to
Sunsky or the manufacturer, as directed by Sunsky. You agree to use only reputable carriers capable of
providing proof of delivery and insurance for the entire value of the
returned product. You agree to bear all shipping charges and all risk of
loss for the return product during shipment. For products returned under Sunsky's replacement / return guarantee, you agree 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, Sunsky's Return Procedure will be breached and
Sunsky will reject the entire return or may choose to impose additional
charges against customer for replacement of the missing component.
Sunsky will not refund to you, the customer, the original shipping charges. In
addition, Sunsky will assess a 15% restocking fee against your
account on all non-defective returns for refund.
LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES SUNSKY'S MAXIMUM LIABILITY IS LIMITED TO THE
PURCHASE PRICE OF THE PRODUCTS SOLD. SUNSKY 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. SUNSKY 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 SUNSKY IS APPRISED OF THE POSSIBILITY OF SUCH
CLAIMS OR DAMAGES. Click
to
read applicable General Conditions and Limitations.
GENERAL TERMS AND CONDITIONS
Payment Terms; Orders: An order is not binding upon Sunsky until it is
accepted; Sunsky must receive payment before it will accept an order.
Payment for product(s) ordered is due prior to shipment. You, the customer, can make
payment by credit card, wire transfer, or some other method prearranged with
Sunsky. 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 your online order, the Sunsky invoice
and/or packing slip. Click here
to read the terms and conditions regarding shipping charges, handling fees
(if applicable), and minimum order amounts.
Price Protection: Sunsky will not make a price adjustment after an order has
been shipped.
However, if you notify Sunsky prior to the shipment of your order that our
published price for a product has changed, we
will be happy to make the price adjustment for you unless the price change
was due to an error with respect to our pricing database.
Title; Risk of Loss: Sunsky will arrange for shipment of ordered
product(s) to the you, the customer, Free On Board (F.O.B.) shipping point, meaning
title to the product(s) and risk of loss passes to
you, the customer, upon delivery to the carrier. Sunsky reserves a purchase
money security interest in the product(s) until its receipt of the full
amount due. You, the customer, agree to allow Sunsky to sign appropriate documents
on your behalf to permit Sunsky to protect its purchase money security
interest. Sunsky will advise you, the customer, of estimated
shipping dates, but under no circumstances will Sunsky 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 Sunsky and you, the 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. You, the customer, and Sunsky consent to the exclusive
jurisdiction and the venue of the State Courts of the State of Florida,
Pinellas County, to resolve any dispute between us related hereto, and
we, the parities, waive all rights to contest this exclusive jurisdiction and
venue of such Courts. Finally, you, the customer, also agree not to bring any
legal action, based upon any legal theory including contract, tort, equity
or otherwise, against Sunsky 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 these terms and conditions shall not affect
in any way a party's right to require such performance at any time thereafter. Any
waiver by either party of a breach of any provision in these terms and
conditions shall
not be a continuing waiver of that
provision unless such waiver is made in writing.
Entire Agreement: These terms and conditions, together with Sunsky's
invoice respecting the products ordered by you, the customer, are the complete and
exclusive agreement between you and Sunsky, and they supersede all
prior or contemporaneous proposals, oral or written, understandings,
representations, conditions, warranties, and all other communications
between you and Sunsky relating to the subject products. This
agreement between Sunsky and you, the customer, may not be explained or supplemented by any prior course of
dealings or trade by custom or usage.
|
CATEGORIES
ORDER CHECKOUT