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TERMS AND CONDITIONS
We strive to offer the best possible service. If you have any questions regarding
an invoice or your order, please contact your Sales Representative or email
your question to sales netcomusa.com, or fax us at (949) 553-0550.
WARRANTY:
Merchandise sold on an AS IS basis is indicated on the purchase
order or invoice. If merchandise is sold on an AS IS basis it is expressly understood
by buyer that there are no warranties, either express or implied, for such AS
IS merchandise. Therefore seller makes no representation as or warranties either
express or implied or in any other manner or form regarding the merchandise
sold on an AS IS basis. In that regard seller and buyer specifically and unconditionally
agree that there are no warranties of merchantability or fitness for a particular
purpose or use imposed either by contract or law with regard to the merchandise
sold on an AS IS basis. For any merchandise that is not designated AS IS, as
herein set forth, any warranty for merchandise sold will not exceed the period
of time stated on either the purchase order or Buyer and seller expressly and
unconditionally agree that seller makes no express nor implied warranty or representation
the product sold is fit for any particular purpose or use. Please inspect the
entire contents of your package upon receipt. Report any discrepancies immediately
to seller in accordance with these terms and conditions. If a product is covered
by an express warranty such warranty is limited in its scope to defects in material
and workmanship for the period of time indicated. Warranties, if any, begin
to run from the date the product is shipped. It is expressly understood and
agreed by buyer that whenever any product contains a manufacturers express warranty,
the manufacturer’s express warranty will be the sole and only warranty
for the product. If there is no express manufacturer’s warranty, seller’s
responsibility is limited to return of the merchandise to the manufacturer.
Whenever these Terms and Conditions conflict with or are expanded or added to
by any terms and conditions of the Buyer’s order, these Terms and Conditions
shall govern and supersede the terms and conditions of the Buyer’s purchase
order.
RETURNS:
G-d forbid, in the
event you need to return product, please call
(949) 553.0110 for Return
Authorization guidance. You will need to fill out the RMA form
(under the Forms
section on our site) in its entirety and email or print
and fax to us in order to get a Return Authorization number, which must be
clearly and visibly be written on the outside of the box once the item is
shipped back to us. Only products and quantities authorized will be accepted. Any
alteration to the product (i.e., removal damage, or tampering of labels or seal,
defacement of the product or abuse) will void the warranty-the product will be
returned to you non-repaired, at your sole expense. You must
complete and sign the Return Merchandise Form and return it with your
merchandise. Attach a copy of your invoice to this form. For defective products
covered by warranty, you must state problems encountered, exact environment in
which problem occurred, and all steps taken to try to resolve problem. Include
any supporting test results, documentation, etc. Returned products must be
shipped in their original shipping boxes, with all packing material, manuals,
cables, and cords, as originally packed by NetCom and received by customer. If
you do not have your original packing material, and choose to ship your return
in any other packaging, any resultant shipping damage will be your
responsibility. Please adhere to the enclosed packaging guidelines. Please
insure your return items. Products that arrive damaged in shipment will be
returned to you non-repaired, at your sole expense. Product damaged in shipment
due to improper packaging will void any warranty. All insurance, shipping, and
transportation charges must be paid prior to returning product. NetCom will not
pay inbound insurance, shipping, or transportation charges, or accept
responsibility for loss or damage in transit to NetCom. For defective product
covered by warranty, NetCom will prepay shipping of the repaired merchandise.
Any merchandise testing No Problem Found will be subject to a 20% service fee
and all shipping fees, and will be returned to the customer COD.
A 20% restocking fee will be applicable on all
returned merchandise and canceled orders. We strongly recommend
you consult with a local technician or call for consultation before returning
any product. Please allow at least 14 business days for processing of any return
after our receipt of your product.
RMA’s
for Software(s) and/or Data Media(s) will not be given for any reason,
Software(s) as well as Data Medias) are not returnable and not refundable under
any circumstances.
