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| | Atlanta Network Technologies, Inc. - Terms and Conditions of Sale |
PLEASE READ THESE TERMS AND CONDITIONS OF SALE VERY
CAREFULLY.
THE TERMS AND CONDITIONS OF SALE ARE LIMITED TO THOSE
CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS IN ANY FORMS DELIVERED
BY CUSTOMER ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF
OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
BY
ACCEPTING DELIVERY OF THE PRODUCTS AND SERVICES DESCRIBED IN Atlanta
Network Technologies' INVOICE OR OTHER Atlanta Network Technologies
DOCUMENTATION, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND
CONDITIONS OF SALE UNLESS CUSTOMER AND Atlanta Network Technologies HAVE
SIGNED A SEPARATE AGREEMENT, IN WHICH CASE THE SEPARATE AGREEMENT WILL
GOVERN.
Important Information About These Terms and Conditions of
Sale
These terms and conditions of sale constitute a binding contract
between Customer and Atlanta Network Technologies. Customer accepts
these terms and conditions of sale by making a purchase, placing an
order or otherwise shopping on Atlanta Network Technologies's Website
(the "Site"). These terms and conditions of sale are subject to change
without prior notice, except that the terms and conditions of sale
posted on the Site at the time Customer initially places or modifies an
order will govern the order in question.
These terms and
conditions of sale constitute the entire agreement between Customer and
Atlanta Network Technologies relating to the terms and conditions of
sale of products and services on the Site. Customer consents to
receiving electronic records, which may be provided via a Web browser or
e-mail application connected to the Internet; individual consumers may
withdraw consent to receiving electronic records or have the record
provided in non-electronic form by contacting Atlanta Network
Technologies at the address provided below.
Customer may issue a
purchase order for administrative purposes only. Additional or different
terms and conditions contained in any such purchase order will be null
and void. Customer agrees that the terms and conditions of sale
contained herein and in Atlanta Network Technologies’s invoice or other
documentation will control. No course of prior dealings between the
parties and no usage of trade will be relevant to determine the meaning
of these terms and conditions of sale or any purchase order or invoice
related thereto.
Governing Law
THESE TERMS AND CONDITIONS OF SALE AND ANY SALE HEREUNDER WILL BE
GOVERNED BY THE LAWS OF THE STATE OF GEORGIA, WITHOUT REGARD TO
CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION
OR LITIGATION WILL BE BROUGHT IN FULTON COUNTY, GEORGIA AND CUSTOMER
CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED IN
FULTON COUNTY, GEORGIA AND SUBMITS TO THE JURISDICTION THEREOF AND
WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE
EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY
SUCH PROCEEDING.
Risk of Loss
If Customer provides Atlanta Network Technologies with Customer’s
carrier account number or selects a carrier other than a carrier that
regularly ships for Atlanta Network Technologies, title to products and
risk of loss or damage during shipment passes from Atlanta Network
Technologies to Customer upon shipment from Atlanta Network
Technologies’s facility. For all other shipments, title to products and
risk of loss or damage during shipment passes from Atlanta Network
Technologies to Customer upon receipt by Customer. Title to software
will remain with the applicable licensor(s). Atlanta Network
Technologies retains a security interest in the products until payment
in full is received. Customer will be responsible for all shipping and
related charges.
Export Sales
If this transaction involves an export under the Export
Administration Regulations, the commodities, technology and/or software
sold or distributed under these terms and conditions of sale exported
from the United States by Atlanta Network Technologies were exported in
accordance with the Export Administration Regulations. Diversion, use,
export or re-export contrary to United States law is prohibited. The
commodities, technology and/or software sold or distributed under these
terms and conditions of sale may not be exported or re-exported to Cuba,
Iran, Iraq, Libya, Sudan, North Korea or Syria or to entities and
persons that are ineligible under United States law to receive United
States commodities, technology and/or software. In addition,
manufacturers' warranties for exported products may vary or may be null
and void for products exported outside the United States.
