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| Sale Terms
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 All of our items come with a 30 day Total
Satisfaction Guarantee. Return any item within 30 days from the shipment date
for a full refund less shipping costs.
- All of our items are used or remanufactured
unless specifically stated otherwise.
- All returns must be in the original
manufacturer's packaging with all accessories.
Full Terms & Conditions:
Welcome to the
recoupIT, Inc. ("RECOUPIT") Terms and Conditions ("Agreement"). PLEASE READ THE
AGREEMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS
AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE.
This Agreement contains
the terms and conditions that apply to your ("Customer") purchase from RECOUPIT
for the used, reconditioned or rebuilt computer systems and/or related products
(the "Product or Products") offered and sold by RECOUPIT on the RECOUPIT.com,
eBay.com® or other auction websites ("Websites") or through a RECOUPIT sales
agent. By purchasing the Products, Customer agrees to be bound by and accepts
these terms and conditions. THESE TERMS AND CONDITIONS APPLY UNLESS OTHERWISE
AGREED IN WRITING BY RECOUPIT AND CUSTOMER. These terms and conditions are
subject to change without prior written notice at any time, in RECOUPIT'S sole
discretion.
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Products. ALL
PRODUCTS SOLD BY RECOUPIT PURSUANT TO THIS AGREEMENT ARE USED, AND CONTAIN USED
PARTS, UNLESS SPECIFICALLY STATED OTHERWISE BY RECOUPIT.
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Payment Terms;
Orders. Unless otherwise agreed in
writing by RECOUPIT, payment in full must be received by RECOUPIT prior to
shipment of the Products.
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Shipping Charges;
Taxes and Other Related Fees. Separate
charges for shipping and handling will be assessed on all Products. Customer is
responsible for sales and all other taxes and fees associated with the purchase,
however designated, except for taxes on RECOUPIT'S net income.
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Title; Risk of
Loss. Title to the Products passes from
RECOUPIT to Customer on shipment from RECOUPIT'S facility. Loss or damage that
occurs during shipping by a carrier selected by RECOUPIT is RECOUPIT'S
responsibility. Loss or damage that occurs during shipping by a carrier selected
by Customer is Customer's responsibility.
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Export.
For the purposes of this section, the
use of ‘export' shall mean the transfer of Products outside of the continental
United States. Customer acknowledges that the exportation of Products is subject
to compliance under the United States Export Control Administration Act of 1979
and the Export Administration Act of 1985, as they may be amended from time to
time, and the rules and regulations promulgated thereunder (collectively, the
"Act"). If Customer exports the Products, Customer agrees to comply with the
terms and restrictions of the Act, along with any antiboycott laws and
regulations related to the Products. Customer confirms that it will not
unlawfully export or re-export the Products, directly or indirectly, to (i) any
countries that are subject to U.S. export restrictions or (ii) any end user who
has been prohibited from participating in U.S. export transactions by any agency
of the U.S. government. Customer warrants that the Products will not be used to
develop or produce weapons of mass destruction or sold to an end user who,
Customer knows or has reason to know, may utilize the Products directly or
indirectly in connection with weapons of mass destruction or nuclear activities
listed in U.S. EAR 778.3(b)(1), (2) & (3), whether or not the item is
specifically designed or modified for such activities. If Customer is not the
ultimate end user, Customer agrees to screen the reliability of each end user so
that the Products will not be used in a manner which is prohibited. Upon
request, Customer agrees to execute, acknowledge, deliver and to cause to be
duly filed all such further instruments and documents and take actions as we may
from time to time reasonably request to assure that the necessary export
requirements have been met. If required, Customer will obtain prior
authorization for export of the Products in accordance with the Export
Administration Regulations of the Department of Commerce. If applicable,
Customer will be responsible for assuring that the appropriate import permits
and licenses with respect to the Products, including any markings needed for
import are obtained. Customer shall indemnify and hold RECOUPIT harmless against
any claims, damages or losses incurred as a result of Customer's failure to
comply with the Act or terms contained herein. RECOUPIT reserves the right to
terminate any purchase or this Agreement if Customer fails to comply with the
Act or the terms contained herein.
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Software.
RECOUPIT has no right, title, or interest in any software that may be
contained in or a part of the Products. Title to software will remain with the
applicable licensor(s). Any rights that Customer may have with respect to the
software shall arise only pursuant to end user license agreements ("Licenses")
between Customer and the licensor(s), which Licenses may be contained within the
packaging associated with the Products. Customer agrees to use all software in
accordance with the Licenses.
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Warranties.
Some Products offered by RECOUPIT may be
covered by a warranty provided in writing by the manufacturer when the Products
were originally sold. To the extent assignable, RECOUPIT assigns to Customer
any such remaining warranty provided by the manufacturer. PRODUCTS ARE SOLD
ON AN "AS-IS, WHERE IS" BASIS. RECOUPIT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MECHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. RECOUPIT does not warrant any
software under this Agreement. Warranties, if any, for the software are
contained in the license agreement that governs its purchase and use.
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Return Policies.
Subject to the following requirements,
Customer may return the Product(s) within thirty (30) days from the date the
Product(s) were shipped by RECOUPIT and obtain a credit or refund of the
purchase price (excluding shipping and handling charges). To return the
Product(s), Customer must contact RECOUPIT by Email at support@recoupIT.com and
request a Return Merchandise Authorization (RMA) number. Customer must ship the
Product(s) to RECOUPIT in the original packaging and insure the shipment or
accept the risk of loss or damage during shipment, all of which shall be at
Customer's expense. The original sales invoice(s) must accompany the returned
Products. The RMA number must be listed on the outside of the package. To be
eligible for return, the Products must be in same condition and manufacturers
packing as when shipped to Customer and all of the manuals, diskettes, power
cords, software and other items shipped with the Products must also be
included. No returns will be allowed for Products that are damaged while in
Customer's possession or control. Returns must be received within fifteen (15)
days of the RMA being issued. Upon receipt and inspection of the returned
Product(s) a credit or refund will be issued (excluding shipping and handling
charges.) Any product(s) returned without a RMA will be returned to the
Customer at the Customer's expense.