TECHNICAL ASSISTANCE:
Technical support is available during normal business hours at (949) 553.0110
only for merchandise purchased from NetCom. Or you can fax information or questions
24 hours a day to (949) 553.0550.
CLAIMS:
Claims made for errors or shortages must be made to NetCom within 24 hours of
receipt of shipment. External visible damage to a package must be noted to the
courier and the shipment refused. Claims for goods damaged in transit must be
filed against carrier.
LATE CHARGES:
5 % per month will be assessed on past due account.
COLLECTIONS:
The parties hereto agree that if it is necessary for either party to institute
litigation, other than Small Claims Court actions, to enforce anything to do
with or any provision of these contract, litigation may only be filed in the
following counties in California: Orange County. If collection action is instituted to enforce
any provision of this document, buyer agrees to pay all collection costs, court
costs and reasonable attorney fees. If either party institutes Small Claims
Court action, it must be done within jurisdiction of Orange County, California.
RETURN CHECK POLICY:
There will be a $30.00 service charge per check returned unpaid. Please note
that issuing party may be held liable for three times the amount of the check
plus the maximum penalties allowable by law.
LIMITATION OF LIABILITY:
NetCom will not be liable for special, incidental or consequential damages arising
out of the use of these products and in no event shall the liability of NetCom
exceed NetCom’s current selling price of the items originally purchased.
Any credit issued is valid for 90 days from the date of issue and will expire
if not used within that time period. As referred to in the WARRANTY section,
NetCom accepts no liability, express or implied, for items covered under manufacturer’s
warranty.
CREDIT CARD CHARGES:
buyer agrees that transfer of the seller’s merchandise to any courier
of the buyer will serve as absolute authorization for seller to debit the credit
card account of the buyer.
BUYER AGREES THAT THE TRANSFER OF SELLER’S MERCHANDISE TO ANY COURIER
OF THE BUYER IS ACCEPTANCE OF THESE TERMS AND CONDITIONS.
ORDER PROCESSING
All required fields must be filled in completely so that we may process your
order correctly and in a timely manner.
Your confirmed order number will make it easy to attempt changes and/or cancellations,
may be used to check on the shipping status of your order, and will be required
when needing technical assistance on your product. Therefore, please be sure
to write this number down or simply print the order confirmation page for future
reference.
Upon receipt of your order by NetCom Direct, it cannot be cancelled unless
the shipment is unavoidably delayed. In this case, we will do our best to cancel
or make a change to the order at your request.
Unless otherwise stated on the invoice, listed prices do not include any customs,
duties, sales, use, value added, excise, federal, state, local or other taxes.
You are responsible for any applicable taxes required by law.
PAYMENT INFORMATION
We accept Visa, Master Card, and American Express
for all credit card orders. We cannot accept orders paid
by credit cards originally issued by any financial institutions outside of the
United States. (**All International Orders must be prepaid before product shipment**).
We also accept Cashier Checks, Money Orders, Personal Checks, Wire Transfers
and PayPal. Please note, NetCom Direct will only ship your order after payment
has cleared through our industry standard processing of these non-credit card
payments.
Note: a $30 NSF fee shall be applied for any returned checks.
SHIPPING INFORMATION
NetCom Direct will make every effort to ship your product within 24 hours of
receipt of your order when stock is available of your ordered item. All "Next
Day Air" and "2nd Day Air" orders received before 11:00 a.m.
Pacific Standard Time (PST) will be shipped out on the same day unless we are
out of stock in which case you (the customer) will be notified by e-mail or
telephone in a timely manner. Backordered items will be shipped out as soon
as the product is available unless otherwise cancelled after customer notification
of backorder.
NetCom Direct will not ship any credit card order to
any address other than the billing address provided and approved for that card.
If you wish to have your order shipped to a different address, please use one
of the other acceptable payment methods as listed above.