Warranties
Customer understands that Atlanta Network Technologies is not the
manufacturer of the products purchased by Customer hereunder and the
only warranties offered are those of the manufacturer, not Atlanta
Network Technologies. In purchasing the products, Customer is relying on
the manufacturer’s specifications only and is not relying on any
statements, specifications in brochures, photographs or other
illustrations representing the products that may be provided by Atlanta
Network Technologies. In connection with services, neither affiliates of
Atlanta Network Technologies nor third party service providers are
agents of Atlanta Network Technologies and Atlanta Network Technologies
has no obligation or liability arising from any services performed by or
any warranty, if any, made by, such service providers. Atlanta Network
Technologies AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES
EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED
BY THIRD PARTIES OR AFFILIATES OF Atlanta Network Technologies,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT AFFECT THE
TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Pricing Information; Availability/
Shipping Disclaimer
All pricing is subject to change. Atlanta Network Technologies
reserves the right to make adjustments to pricing, products and service
offerings for reasons including, but not limited to, changing market
conditions, product discontinuation, product unavailability,
manufacturer price changes and errors in advertisements. All orders are
subject to product availability. Therefore, Atlanta Network Technologies
cannot guarantee that it will be able to fulfill Customer’s orders.
Shipping Policy: All items are shipped
within 15 days. In case of prolonged backorder, customer is notified
within 15 days from order receipt and offered order refund , or extended
backorder for an additional 15 days.
Limitation of Liability
NEITHER Atlanta Network Technologies NOR ITS AFFILIATES WILL BE
LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL,
SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
NEITHER Atlanta Network Technologies NOR ITS AFFILIATES WILL BE LIABLE
FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA
OR SOFTWARE OR THE PROVISION OF SERVICES BY THIRD PARTIES. CUSTOMER
AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR
SERVICES PROVIDED DIRECTLY BY Atlanta Network Technologies OR ITS
AFFILIATES, NEITHER Atlanta Network Technologies NOR ITS AFFILIATES ARE
LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE DOLLAR AMOUNT
PAID BY CUSTOMER FOR THE PRODUCT(S) OR SERVICE(S) GIVING RISE TO THE
CLAIM.
Atlanta Network Technologies will not be responsible for
any delays in delivery which result from any circumstances beyond its
control, including without limitation, product unavailability, carrier
delays, delays due to fire, severe weather conditions, failure of power,
labor problems, acts of war, terrorism, general insurrection, acts of
God or acts of any government or agency.
Third Party Services
Customer acknowledges and agrees that, in some instances, Atlanta
Network Technologies, Atlanta Network Technologies Technology Services,
Inc., and their affiliates are resellers of services and are not the
provider of those services. In those cases, the third party service
provider is the only party responsible for providing services to
Customer. In those cases, Customer will look solely to the third party
service provider for any loss, claims or damages arising from or
relating to the purchase or provision of such services. Customer hereby
releases Atlanta Network Technologies, Atlanta Network Technologies
Technology Services, Inc. and their affiliates from any and all claims
arising from or relating to the purchase or provision of any such
services by third party service providers. Services may be subject to
tax. All amounts, including taxes, associated with third party services
are being collected by Atlanta Network Technologies on behalf of Atlanta
Network Technologies Technology Services, Inc. solely in the capacity as
an independent sales agent.
Arbitration
Any claim, dispute, or controversy (whether in contract, tort or
otherwise, whether preexisting, present or future, and including
statutory, common law, intentional tort and equitable claims) arising
from or relating to the products or services sold pursuant to these
terms and conditions of sale, the interpretation or application of these
terms and conditions of sale or the breach, termination or validity
thereof, the relationships which result from these terms and conditions
of sale (including, to the full extent permitted by applicable law,
relationships with third parties who are not signatories hereto), or
Atlanta Network Technologist's advertising and marketing (collectively,
a “Claim”) WILL BE RESOLVED, UPON THE ELECTION OF Atlanta Network
Technologies, CUSTOMER OR THIRD PARTIES INVOLVED, EXCLUSIVELY AND
FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be
conducted pursuant to the Rules of the American Arbitration Association,
with offices in Atlanta, GEORGIA. If arbitration is chosen by any party
with respect to a Claim, neither Atlanta Network Technologies nor
Customer will have the right to litigate that Claim in court or to have
a jury trial on that Claim or to engage in pre-arbitration discovery,
except as provided for in the applicable arbitration rules or by
agreement of the parties. Further, Customer will not
have the right to participate as a representative or member of any class
of claimants pertaining to any Claim. Notwithstanding any choice
of law provision included in these terms and conditions of sale, this
arbitration agreement is subject to the Federal Arbitration Act (9
U.S.C. §§ 1-16). The arbitration will take place in Atlanta, GEORGIA.
Any court having jurisdiction may enter judgment on the award rendered
by the arbitrator(s). Each party will bear its own cost of any legal
representation, discovery or research required to complete arbitration.
