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General Terms and Disclaimers
The following information is provided for reference and to answer most of your
questions. If you need more detailed information, please call your TapeOutlet.net
Account Executive at (877) 213-9392
• Pricing and Product Availability
• Shipping Options and Policies
• Payment Methods
• Returns Policies & Procedures
• General Terms & Disclaimers
• Order Cut Off Time
• Applicable Taxes
• International Orders
General Terms and Disclaimers
General
The TapeOutlet.net Web site were created by TapeOutlet.net for the exclusive
use of our customers, and are intended for research and buying purposes only.
No TapeOutlet.net or TapeOutlet.net print or online publication may be duplicated,
redistributed or modified in whole or part without prior written authorization
from TapeOutlet.net Sales, Inc. For the purposes of these terms and conditions,
"TapeOutlet.net " shall be taken to include TapeOutlet.net and osidatatech.com.
All TapeOutlet.net policies, terms and conditions are subject to change without
notice. If the General Terms and Conditions provided on our Web site do not
answer your specific questions, or if you need more detailed information, please
contact your Account Executive at (877) 213-9392.
Right of Offset
At any time that an amount is due TapeOutlet.net, TapeOutlet.net shall have
the right, without prior notice, to set off and apply any amounts otherwise
owed by TapeOutlet.net to purchaser, to any amounts owed to TapeOutlet.net by
purchaser, in all cases.
Prices & Availability
Because of the fast-moving nature of the industry, prices and availability are
subject to change without notice. TapeOutlet.net is unable to issue price adjustments
due to manufacturer price changes after date of original sale. We do our best
to provide the most accurate, up-to-date information, but errors do occur and
we reserve the right to make changes without notice. Your TapeOutlet.net Account
Executive will inform you when a product is not in stock, and can tell you when
we expect the product will be available. Anticipated delivery dates are based
upon vendor supplied information and are subject to change.
Typographic, Photographic and Technical Errors
Although we do our best to achieve 100% accuracy, occasionally errors and inaccuracies
do occur. Should you encounter an error or inaccuracy, please inform us so it
can be corrected. Products and packaging depicted may differ from stock available
at the time of shipment. We reserve the right to substitute equivalent items.
If an error is made and a product is listed at an erroneous price, TapeOutlet.net
may, at its discretion, refuse or cancel any orders placed at the incorrect
price. If an order has been confirmed and charged to your credit card at the
incorrect price, TapeOutlet.net shall have the right to immediately issue a
credit in the amount of the incorrect price.
Warranty Disclaimer and Limitations on Liability:
TapeOutlet.net PASSES THROUGH TO ITS CUSTOMERS ALL MANUFACTURERS’ WARRANTEES
AND GUARANTEES THAT ARE PROVIDED FOR THE PRODUCTS IT SELLS. TapeOutlet.net MAKES
NO ADDITIONAL OR INDEPENDENT WARRANTIES.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TapeOutlet.net DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TapeOutlet.net SHALL
UNDER NO CIRCUMSTANCES BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTAL (INCLUDING
LOST PROFITS OR OPPORTUNITIES), OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF TapeOutlet.net
FOR ALL DAMAGES SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE
OF THE PRODUCT. LIKEWISE, TapeOutlet.net WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF ITS CATALOG OR WEB SITE, INCLUDING, BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
ALL MERCHANDISE IS SOLD "AS IS". PLEASE CHECK MANUFACTURER PACKAGING
AND MATERIALS FOR COMPATIBILITY. TapeOutlet.net MAKES NO WARRANTY AS TO THE
PERFORMANCE OF ANY MERCHANDISE SOLD. WE ARE NOT RESPONSIBLE FOR SYSTEM DOWNTIME,
LOST DATA, ETC.
THIS DISCLAIMER BY TapeOutlet.net IN NO WAY AFFECTS THE TERMS OF ANY APPLICABLE
MANUFACTURERS’ WARRANTIES OR GUARANTEES. TapeOutlet.net WILL PROVIDE COPIES
OF SUCH WARRANTIES AND GUARANTEES UPON REQUEST BY CALLING (877) 213-9392 CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.
Disputes:
Any claims against TapeOutlet.net relating in any way to your purchases from
TapeOutlet.net shall be submitted to confidential arbitration in San Diego,
California. Arbitration under this agreement shall be conducted under the rules
then prevailing of the American Arbitration Association. The arbitrator's award
shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration
under this Agreement shall be joined to an arbitration involving any other party
subject to this Agreement, whether through class arbitration proceedings or
otherwise. In any such arbitration, the parties shall be responsible for their
own costs, expenses, and attorney’s fees. In the event that this arbitration
provision is unenforceable, any litigation regarding this agreement or any transaction
between the customer and TapeOutlet.net shall be brought in the state or federal
courts located in Los Angeles County, California, and the customer hereby agrees
and submits to such jurisdiction and venue as exclusive and proper.
Governing Law:
Transactions between you and TapeOutlet.net, and any disputes arising between
you and TapeOutlet.net related to any interaction between you and TapeOutlet.net,
including but not limited to claims relating to the content of its catalogs
and website, shall be governed by and construed in accordance with the laws
of the State of California without regard to the laws regarding conflicts of
law. If any provision of this agreement shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from this
agreement and shall not affect the validity and enforceability of any remaining
provisions.
This agreement, the policies printed in the TapeOutlet.net catalogs and on
the osidatatech.com Web site, and the policies, terms and conditions stated
on the applicable TapeOutlet.net invoice or packing slip, constitute the entire
agreement between the parties relating to the subject matter herein, and cannot
be modified except in a written agreement signed by both parties.