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Limitation of
Liability. RECOUPIT DOES NOT ACCEPT
LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS AGREEMENT. RECOUPIT WILL NOT 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 EXCEPT AS EXPRESSLY PROVIDED
HEREIN. RECOUPIT'S SOLE LIABILITY FOR ANY CLAIMS, WHETHER BASED IN CONTRACT OR
TORT, AT LAW OR IN EQUITY, FOR ANY LOSS OR DAMAGES ARISING, RESULTING FROM, OR
CONNECTED WITH THE PRODUCTS, THE WEBSITES AND THIS AGREEMENT SHALL BE LIMITED TO
THE LESSER OF THE ACTUAL AMOUNT OF SUCH LOSS OR DAMAGE OR THE PURCHASE PRICE
PAID BY CUSTOMER FOR THE PRODUCTS THAT ARE THE SUBJECT OF THE CLAIM.
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Applicability of
Limitations on Warranties and Remedies to Certain Customers. Certain laws do not allow limitations on implied
warranties, or the exclusion or limitation of certain damages. If these laws
apply, some or all of the above disclaimers, exclusions, or limitations, may not
apply and Customer may have additional rights to those contained herein.
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Applicable Law.
THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA
AND FEDERAL LAW, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. Customer agrees to comply with all applicable laws and
regulations of the various states and of the United States, including all
applicable government export laws and regulations including those which apply to
export of data.
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Not For Resale.
Customer agrees and represents that it
is buying for its own internal use only, and not for resale.
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Other Documents.
This Agreement may NOT be altered,
supplemented, or amended by the use of any other document(s). Any attempt to
alter, supplement or amend this Agreement or to enter an order for Products
which are subject to additional or altered terms and conditions shall be null
and void, unless otherwise agreed to in a written agreement signed by both
Customer and RECOUPIT.
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Headings.
The section headings used herein are for
convenience of reference only and do not form a part of this Agreement, and no
construction or inference shall be derived therefrom.
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Severability. If
any provision of this Agreement shall be illegal, invalid or unenforceable to
any extent under applicable law, such provision shall be fully severable. The
remainder of this Agreement will remain in full force and effect and will not be
terminated.
Arbitration.
Either party to this Agreement may choose to have any dispute, claim, or
controversy arising from or relating to this Agreement or the relationships
which result from this Agreement, any application or advertisement related to
this Agreement or the validity of this arbitration clause or the entire
Agreement, resolved by binding arbitration by one arbitrator from the National
Arbitration Forum ("NAF") selected by RECOUPIT with your consent. The rules of
the NAF shall apply to any such arbitration proceeding, except that if the NAF
rules conflict with this arbitration agreement, then the terms of this
arbitration agreement shall control. Information about the NAF and copies of the
NAF's rules may be obtained from the NAF at Box 50191, Minneapolis, MN, or by
calling NAF at 800-474-2371, or by visiting NAF's wed site at www.arbforum. com.
This arbitration agreement is made pursuant to a transaction involving
interstate commerce, and shall be governed by the Federal Arbitration Act at 9
U.S.C. Section 1, et seq. The parties agree that the arbitration hearing may be
by phone if the amount in controversy is $5,000 or less. Judgment upon the award
rendered may be entered in any court having jurisdiction. Any arbitration award
in excess of $100,000 made pursuant to this arbitration agreement may be
appealed by the party against which the award is made. Such appeal will be a de
novo (new) arbitration proceeding before three arbitrators. The parties agree
and understand that they may choose arbitration instead of litigation to resolve
disputes. The parties understand that they have a right or opportunity to
litigate disputes in court, but may elect to resolve their disputes through
arbitration as provided herein. The parties agree and understand that all
disputes arising under case law, statutory law, and all other laws including,
but not limited to, all contract, tort, and property disputes, may be subject to
binding arbitration in accord with this Agreement. No class action or request
for relief may be brought under this arbitration agreement. Customer agrees that
it shall not have the right to participate in arbitration or in court
proceedings as a representative or a member of any class of claimants pertaining
to any claim arising from or relating to this Agreement. The parties agree and
understand that the arbitrator shall have all powers provided by the law and
this Agreement, except for powers limited or prohibited by this Agreement. The
institution and maintenance of any action for judicial relief in a court to
foreclose upon any Products, to obtain a monetary judgment or to enforce this
Agreement, shall not constitute a waiver of the right by any party to compel
arbitration regarding any other dispute or remedy subject to arbitration in this
Agreement. CUSTOMER UNDERSTANDS AND
AGREES THAT IN ARBITRATION: YOU GIVE UP RIGHTS TO SEEK REMEDIES IN COURT,
INCLUDING THE RIGHT TO A JURY TRIAL; YOUR ABILITY TO COMPEL OTHER PARTIES TO
PRODUCE DOCUMENTS OR BE EXAMINED IS MORE LIMITED THAN IN A LAWSUIT; AND, YOUR
RIGHTS TO APPEAL OR CHANGE ANY ARBITRATION AWARD IN ANY COURT ARE STRICTLY
LIMITED. |
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