The existence or results of any arbitration will be treated as
confidential. Notwithstanding anything to the contrary
contained herein, all matters pertaining to the collection of amounts
due to Atlanta Network Technologies arising out of sales hereunder will
be exclusively litigated in court rather than through
arbitration.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Atlanta Network Technologies unless
accepted (credit card transactions processed on the site DO NOT
constitute acceptance of an order.) by Atlanta Network Technologies and
we reserve the right to cancel any order for any reason. Terms of
payment are within Atlanta Network Technologies' sole discretion.
Invoices are due and payable within the time period specified on the
invoice, measured from the date of invoice. Atlanta Network Technologies
may invoice parts of an order separately. Customer agrees to pay
interest on all past-due sums at the lower of one and one-half percent
(1 1/2%) per month or at the highest rate allowed by law. Customer is
responsible for, and will indemnify and hold Atlanta Network
Technologies harmless from, any applicable sales, use or other taxes
associated with the order. Customer must claim any exemption from tax at
the time of purchase and provide the necessary supporting documentation.
Any sales, use or other applicable tax is based on the location to which
the order is shipped. In the event of a payment default, Customer will
be responsible for all of Atlanta Network Technologies' costs of
collection, including court costs, filing fees and attorney’s fees. All
payments by Paypal or wire transfer must be completed within 24 hours of
sale. If an order is not paid within the 24 hour window the order will
become null and void.
Return Policies
Each product is fully guaranteed by the manufacturer (unless
specifically stated otherwise). The complete warranty is included with
the product. The manufacturer's warranty covers repair or replacement of
defective parts, subject to the conditions set forth. On most items,
Antonline offers an exclusive 30 day return for refund policy.
The following products are not accepted for return and must be
repaired by manufacturers' authorized service centers: TVs and monitors,
computer products, laser printers, scanners, fax and other devices with
delicate optics. To locate a service center near you, please refer to
your product manual. Unused software may be returned, if unopened, with
some exceptions. Defective software, games, CDs and DVDs may be returned
for the same title only. Some software programs, consumables and media are not returnable to
Antonline under any circumstance and must be returned to the
manufacturer. Stereo and electronic equipment should be bench-tested
prior to installation (units that have been installed, scratched, or
abused will not be accepted for return or credit).
If you are not satisfied with your purchase, you may return it for
refund (excluding shipping and handling charges) within 30 days, subject
to a return authorization from Antonline (see exceptions above).
Returns are subject to a restocking fee, depending on the condition
of goods and packaging material; and cost incurred in restocking.
All returns require a Return Authorization (RMA) number, which you
can obtain online at http://www.antonline.com/request_rma.php. This is
the only source of Return Authorization. Please note that an RMA number
does not guarantee final disposition. All returns are subject to
inspection.
All returned merchandise must be in original factory condition,
including all packaging materials, inserts and manuals, warranty cards
(not filled out), and accessories. Please do not tape or write anything
on the item or packaging. Antonline will charge you for replacement of
damaged, altered, missing, written-on, or taped-on contents or cartons.
antonline reserves the right to refuse any such returns.
Return Procedures
Pack the products into a shipping box with plenty of packing
material, and tape securely. Write the RMA number issued by customer
service clearly on the shipping label as instructed. Any merchandise
returned to Antonline without prior authorization will be refused.
Please ship your parcel back to Antonline freight prepaid. Antonline
suggests that you use UPS Ground Service (Insured). Sorry, Antonline
cannot accept COD or freight-collect shipments. No goods will be
accepted for exchange or return without authorization.
Still Have Questions? Contact Customer Service at
support@antonline.com.
Warranty Services
Some items are sold with an ANTOnline warranty. The warranty term is
from 30 days to 1 year, and is specifically listed for each product.
Many Atlanta Network Technology products are shipped with a "Void if
Removed" sticker. Breaking or otherwise tampering with this quality seal
will render wholly null and void ANT's warranty of this unit and any
right you may have to warranty service.
All warranty services must be approved by Atlanta Network
Technologies Customer Relations at support@antonline.com, prior to
servicing.
Before returning any products for warranty service, please contact
ANT Customer Service Department for a Warranty Service Authorization.
Returned product must have a Return Materials Authorization (RMA)
number written on the shipping label.
In order to expedite warranty service, please have the following
information on hand when requesting an RMA number: Customer number,
invoice number, serial number, and reason for service.
In order to be eligible for warranty service, items must be 100%
complete including all original manufacturer boxes with the UPC code and
packing materials, all manuals, blank warranty cards, accessories and
any other documentation included with the original shipment. RMA
approval is contingent upon, among other things, the products being 100%
complete, and returned in original packaging.