All shipments made by NetCom Direct are insured and guaranteed against loss,
theft and damage to the extent as allowed and provided by our respective freight
carriers.
Refused or undeliverable shipments that are returned will be subject to a 20%
or $25.00 re-stocking fee, whichever is greater, in addition to applicable shipping/transportation
fees.
All orders will be shipped F.O.B. Irvine, CA unless otherwise agreed to
in writing.
Products that are shipped outside the US may be subject to your country's taxes,
tariffs, duties, and other such costs - in addition to your shipping costs.
Sometimes these costs can be quite high. You are responsible
to pay any such taxes, tariffs and customs when the product arrives in your
country.
For International order quotes, please send us an e-mail to Info@NetComUSA.com
Please include the following information in your email:
Full Shipping Address
Name of the product you're requesting information about
Quantity to be shipped
How do you want us to ship the product(s) to you.
Requests must have all the above information to be processed.
RETURN MERCHANDISE AUTHORIZATION(RMA)
If you are a reseller and need to return product for any reason,
please click one of the above links to review our standard RMA form. Please
print out the document, fill in completely all required fields and fax to RMA
dept. at 949.553.0550.
If you are an end-user and need to return product for any reason,
please review our general RMA policies below. After reviewing, please click
the link below the policies to send a request to our RMA dept.
GENERAL RMA POLICIES
1. All RMA numbers are valid for 10 days only. If product is
not received by NetCom Direct within 10 days of issuance, RMA number will be
void, and a new RMA number must be requested.
2. All returned product will be verified upon receipt at NetCom Direct. There
will be a $5/unit handling charge for any product returned that was not purchased
from NetCom Direct. These will be shipped back to customer at customer's expense.
3. Any Merchandise tested and/or "No Problem Found" will be subject
to a 20% service fee and all shiping fees, or product(s) will be returned back
to the customer via COD unless otherwise specified.
4. All products must be shipped in appropriate packaging so as to ensure safety
of product. If the products are not packed properly and are damaged during shipping,
the warranty may be voided and the product will be returned un-repaired at customer's
expense.
5. All products that have physical damage will be returned un-repaired at customer's
expense.
6. Damage or loss of products during shipping to NetCom Direct is the sole responsibility
of customer.
7. NetCom Direct does not-Cross-Ship-under any circumstances.
8. All RMA's for defective products are for repair or replacement only, and
RMA's may take 4-6 weeks for replacement.
9. Product must be in original condition and must be accompanied by all original
packaging including manuals and/or software as may apply.
10. A traceable shipping method should be used when shipping your product to
NetCom Direct. NetCom Direct will not assume responsibility for lost or damaged
merchandise inbound to us.
11. RMA's for software or Data Media will not be given for any reason, and are
not refundable
12. NetCom Direct has a 10 day return policy, customers
may return products within 10 days from the date the product is shipped out
and request a refund on the product (shipping charges are not refundable). All
products must meet the return requirements listed above, failure to do so may
void all return and warranty privileges. Returns after 10 days are subject to
a 20% restocking fee. NO REFUNDS ON ANY ITEM AFTER 30 DAYS FROM THE
DAY OF PURCHASE
13. Any merchandise testing "No Problem Found" will be subject to
a 20% service fee and all shipping fees, and will be returned to the customer
COD unless otherwise specified
14. A 20% Re-stocking fee may apply, if product(s) are returned within and/or
after 10 days of the date that the product(s) were received. Returned merchandise
and cancellation orders must be reported to RMA Dep. within 48 hrs.
We at NetCom Direct thank you for your cooperation in helping our RMA Department
serve you better. If you have any questions pertaining to RMA issues, Please
feel free to contact our RMA department at 949.553.0110
For End-Users, please click below to request an RMA # for your
product: RMA@NetComUSADirect.com
WARRANTY INFORMATION
NetCom Direct warrants its products to be free from defects
in material and workmanship for a period of 12 months from the shipment date
to customer. Product on which warranty is claimed shall be shipped to NetCom
Direct transportation and insurance prepaid. Products replaced by NetCom Direct
shall be returned to customer transportation and insurance prepaid.