Jurisdiction
Unless otherwise specified, this Web site is presented solely for the purpose
of promoting products available in the United States, its territories, possessions,
and protectorates. This site is controlled and operated by OSI Datatech, LLC.
from its offices within the State of California, United States of America. Those
who choose to access this site from other locations do so on their own initiative,
and are responsible for compliance with laws governing export of software and
other applicable laws, including local laws, if and to the extent local laws
are applicable.
Title Risk of Loss:
Title to items being purchased passes from TapeOutlet.net to purchaser at the
time of shipping. Customer takes on full liability for safety and validity of
delivery address given to us at the time of purchase. TapeOutlet.net will not
incur any forwarding costs on shipments. TapeOutlet.net shall not be responsible
for damages or delays resulting from Acts of God, war, riot, seizure, terrorist
activities, embargo, or other acts or events nothing within the reasonable control
of TapeOutlet.net.
Logos, Trademarks, Service Marks
TapeOutlet.net, osidatatech.com and their respective logos are registered trademarks
of OSI Datatech, LLC. and all other distinctive site logos, marks and graphic
elements on the tapeoutlet.net Web site are trademarks of OSI Datatech, LLC
and are subject to applicable trademark protections. All other company, product,
and service logos, marks and names in TapeOutlet.net print and online advertising
are or may be trademarks or service marks of the companies and organizations
mentioned. All trademarks and registered trademarks are used to benefit, without
intent to infringe on, the holder of the mark.
Purchases for Export or Schools
If you purchase items for the purpose of export, you must obtain from the federal
government certain export documentation, and that responsibility is solely yours.
The terms of our agreements with some vendors represented in our online and
print advertisements forbid us from exporting their products. Some products
are not available for sale to schools. For specific issues contact our educational
sales department at (877) 213-9392.
CPU purchases
Unless otherwise specifically indicated, monitors, speakers, and printers pictured
in our publishings are sold separately on desktop or mainframe computers.
Internet disclaimer
Internet connectivity requires access services from an Internet Service provider.
Contact your local Service Provider for Internet connectivity and access.
56K disclaimer
56K modems are capable of 56Kbps downloads, however, current regulations limit
download speed to 53Kbps.
Y2K disclaimer
All products sold by TapeOutlet.net are third party products and are subject
to the warranties and representations of the applicable manufacturers, including
but not limited to Y2K compliance. TapeOutlet.net makes no representation or
warranty with respect to the Y2K compliance of product sold.
Third Party Service Contracts:
TapeOutlet.net is a reseller of various service contracts issued by and performed
by third party service providers. We are not the providers of the services described
in those contracts, and the third party service provider is the only party responsible
for performing, or arranging for performance, of those services. You agree that
the third party service provider is solely responsible for fulfillment of the
service obligations, and you agree that you will look only to the third party
service provider for any loss, claims or damages arising from or relating to
the purchase and performance of those services. You also agree to release TapeOutlet.net
from any and all claims arising from or relating to the purchase and performance
of the services to be provided by the third party service providers. In some
states, those services may be subject to applicable tax. To the extent that
such taxes are collected by TapeOutlet.net , they are collected solely on behalf
of the issuer of the service contract in TapeOutlet.net ’s capacity as
an independent sales agent for the service provider.
Software Installations:
The customer gives TapeOutlet.net permission to accept all software licenses
on their behalf for any custom software installation.
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Order Cutoff Time
Each order must be credit approved and transmitted to the shipping warehouse
before the cutoff time of that warehouse location. Same-day shipping cutoff
times vary by warehouse location and may range from 2:00pm EST to as late as
10:00pm EST. If you need further verification regarding your order, please call
us at (877) 213-9392.
Orders placed and/or credit approved later than the applicable warehouse cutoff
time will ship the next business day. Orders placed and credit approved anytime
Sunday for in-stock items will ship on the following Monday.
We currently provide no price protection after a purchase has been made.
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Applicable Taxes
Any sales, use or other applicable tax is based on the location to which the
order is shipped. If you believe your purchases are not subject to sales tax,
please contact your Account Executive for assistance at (877) 213-9392 prior
to placing an order.
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International Orders
International orders are taken over the phone only. Please call 858-605-6506
for rates, restrictions and other special arrangements for your orders. Please
note that many products' warranties do not provide coverage outside the U.S.,
and some products may not be exported due to manufacturers' restrictions or
U.S. laws. TapeOutlet.net makes no representations regarding warranty coverage,
compatibility, or serviceability for products that are used outside the U.S.
Orders for shipment outside the US are subject to higher shipping rates, and
applicable customs, duties and taxes, all of which are the responsibility of
the customer. All international orders must be prepaid in full with U.S. funds,
by a cashier's check drawn on a U.S. bank or by wire transfer.
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Additional Information:
TapeOutlet.net policies are subject to change without notice. We do our best
to ship all orders as rapidly and accurately as possible. However, TapeOutlet.net
is not liable for late or delayed shipments or system failures. Title to items
being purchased passes from TapeOutlet.net to purchaser at the time of shipping.
If you purchase items for export, you must obtain from the Federal government
certain export documentation. Terms of TapeOutlet.net 's agreements with numerous
vendors in the catalog forbid us from exporting product. Some products are not
available for sale to schools. All trademarks and registered trademarks are
used to benefit and without intent to infringe on the mark holder. TapeOutlet.net
logos are registered trademarks of OSI Datatech, LLC..
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