DVS Direct

 
  1-800-379-7267

TERMS AND CONDITIONS AGREEMENT OF SALE
Standard Terms of a Sale---

All sales will be subject to the following terms and conditions:

 

The Customer acknowledges these terms and conditions by placing an order to purchase a product from DVS Direct.

 

(1) All sales shall be deemed made in the State of Pennsviania , USA, regardless of the location of the Customer.  The Customer also agrees that any dispute with DVS Direct arising out of any purchase(s) by the customer shall be brought exclusively to the state or federal courts located within the State of Pennsylvania

 

(2) Any prices and promotions that are listed on the Website are subject to change without notice.

 

(3) Payment is due before shipment of product(s).  In such case of any credit card payment, the payment terms shall be as set forth in the credit agreement of the CCA Signed by cardholder.

 

(4) The Company's shipping terms are F.O.B. (Freight On Board) DuBois,PA.  DVS Direct will arrange payment for shipping with the carrier, but the costs become the responsibility of the Customer.  The risk of loss is transferred to the Customer when DVS Direct delivers the product to the carrier.  The Company is not liable for any delays in shipping and the delivery times are estimates only.

 

(5) The Customer agrees to abide by any and all license provisions or end user agreement imposed by the publisher or manufacturer.

 

(6) Products (including equipment and software) sold internationally by DVS Direct, may be exported from the United States only in accordance with the Export Administration Regulations.  Any diversion contrary to the United States law is prohibited. The customer represents and warrants that it is eligible to receive products under the United States law. The customer agrees to abide by any export or re-export restrictions imposed by the publisher or manufacturer. DVS Direct cannot accept any credit card purchases for overseas products . Please contact sales@dvsdirect.com. to arrange for a wire transfer.

 

(7) DVS Direct warrants that it has good title to any hardware (products) it sells, and that it has proper authority to license the software (products) it distributes.

 

8). All shipping Charges on the website assume a US location (excluding Hawaii and Alaska). If you are located outside of the continental US, your invoice will show a US shipping charge, and you will be contacted for the actual shipping charge to your country, and then you may decide if you wish to purchase the product.

 

 

DVS Direct disclaims all other warranties, express or implied by law, including merchantability and use for a particular purpose.

 

DVS Direct does not warrant the performance or integrity of any product it sells; the Company passes through to the Customer whatever end-user warranty the manufacturer or software publishers provide with their respective products.

 

9) The Limitation of Liability is as follows:

 

IN NO EVENT SHALL DVS DIRECT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR OPPORTUNITY. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY IS STATED IN THE MANUFACTURER'S OR PUBLISHER'S END USER WARRANTY ACCOMPANYING THE PRODUCT. IN NO EVENT SHALL DVS Direct'S LIABILITY EXCEED THE REPLACEMENT OR COST OF THE SPECIFIC PRODUCT PURCHASED. SOME STATES MAY NOT RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES AND/OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMERS MAY NOT APPLY. CUSTOMER MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.

 

(10) Any return of products is subject to the Company's current return policy as stated in the Return Policy.

 

(11) The standard terms and conditions of a sale are the complete and final agreement between a Customer and DVS Direct for the matters set forth herein, and shall only be supplemented by the price(s), quantity, and descriptions on the Company's invoice for the relevant sale.  Any terms contained in a Customer's purchase order, offers to buy, terms and conditions, and the like shall have no effect to the standard terms and conditions of a sale.

 

These terms and conditions of a sale shall be interpreted by and be subject to the laws of the State of Pennsylviana .  In any event, that any section or portion of a section are deemed to be unlawful or unenforceable, than that section or portion of a section shall be stricken from the sale, and the remaining terms and conditions shall continue to be in full force and effect.

 

DVS Direct shall not be responsible for damages or delays resulting from Acts of God, and from any other actions, both governmental and otherwise, including but not limited to war, riot, seizure, terrorism,  and embargo.

 

 

(11) ALL SALES ARE FINAL UNLESS OTHERWISE STATED.

 

(12) DVS Direct may from time to time without notice modify these terms and conditions of a sale.

 


Relient Systems 1 year Warranty:

Unless otherwise noted on the invoice DVS Direct (The Vendor) systems carry a 1 year limited warranty. The warranty includes all components originally shipped in the chassis, not covered by an original Manufactures warranty. This warranty ensures that all products will remain in working condition, free of defects under normal use for a period of 12 months from the date of shipment.

Under the warranty, the vendor will repair at the DVS Direct facility, at no charge to the customer all products sold by the vendor.

In no case shall DVS Direct be responsible for data loss when an item is under repair The customer is responsible for maintaining backups, etc.

In no case shall DVS Direct be responsible for lost time or productivity when an item is under repair.

Any claims under this warranty are non-transferable, and products returned under warranty support must be received by the vendor before the 1 year warranty period has expired. During this period, the vendor will, at its discretion: repair or replace any eligible part which is determined by to be defective in materials or workmanship. the vendor reserves the right to substitute functionally equivalent new or serviceable used parts. The responsibility is limited to repair or replacement which may be chosen by the vendor at its sole discretion.