This warranty is for the benefit and applies to the customer
only. In no case shall NetCom Direct's liability under this warranty exceed
the price paid by the customer for the product in question. NetCom Direct will
not be liable for indirect or consequential damages, particularly but not limited
to loss of data. NetCom Direct makes no other warranties, expressed, or implied,
and specifically disclaims any implied warranty of merchantability or fitness
for a particular purpose.
The warranty set forth above shall not apply to any failure
or deficiency which has been caused by misuse, neglect, alteration, unauthorized
repair or modification, improper testing accident, or causes external to the
product such as but no limited to excessive heat or humidity, power failure,
or improper installation.
CUSTOMER & TECHNICAL SUPPORT INFORMATION
NetCom Direct's Support Department will do its best to answer
all pre-sales and post-sales technical questions between the hours of 9:00 AM
to 5:00 PM Monday through Friday.
For Pre-Sales please call 949.553.0110
For Technical Support please call 949.553.0110
RESELLER INFORMATION
Resellers are welcome to join our Reseller's Program! Please
fax your request along with your Reseller's Permit and Bank & Trade References
to 949.553.0550. Upon receipt of your Company information, one of our Management
staff will contact you to follow up with your request. You may then enjoy the
discounts and benefits of becoming a NetCom Direct reseller!
LEGAL DISCLAIMER
"NetCom Direct, Inc." and its affiliates hereby expressly
disclaims liability and shall not be responsible in relation to our products
or services for incidental, consequential, and contingent damages of any kind
or nature, including without limitation: damages to persons or property, whether
a claim for such damages is based upon warranty, contract, tort or otherwise;
damages due to or arising out of the loss of data; or lost profits. Some products
may vary in appearance and actual products may differ slightly from picture.
NetCom Direct shall not be held liable for typographical errors, pricing, product
information, advertising or shipping errors. Advertised prices, available quantities,
and specifications are subject to change without notice.
COPYRIGHT
& TRADEMARK STATEMENT
NetCom Direct, netcomusa.com, netcomusadirect.com, and the NetCom Logo are registered
trademarks of NetCom Direct, Inc. All rights reserved. No part of this or any
other NetCom Direct documentation, including but not limited to manuals, flyers,
specification sheets, and letterhead may be reproduced without prior written
consent from NetCom Direct.
All contents including but not limited to pictures, diagrams,
descriptions, statistical data, and page layout, are copyrighted by NetCom Direct,
Inc. Any unauthorized use or copying of these contents without NetCom Direct's
express written consent, is strictly prohibited by law.
All other trademarks and logos used or referred to herein are
the property of their respective owners.
PRIVACY STATEMENTS & POLICIES
NetCom Direct, Inc. is committed to the protection of your
personal information. Our Privacy Statement contains the following important
information regarding your use of the NetCom Direct web site:
COLLECTION OF YOUR PERSONAL INFORMATION
When you provide NetCom Direct with your personal information
via the NetCom web site, we will inform you of the intended use. In all cases
and respects, your information will be held in strict confidence. The types
of personal information that we collect from you will depend on how you use
the NetCom Direct web site. For example, when registering your product with
NetCom we will collect details such as your name, email address, age, gender,
and some details of your personal interests, your preferences for receiving
commercial email and receiving market research surveys via email. Some of this
information is essential for us to be able to accurately identify who is using
the service and as such is mandatory.
Other types of information are collected to help us profile
who is using the services and what their interests are. Information of this
type is often optional - you need only fill it in if you wish to do so.