Customer is responsible for shipping charges to Atlanta Network
Technologies's distribution center for all products being shipped for
warranty service. Repaired products will be shipped by Atlanta Network
Technologies to Customer, at Atlanta Network Technologies's expense,
using FedEx Ground shipping.
Customer is responsible for all risk of loss and damage to products
being shipped for warranty service. Please fully insure return shipment
in case of loss or damage. Please use a carrier that is able to provide
you with proof of delivery such as UPS, Federal Express or Airborne
Express. This is for your protection as well as to ensure quick action
on your serviced product.
Server & PC Dead On Arrival (DOA) Policy
An Atlanta Network Technologies product is considered DOA if it
shows symptoms of a hardware failure preventing basic operability, upon
its first use. If you discover that your product may be DOA please
contact support@antonline.com, prior to
any other action. This policy and any type of warranty, express or
implied, will be nullified if the product is modified, opened, repaired
or tampered with in any fashion without authorization from an Atlanta
Network Technologies support person and authorization code. All DOA
notifications must be filed with Atlanta Network Technologies within 30
days of the sale date.
This DOA policy only applies to Atlanta Network Technologies hardware
products currently offered. As new products are offered Atlanta Network
Technologies reserves the right to determine whether or not this policy
applies.
Atlanta Network Technologies reserves the right to test returned DOA
product. If the condition of the product is misrepresented by the
customer, Atlanta Network Technologies may pursue imposing a fee, for
wrongful return, of $500 to the customer.
Atlanta Network Technologies support team will determine if the
product is DOA, and if the product is determined to be DOA, we will
offer you the following options:
Replacement: The same product that was ordered will be shipped
to you and a support representative will contact you within 72 hours of
your contact with the replacement product delivery time, and the process
to return the DOA product.
Service: You will receive a product repair authorization
number; however, once serviced the product is no longer eligible for
replacement. Product must be deemed DOA by Atlanta Network Technologies
technical support within 30 days of the sale date in order to receive a
replacement unit.
Server & PC Return Privileges & Process
Failure to return a product or notify ANTOnline.com of your
intention to return within 3 business days of receipt will be deemed to
be an acceptance of the product.
All returns must be approved by Atlanta Network Technologies Customer
Relations at support@antonline.com, prior to
return. Products that have been opened are not eligible for return.
All custom built or specialty servers, computers, laptops or
electronic computer equipment is not available for return, but is
available for DOA service. This includes but is not limited to the IBM,
Hewlett Packard/Compaq, Super Micro computer brands.
Refurbished merchandise is only available for replacement under DOA
guarantee.
We reserve the right to notify customers and cancel the sale for any
reason. We shall not be held liable for any such cancellation and/or
closure.
Before returning any products, please contact ANT Customer Service Department
for a Return Merchandise Authorization number (RMA). All returns are
subject to a 15% restocking fee and associated shipping costs.
Returns and adjustments to methods of payment may take 10-14 business
days after the return is authorized. Returned product must have a Return
Materials Authorization (RMA) number written on the shipping label.
Return
all products 100% complete including all original manufacturer boxes
with the UPC code and packing materials, all manuals, blank warranty
cards, accessories and any other documentation included with the
original shipment. RMA approval is contingent upon, among other things,
the products being 100% complete.
Customer is responsible for shipping charges to Atlanta Network
Technologies's distribution center for all products being shipped for
return, exchange or replacement. Products exchanged or replaced will be
shipped by Atlanta Network Technologies to Customer, at Atlanta Network
Technologies's expense, using the same shipping method as was used by
Customer to ship the original products back to Atlanta Network
Technologies.
Customer is responsible for all risk of loss and damage to products
being shipped for return, exchange or replacement. Please fully insure
return shipment in case of loss or damage. Please use a carrier that is
able to provide you with proof of delivery such as UPS, Federal Express
or Airborne Express. This is for your protection as well as to ensure
quick action on your return.
IMPORTANT NOTES
All returns must be approved by Customer Support at support@antonline.com prior to
return. Returned product must have a valid ANT RMA number written on the
shipping label. Return shipments without valid ANT RMA numbers will be
rejected. Customer is responsible for return shipping charges to
Antonline's distribution center. Customer is responsible for all risk of
loss and damage to products being shipped for return. Fully insure
return shipment in case of loss or damage. Return eligibility is for
single purchase of product only. Wholesale or bulk purchases (5 or more
items of the same UPC number) are not eligible for return.
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