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Purchase Options
The Purchaser shall pay the purchase price from the quote to HTS
in one of these ways:
1. Total invoice amount due upon receipt
2. Exercising the leasing terms listed on the quote, with first
and last payment due at order.
If the Purchaser fails to pay the entire purchase price when
due, the Purchaser may be required to pay a service charge:
(i) at the rate of 18% per annum applied to the unpaid balance.
Minimum finance charge is $2.00.
(ii) in addition the Purchaser agrees to pay up to a 30%
collection fee of invoice amount or a minimum of $100 should it
become necessary for HTS to engage outside professional services
in the collection of the purchase price due to the Purchaser's
failure to pay the purchase price as shown on the invoice when
due and also agrees to pay reasonable attorney's fees with court
costs.
Credit Card Charges
Purchaser agrees that transfer of the HTS’ merchandise to any
courier of the Purchaser will serve as absolute authorization
for HTS to charge the credit card account of the Purchaser.
Return Check Policy
There will be a $25.00 service charge per check returned unpaid.
Please note that the issuing party may be held liable for three
times the amount of the check plus the maximum penalties
allowable by law. If funds are not made good within 15 days,
accounts will be turned over to HTS’ attorney for prosecution to
the full extent of the law.
Restocking Fee
A 20% restocking fee of the purchase price may be applicable on
all returned merchandise and canceled orders.
Pricing, Specifications &
Availability
Prices, specifications, and availability of products are subject
to change without notice. Due to the volatile nature of the
technology market, descriptions may not reflect current
technical information. HTS may change its pricing, product
description, or specification after any order confirmation or
response e-mail but prior to shipment due to changing market
conditions, product discontinuation, product unavailability or
typographical errors.
Warranties.
Product, warranties are provided by the manufacturer of the
Products. HTS makes no warranties whatsoever. HTS' sole
obligation in the event of breach of any warranty or during the
Dead on Arrival (DOA) period of thirty (30) days after invoice
date shall be the repair or replacement of defective Products.
There is no credit or refund policy. HTS may act on behalf of
the purchaser to work with the manufacturer or third party
warranty provider to correct the problems that are experienced.
Service warranties are 30 days from
date of service and are limited to the time or materials to do
the work over again and fix any defective work. HTS’ sole
obligation is to provide a re-work of the service performed
initially. There is no credit or refund policy.
Any defective product which is returned
to HTS must have freight prepaid. HTS reserves the right to
replace defective parts with equivalent parts, new or
refurbished, as HTS deems necessary. Purchaser shall bear all
responsibility for shipping charges and risk of loss or damage
during transit to HTS. Products which have been subjected to
abuse, misuse, alteration, neglect or unauthorized repair or
installation, as determined solely by HTS, are not covered by
manufacturer warranty. Any alterations, additions, improvements
or attachments to the product(s) not authorized in writing by
the HTS shall be deemed to be a waiver of this warranty by
Purchaser and shall render this warranty null and void. HTS
shall return repaired or replaced product(s) to Purchaser, at
its expense, via regular ground service. Shipping charges by all
other methods and to all other destinations shall be borne by
Purchaser.
HTS makes no other warranties, express
or implied, including any warranty of fitness for a particular
purpose or merchantability. In no event shall HTS be liable for
indirect, special or consequential damages such as loss of
profits or business opportunities, and in no event shall HTS'
liability exceed the purchase price of the product(s).
Liability
In no event shall HTS be liable for special, incidental, or
consequential damages, including, but not limited to, loss of
profits, revenue, data, or loss of use by Purchaser or any third
party, regardless of whether a claim or action is asserted in
contract or tort, and whether or not the possibility of such
damages has been disclosed to HTS in advance or could have been
reasonably foreseen by HTS. In the event HTS breaches any of
these terms and conditions, or otherwise is in default of or
violates any of the terms and conditions of this Agreement, the
sole remedy of Purchaser shall be to recover the actual amount
paid to HTS regarding the incident in question.
HTS 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. HTS will not be liable for
products or services not being available for use or for lost or
corrupted data or software. Customer agrees that for any
liability related to the purchase of products or services, HTS
is not liable or responsible for any amount of damages above the
aggregate dollar amount paid by customer for the purchase(s)
under this Agreement.
Trademarks
All product names and company logos mentioned herein remain the
trademarks of their respective owners.
Disputes
Any disputes that arise between the parties with respect to the
performance of this contract shall be submitted to binding
arbitration by the American Arbitration Association, to be
determined and resolved by said Association under its rules and
procedures in effect at the time of submission and the parties
hereby agree to share equally in the costs of said arbitration,
except that the prevailing party shall be entitled to
reimbursement of its legal fees incurred from the non-prevailing
party. The final arbitration decision shall be enforceable
through the courts of the state of Iowa or any other state in
which the Purchaser resides or may be located.
Scope of Agreement
If any provision hereof is found by a court of competent
jurisdiction to be prohibited or unenforceable, it shall be
ineffective only to the extent of such prohibition or
unenforceability, and such prohibition or unenforceability shall
not invalidate the balance of such provision to the extent it is
not prohibited or unenforceable, nor invalidate the other
provisions of this Agreement, all of which shall be liberally
construed in favor of HTS in order to effect the provisions
hereof. |