NetCom Direct records other information as well. This information
is used to improve the structure and performance of the NetCom web site to provide
the user with the best possible experience while visiting with our site. Whenever
a page is requested from our web server, NetCom records the time, date and URL
of the request, along with information on the browser software that is being
used. We also anonymously track the pattern of visitor usage across the NetCom
web site and to store shopping cart information. NetCom Direct will do this
by issuing an anonymous user ID. This anonymous ID uses a feature in your web
browser called a Cookie. This cookie identifies and recognizes the computer
(but not the person using the computer) when you visit the NetCom Direct web
site.
Cookies are pieces of information that a website can transfer
to an individual's computer hard drive for record keeping. The use of cookies
is an industry standard and you'll find most major websites use them. Most Internet
browsers are pre-set to accept cookies. If you prefer not to receive cookies,
you can adjust your Internet browser to disable cookies or to warn you when
cookies are being used. However, if you disable cookies you will not be able
to make an online purchase on our web site.
We will not collect any personal information from you revealing
racial or ethnic origin, political opinions, religious or philosophical beliefs,
trade union membership, or details of health, disability or sexual activity
or orientation.
Exceptions to this rule include:
- Where you have given express consent to NetCom Direct to do so.
- Where there are reasonable grounds to believe that disclosure is necessary to prevent a threat to life or health.
- The use is authorized by law or reasonably necessary to enforce the law or
- When the information is necessary for the establishment, exercise or defense of a legal claim.
How we use your personal information
The personal information that you provide to NetCom Direct
during registration of products and purchases on NetCom's web site is used for
identification purposes and order processing only. Recording usage patterns
helps us to identify the areas of our site that are popular and those that are
not. By using cookies, users can specify their unique preferences.
NetCom Direct reviews the data that is collected when you use
NetCom's web site for analysis purposes. Personally identifiable characteristics
are removed and the user remains anonymous, unless you have given prior specific
consent for NetCom to recognize your usage. Additional data provided to us is
used to examine Internet trends and demographics to help NetCom offer you improved
online products and services. We may use this personal information or data for
a purpose other than these purposes (specified above) if:
- You would reasonably expect us to use the personal information for that other
purpose; and
- That other purpose is related to these purposes (specified above). For example,
sending you emails providing essential information about your NetCom Direct
products or purchases.
NetCom Direct may also use your personal information for the purpose of direct
marketing. We may only use your personal information or data for the purpose
of direct marketing in relation to promotional activities where it is impracticable
for us to obtain your prior express consent. However, when NetCom does this,
we will provide an opportunity when we first contact you to decline receiving
any further marketing communications from NetCom, via an opt-out mechanism.
NetCom will only send emails to you if you have elected to receive such emails
or if they are in response to an email we have received from you.
If we wish to use any of this personal information, information
or data for any purpose other than those specified above, we will not do so
unless we have your express consent to do so.
DISCLOSURE OF YOUR INFORMATION
The information we collect from you is strictly confidential.
NetCom Direct will not reveal, disclose, sell, distribute, license, or otherwise
share that information on to any other parties outside of NetCom and its related
staff.
We may disclose the personal information, other information
or data we collect from you for the purpose specified to you at the time of
collection or for another purpose if:
- You would reasonably expect us to disclose it for that purpose; and
- That purpose is related to the purpose specified to you at the time of collection.
If we wish to disclose any of this personal information, information or data
other than as set out above, we will not do so unless we have your clear consent
to do so. We will not provide your email address to third parties without your
consent.
Exceptions to this include:
- Where there are reasonable grounds to believe that disclosure is necessary to
prevent a threat to life or health;
- Where NetCom suspects that unlawful activity is or has been engaged in and uses
the personal information, information or data to investigate the suspected unlawful
activity; or,
- The use is authorized by law or necessary to enforce the law. These uses may
include where NetCom is required to provide information in response to subpoenas
or warrants or other legal processes.
We will take reasonable steps to ensure that all information we collect, use
or disclose is accurate, complete, current and stored in a secure environment
accessed only by authorized persons. Transmissions sent to or from NetCom Direct
are routinely monitored for quality control and systems administration.
Revised: 10/01
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