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.
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