To process an item under the warranty, Contact DVS Direct Technical Support at (814) 371-5640 to troubleshoot/diagnose the problem. If a decision is made to return an item, the customer will need complete the warranty repair request and fax to DVS Direct Technical Support at (814) 371-2033 to obtain an RA #. At that point, the customer will send the item back; Freight Prepaid to our headquarters in Pennsylvania. DVS Direct staff will confirm the defect and either repair or replace the unit at our discretion. Once complete, DVS Direct will return the piece to the customer. This warranty dose not cover problems caused by inproper installation of software components and any labor required to correct such issues will be charged at our standard hourly rate of $85/hr.
Any disputes arising from this warranty policy will be settled under the rules and laws of the State of Pennsylvania. No other implied or explicit warranties are granted.

Customer is responsible for all the shipping charges associated with returning the defective System for repair.

Relient Systems 3 year Extended Warranty:

The customer may opt for our extended three year limited warranty. The warranty includes all components originally shipped in the chassis, not covered by an original Manufactures warranty. This warranty ensures that all products will remain in working condition, free of defects under normal use for a period of 36 months from the date of shipment.

Under the warranty, the vendor will repair at the DVS Direct facility, at no charge to the customer all products sold by the vendor.

In no case shall DVS Direct be responsible for data loss when an item is under repair The customer is responsible for maintaining backups, etc.

In no case shall DVS Direct be responsible for lost time or productivity when an item is under repair.

Any claims under this warranty are non-transferable, and products returned under warranty support must be received by the vendor before the 3 year warranty period has expired. During this period, the vendor will, at its discretion: repair or replace any eligible part which is determined by to be defective in materials or workmanship. the vendor reserves the right to substitute functionally equivalent new or serviceable used parts. The responsibility is limited to repair or replacement which may be chosen by the vendor at its sole discretion.

To process an item under the warranty, Contact DVS Direct Technical Support at (814) 371-5640 to troubleshoot/diagnose the problem. If a decision is made to return an item, the customer will need complete the warranty repair request and fax to DVS Direct Technical Support at (814) 371-2033 to obtain an RA #. At that point, the customer will send the item back; Freight Prepaid to our headquarters in Pennsylvania. DVS Direct staff will confirm the defect and either repair or replace the unit at our discretion. Once complete, DVS Direct will return the piece to the customer. This warranty dose not cover problems caused by inproper installation of software components and any labor required to correct such issues will be charged at our standard hourly rate of $85/hr.

Any disputes arising from this warranty policy will be settled under the rules and laws of the State of Pennsylvania. No other implied or explicit warranties are granted.

Customer is responsible for all the shipping charges associated with returning the defective System for repair.

 

Credit Card Purchase:
Visa & Mastercard Purchases are welcome for the original card holder only. All credit card purchases are subject to following conditions. Customer certifies that they are the legitimate cardholder. All shipments are to be made to the cardholder's billing address unless customer requests in writing that it be shipped to another location at the customers request. In that event customer will provide DVS Direct with a signed credit card authorization prior to shipment of products. All shipments are made with delivery confirmation and signature requested. Customer agrees that they will be present to receive and sign for the shipment . If the customer cannot be present at the time the shipment customer will provide DVS Direct with a signed credit card authorization prior to shipment of products. All refunds to this credit card are to be made back to the card in the form of a credit initiated by DVS Direct. No payment by check or cash is allowed according to Visa and Mastercard regulations. Cardholder aggress not to initiate a chargeback on any transaction authorized by the cardholder or another person on the cardholder's behalf. If the cardholder did not initiate or authorize the purchase they will inform their issuing bank and DVS Direct immediately upon discovery of the transaction at which time DVS Direct will insure a full credit . Customer aggress to assist issuing bank, DVS Direct, And the US Secret Service in the investagatations of fraudulent credit card use. DVS Direct will prosecute fraudulent credit card use to the fullest extent the law allows.

Misc:
We do not ship to third party addresses unless that address is known and can be verified by the credit card issuing bank.
We are not responsible for any goods damaged during the time of transit.
Customers are responsible for paying any freight charges incurred by refused shipment and unclaimed goods. DVS Direct will make every effort to deliver on time. However, we shall not be held liable for delay or lost shipment.
All special advance replacement will have an additional 10% non-refundable surcharge added. Advance replacement will be considered a sale, if the defective goods are not received by us within 7 days of the issuing of the Advance Replacement RMA #.
All price posted on the web are for mail orders only.
The applicable state tax will be added to the purchase where necessary.
All hard copy of Purchase Orders must be received and verified before shipping.
Any attempt to cancel an order must be made within 2 hours after the order is placed. Cancellations attempted after this time may result in the customer having to pay the shipping and handling charges on the package and the cost of shipping the package back.
Cancellations may be communicated by telephone, email or Fax. Saturdays. Sundays and holidays by Fax or Email only.

Copyright 1999 DVS Direct
Last modified: January 1,1999
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